80/60 on I-95

[skl2007]

What is the name of your state? Virginia

Hello, I am a 18 year old, a high school senior

I was driving on 95 yesterday around 7pm
and the traffic wasn't great that when I was first on 95, the cars could hardly move over 60
and when it started picking up some speed
I was blocked by a mini van/truck that had one of those plastic windows
and since it was a straight road, my vision was blocked
so I switched to the second lane ( I was previously on the first) when the car in front of me braked,
so to avoid any accident, I switched to the lane right of that,
and to avoid the car behind me hitting me from behind, I stepped on the gas to accelerate a little bit
then the cop got me right at that moment and pulled me over

He said that I was going 80
but to my knowledge, I consistently checked my speedometer, especially when I stepped on the gas because I know how 95 can be
and I am definitely certain that I was not going 80

On my ticket, it says that I can avoid going to the court,
does that mean it wasn't a reckless driving? since all reckless driving requires court appearance?

and as I read some stuff online, some mentioned about taking a driving school before going to court, how would this help me?

also, how do I obtain my driving record, since mine is clear and I would like to show it to the judge

also, I was so unlucky because the cop was about a mile, not even, before the traffic sign indicating the starting of 65 zone, would this help me in anyway?

also, when I tried talking to him he was too busy listening and answering his radio thingy, would this help me at the court?

and my last question, what is plea bargaining?

Thank you so much,
this is my first ticket
and I really don't know what to do

 

[racer72]

I was blocked by a mini van/truck that had one of those plastic windows
and since it was a straight road, my vision was blocked
so I switched to the second lane

So you admit to following too closely.

( I was previously on the first) when the car in front of me braked,
so to avoid any accident, I switched to the lane right of that,

Confirms my above reply.

I switched to the lane right of that,
and to avoid the car behind me hitting me from behind, I stepped on the gas to accelerate a little bit

A little impatient are we?

then the cop got me right at that moment and pulled me over

So far it appears for good reason.

He said that I was going 80
but to my knowledge, I consistently checked my speedometer, especially when I stepped on the gas because I know how 95 can be
and I am definitely certain that I was not going 80

Prove it.

On my ticket, it says that I can avoid going to the court,
does that mean it wasn't a reckless driving?

That is correct, reckless is 25 over in your state.

since all reckless driving requires court appearance?

OK.

and as I read some stuff online, some mentioned about taking a driving school before going to court, how would this help me?

Complete driving school, get no tickets in one year and the citation is dropped.

also, how do I obtain my driving record, since mine is clear and I would like to show it to the judge

The judge will have that info.

also, I was so unlucky because the cop was about a mile, not even, before the traffic sign indicating the starting of 65 zone, would this help me in anyway?

Irrelevent. Even if the speed limit was 65, you were still speeding.

also, when I tried talking to him he was too busy listening and answering his radio thingy, would this help me at the court?

The time and place to discuss the merits of the citation is in the courtroom, not on the side of the road.

and my last question, what is plea bargaining?

Pleading guilty to a lesser charge. In your case it may be possible to make an agreement with the prosecutor such as plead guilty to speeding 5 mph over instead of 20. You don't take the hit on the points on your driving record. In traffic court, you often will have to pay the full fine though in exchange for the plea bargain. Whether the prosecutor is willing to bargain will depend on how strong the case is against you.

Thank you so much,
this is my first ticket
and I really don't know what to do

You have options. You could talk to a local attorney, he would be familiar with how your local courts work and my have a way to deal with your problem. Other members of these forums may come along with other advice, some will be more helpful than others. Beware of those that post a bunch of laws, especially on speed limits. Unless you are an experienced attorney, you are not going to argue federal and state speed limit laws in a court and win.

 

[Just Blue]

http://www.sentinelandenterprise.com/ci_5175629

 

[galv]

Correction to you

Correction: In Virginia, reckless is NOT 25 M.P.H. over the posted speed limit, it's 20 M.P.H. over, -OR-, 80 M.P.H. regardless of the posted speed limit.

 

[galv]

Oh yea, and to the original poster, take responsibility and pay the damn ticket.

You were speeding, get over it.

Welcome to the real world.

At the very least, be upfront and honest to the judge and he/she may give you a sweet deal.

 

[trieroffact]

The citation sounds a little flaky - was the officer on the side of the road or was he in traffic?

However he made the measurement in VA by statute- the device he used or his speedometer has to have been calibrated within 6 months. This is usually not the case or the officer does not have the calibration in court so it is one thing to look at.

Call the clerk of court to see if you are eligible for Virginia Traffic School.

You can and should order your driving record.

https://www.dmv.virginia.gov/dmvnet/online.asp