Amherst Virginia Reckless Driving Ticket

[katmcc216]

So I received my first ticket EVER back in October. They said I was going 90 in a 60 but my speedometer said 70. I had only owned that car for 4 months at that point, I had bought it used. I knew immediately that the speedometer had to be off.*

I got my ticket on a Friday leaving Amherst taking my roommate up to NOVA for fall break. But I had to leave early Saturday morning to come back for work, I am a waitress and was working doubles both Saturday and Sunday. On Monday I had to head back to Nova after working a morning shift because Tuesday morning I had to bring her back because that was the last day of Fall Break. I had intended to get my cars speedometer checked Wednesday or Thursday. But I ran into a bit of a problem, well more like I was ran into.*

I was stopped on Constitution Highway behind a 2014 Nissan Pathfinder, there was about 8-10 feet between us. I was talking to my roommate and the next thing I know I have an airbag in my face, my ears are ringing, smoke is coming out of the front of my car, my car dies, and I look to make sure my roommate is okay. Besides a good hit to the head (she was later cleared of a concussion) she was okay.*

Once it was safe I made her get out of the car and go to the side of the road. I was stuck in my seat for a few extra minutes because it was a one lane eachway road and cars were zooming past us. I eventually get out and I see that we were not only rear-ended but hit so hard we were pushed that 8-10 feet forward and an additional 4 feet into the back of that pathfinder.*

A girl driving the GMC Jimmy (the car that hit us) gets out and apologized profusely, after EMS cleared us of any dire emergency conditions we proceeded to take care of all the damage to our cars. The GMC Jimmy and my Ford Escape were both totaled, the Nissan Pathfinder would have been totaled had it not been for it being a 2014, and there was a 4th car that was damaged by flying debris.*

After getting that all cleared up I knew we had to be thoroughly checked out so we got a ride back to Lynchburg where we got to college and one of our friends took us to the emergency room. I later found out I have 2 bulged discs and a degenerating disc in my neck. It is now February and I have still not been cleared to go back to work and if they don't stop the degenerating disc from getting worse I will have to get it fused. I am 21 years old.*

The police deemed the accident a total fault to the driver of the GMC Jimmy. However, a big problem being since my car was totaled I couldn't take it in the get the speedometer checked. I spoke with the company that was holding my car while insurance dealt with it as well as a mechanic who would come get my car and test the speedometer. I made all of the arrangements with the mechanic and the company. I even have text messages to prove it. But after awhile I didn't receive any information or results and I find out that the company refused to give the mechanic my car after I made arrangements with them and then proceeded to scrap my car for parts. All without informing me until it was too late. Needless to say I was furious.*

I have completed an 8 hour in class driving course. I have provided all the documentation needed that my lawyer asked. I have no previous record of anything. I am a california licensed driver. I have to be able to drive to get to my physical therapy and doctors appointments. I am also the main source of transport for my roommate as she does not drive.*

My court date is this Thursday and I am terrified of getting jail time. I have done everything that I can and I don't believe I should be punished to the level I am facing when I was robbed of my opportunities to try and protect myself. I will accept a speeding ticket and a fine, I realized I was going 70 in a 60 (even though I was in a 65 when I was knowingly going 70 and was working my way down to fitting the speed when it dropped to 60 but the officer managed to pull me over, but admitted he had been following me for miles). I am more than willing to accept those charges, I understand my mistake.

I think I am just looking for some advice on what else I can do, what I should expect, and how would this affect the fact that I am a California driver still because technically my licensed address is at my house back in California not my apartment in Lynchburg.*

I could really use some advice.

Thank you in advance.

 

[HighwayMan]

Every county in Virginia can handle things very differently, and some have prosecutors and some do not. My wife got a reckless in King George county and ended up getting an offer from the judge to take a defensive driving class and that resulted in the ticket being dismissed once proof was shown that the class was taken and passed.

It's a little late now to ask for advice considering your court date is tomorrow. You should have had plenty of notice of your court date.

One issue I see is the fact that you are obviously a VA resident yet you don't have a VA license. I'm sure you are required by law to have a VA license. Hopefully the judge won't make an issue of that, but you should get that corrected ASAP.

If the court has a prosecutor see if you can speak to him/her to see if some type of deal is possible. Otherwise you'll just have to play it by ear.

And by the way, your post was WAY too long and contained too much detail about your crash. It would have been sufficient to say that your vehicle was totaled and you could not get the speedometer tested. Many people would have probably skipped over what you wrote just because it was too much.

If it makes you feel better, I doubt the speedometer would play any role or help you. Most drivers should be able to tell the difference between 70 and 90 without too much trouble, so a defective speedometer is no justification for driving that fast.

It would help if you came back and updated us on your result in court, since these Virginia reckless driving issues pop up here once in a while.

Good luck tomorrow. Make sure you're on time and try to dress appropriately for court.

 

[FlyingRon]

The GDCs are a state thing but as HighwayMan aludes, there's a lot of variability with what the judges will take. Best bet is to call a local attorney who will know what will fly. Generally, the Commonwealth's Attorney doesn't get involved with these cases UNLESS you yourself show up with a lawyer. However, you can typically go meet the CA before the trial and work out a plea down to Improper Driving (noncriminal). In some cases you can avoid the whole thing for a VADIP/VASAP class.

Some lawyers will have you go get the speedometer certified as being off, but most counties I'm familiar with don't buy this dodge anymore.

Best advice: get an attorney.

 

[HighwayMan]

Well court is tomorrow so it's a bit late for the attorney, however buried in her long post is a reference to getting all of the documentation that her attorney asked for, so I would have to assume that the OP has already retained counsel.

If that is, in fact, the case, she'll probably make out as well as anyone could reasonably expect.

Hopefully she will update us after her court appearance.