Do I need Representation?

[reckless?]

What is the name of your state (only U.S. law)? Va.

I received a ticket in Fairfax County, VA. for going 76 in a 55 Mph zone, which is Reckless Driving as it is 20+ Mph over the speed limit.

I was driving with traffic, not passing other drivers, and was pulled over by an unmarked car who "paced" me.

I have since gotten my speedometer calibrated, and it reads 2 Mph slow, so when I was driving 76, it would only have read 74...making me below the threshold for reckless driving.

I have a +2 driving record and no real history of tickets or issues (1 ticket about 4 years ago), do I need to retain legal representation in order to at least get this reduced, or should I be ok going in on my own with the information I have attained?

 

[HighwayMan]

It can never hurt to consult an attorney, especially if you can get a free consultation, which is not uncommon.

I think these "reckless driving" statutes that simply require a certain speed above the limit are a bit ridiculous, but that's the law.

The fact that you were "keeping up with traffic" will get you nowhere, so forget that as a defense. And when you say you got your speedometer calibrated, don't you mean you simply had the calibration checked? Or was there a problem which was corrected?

The officer wrote you for 76, which is the speed HE measured you at. That is not affected by your speedometer anyway! So if you claim a defective speedometer that's different - but not a defense in many jurisdictions.

 

[reckless?]

Oh I am fully aware that "keeping up with traffic" is the farthest thing from a defense, just giving the situation background.

I had the calibration of my speedometer checked, and have a certified report saying that at 76 mph my speedometer would have read 74. My claim would be that yes, I was speeding; however, I was not aware that I was driving in the range of reckless driving, due to the fact that my speedometer was telling me otherwise.

Is this viable?

I greatly appreciate your response

 

[HighwayMan]

Depends on how the statute is actually written, if any culpable mental state is involved (e.g. intentional). Someone familiar with VA needs to respond as to how the courts there operate. I would think that a plea deal of some sort would be normal in most courts, giving you the opportunity to maybe plead to a non-reckless speed.

Maybe you can contact the court or go there in person and find out what arrangements can be made. See if the court normally has a prosecutor handle cases like this and maybe you can find out some info from that office.

 

[I_Got_Banned]

I was not aware that I was driving in the range of reckless driving, due to the fact that my speedometer was telling me otherwise.

Ignorance of the law is not a viable excuse...

Furthermore, by driving at 74 or at 76 (19mph over or 21mph over)... And even if you're going with the flow of traffic (although you were probably driving the fastest otherwise someone else would have been cited) means that you were pushing the limit (pardon the pun) considering 20+ is considered reckless in VA.

But the way, I WOULD definitely hire an attorney for this. Reckless in a misdemeanor in VA, is it NOT?

 

[I_Got_Banned]

Depends on how the statute is actually written,

As you may have guessed, it is actually pretty lacking in detail and very vague...

§ 46.2-852. Reckless driving; general rule.

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.​

§ 46.2-868. Reckless driving; penalties.

A. Every person convicted of reckless driving under the provisions of this article shall be guilty of a Class 1 misdemeanor.​

​

 

[HighwayMan]

Most reckless driving statutes are vague.

So how do they get 20 over the limit as being reckless? It's not specified in the statute, unless there is a speeding section which specifies it.

It would help if the OP would reply with the actual statute he was cited for.

 

[reckless?]

Again, I appreciate the thought/time being put into this by you guys, the actual statute is apparently 46.2-862.

I actually was not one of fastest people on the road, and happened to be in one of the middle lanes as opposed to the far left lane, but just apparently was lucky enough to be in front of the state trooper who was waiting for whoever to hit the lucky number of 76 mph.

I know that there's no way that I'm getting out of the speeding charge; I'm hoping to plea down out of the reckless range, as it is a misdemeanor as was pointed out. I'm not so much trying to plea ignorance of the law, as much as ignorance of my behavior. I cannot defend my speeding, but, to my knowledge, I was not driving recklessly...not because I didn't know the law, but because of the lack of accuracy of my car's instruments.

Or am I just grasping at straws?

 

[Zigner]

Again, I appreciate the thought/time being put into this by you guys, the actual statute is apparently 46.2-862.

I actually was not one of fastest people on the road, and happened to be in one of the middle lanes as opposed to the far left lane, but just apparently was lucky enough to be in front of the state trooper who was waiting for whoever to hit the lucky number of 76 mph.

I know that there's no way that I'm getting out of the speeding charge; I'm hoping to plea down out of the reckless range, as it is a misdemeanor as was pointed out. I'm not so much trying to plea ignorance of the law, as much as ignorance of my behavior. I cannot defend my speeding, but, to my knowledge, I was not driving recklessly...not because I didn't know the law, but because of the lack of accuracy of my car's instruments.

Or am I just grasping at straws?

You're grasping at straws if you think "I meant to stay just UNDER the speed that would get me in big trouble..." is going to help.

 

[I_Got_Banned]

So how do they get 20 over the limit as being reckless? It's not specified in the statute, unless there is a speeding section which specifies it.

§ 46.2-862. Exceeding speed limit.

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.​

 

[HighwayMan]

Well, the issue isn't so much the difference between 74 and 76 mph, but between 55 and 76 mph. Most people who have been driving a while can tell the difference without a speedometer. I don't mean to the exact mile per hour, but they know that they are significantly over 55.

 

[HighwayMan]

§ 46.2-862. Exceeding speed limit.

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.​

Well, that's pretty explicit and clear cut!

Might be worth talking to an attorney about.

 

[I_Got_Banned]

I know that there's no way that I'm getting out of the speeding charge; I'm hoping to plea down out of the reckless range, as it is a misdemeanor as was pointed out. I'm not so much trying to plea ignorance of the law, as much as ignorance of my behavior. I cannot defend my speeding, but, to my knowledge, I was not driving recklessly...not because I didn't know the law, but because of the lack of accuracy of my car's instruments.

Rather than arguing about the accuracy of your instruments, I would question the accuracy of the officer's pace. I'm not sure whether requesting calibration certificates of the officer's speedometer is a viable option in VA but here are my thoughts regarding your case.

Let's assume that the officer's speedometer (like yours) is off by 1 or 2mph (and despite the fact that they are routinely calibrated and checked, there's a chance it maybe off)... By you bringing that up, might suggest that his estimate of your speed at 76mph is erroneous or questionable at best. It could possibly have been 74mph if that afore mentioned error rate is documented on a calibration certificate.

So by you raising doubt as to the accuracy of the 76mph measurement, not only do you have a chance at having the reckless charge dismissed (since the statute that you were cited with is charging you with reckless driving ~in excess of 20mph threshold thereby deeming it "reckless"~), you get the whole thing to go away. Meaning you were not charged with speeding and reckless driving... You were only charged with reckless driving. Poke a hole in the 21mph measurment, and assuming that the argument raises some "reasonable doubt" then the single charge of violating 46.2-862 should be dismissed.

I hope that makes sense.

 

[I_Got_Banned]

Well, the issue isn't so much the difference between 74 and 76 mph, but between 55 and 76 mph.

I disagree... The OP was not charged with exceeding the posted speed limit. He was charged with driving in excess of 20mph over the limit. See my previous post.