Fine almost quadrupled, not reckless!

[fredsterva]

I got pulled for allegedly going 48 in a 35. I was on the road for no more than .2 miles, which is the equivalent of 2 city blocks. The cop testified that he saw me and made a visual estimation of 50 mph before he used laser to confirm. He walked out into the road and stopped traffic in the other direction before stopping me (one lane each way). I brought in diagrams to show that it's almost physically improbable for me to go from 0-50, him to visually sight that, laser sight it, walk out and stop other traffic before stopping me and me, allegedly going 50 mph, stopping without hitting him or screeching my tires. In 0.2 miles.

The judge asked me how fast I was going. I said not 48. He asked me to specify. I told him I drive that road every day and never go above 40-45. At most, I'd possibly have been going 43, 44.

He then congratulated me on reading the points section of the handbook and imposed a $250 fine.

My original ticket fine was $65! Both the $250 and $65 are not including court costs, just the fine. For everyone else who went before me, he asked about their records and if it was clean, he'd dismiss or reduce the charges.

I have been driving in Virginia for 7 years and have never ever gotten a ticket or a warning or anything. This speeding ticket was not for reckless driving. Can he do that? What are my options? Why would he do that?What is the name of your state (only U.S. law)?

 

[JETX]

Can he do that?

Yep.

In Virginia, speeding is considered a traffic infraction punishable by a fine of up to $250 (Va. Code § 46. 2-113). If the violation occurs in a designated school crossing zone the maximum fine is also $250, but the fine assessed is usually more than under normal conditions (Va. Code § 46. 2-873). If speeding occurs in a designated highway work zone or a designated highway safety corridor, the maximum fine is $ 500 (Va. Code § 46. 2-878. 1; 46. 2-947).

Virginia law also provides for a special penalty for speeding that occurs in local areas designated by appropriate signing as residence districts. Speeding in a residence district results in a mandatory $200 fine, no portion of which can be suspended unless the court orders 20 hours of community service (Va. Code § 878. 2). In addition to this fine, municipalities meeting certain criteria can assess a civil penalty of $100 for exceeding the speed limit in a designated residential area by more than a specified amount.

Someone driving (1) 20 miles per hour or more above any posted speed limit, or (2) over 80 miles per hour, regardless of the speed limit, can be charged with reckless driving under Virginia law rather speeding. Reckless driving is a misdemeanor with a penalty of up to $2,500, up to one year imprisonment, or both (Va. Code § 46. 2-862).

What are my options?

Pay it or hire an attorney to see if you have sufficient grounds to appeal.

Why would he do that?

Of course, none of us can tell you WHY someone else does something.

 

[Maestro64]

The problem was, you testified and were found guilt on you own words. At that point it did not mater what the officer said.

It sounds like you presented a good case, but you should not have answered the judges questions since you know you have right to not incriminate yourself.

The only question that had to be answer did the officer actually measured 48 or not and did so in a 1000 ft and if you were going 48 that entire time it would have taken about 14 second to cover that distance, but you were not you started from a stop and considering the average car goes 0 to 60 in about 9 second so 0 to 50 would be about 7 second and to come back to 0 would take another 7 or so. You're correct it could have not been the case the math does not hold up since he would have to visually estimate your speed for at least 2 or 3 second once you got up to full speed. Oh, he might have trying but human are incapable to judge speed when the object is accelerating or decelerating. He would have to wait until you hit a constant speed then do the estimate, then pull up the LIDAR which requires another 1 to 2 of a good return signal to measure a speed. After all this time, you would have been past his point on the road.

Since he use LIDAR you would caught with what is know as slip effect, and the fact he was on the other side of the road when he measured your speed, increase the chance that this did occur since he was off angle to you car and the beam slip up the hood or down the side of the car. It is the mean issue with LIDAR and the number one reason for higher recorded speed. He might have gotten a reading of 48 but is was wrong.

That is all moot at this point since the judge tricked you into revealing you drive on that road at a speed above the speed limit, even though you might not have been speeding this time you told him you are routinely over the limit on that road, so he hit you with the max fine that he could.

 

[Jim_bo]

Maestro,

Excellent post. I agree with everything you said with the slight exception of answering the judge's questions. As I said before, I am not very familiar with VA law (shut up, Zigner), but cases like this have been tried in CA where the judge was found to be overstepping his boudries when asking prosecutorial type questions. Once that occured, it didn't matter what the defendant said, the trial had been tainted. That's why I said that if this were CA, I'd definitely advocate filing an appeal. I recommend the OP look for similar case law in VA and consider filing an appeal.

Between the comments the judge made, to the disregarding of resonable evidence provided by the OP, it appears that the judge was quite biased in his decision. I hope the OP can find sufficient cause to file a successful appeal.

 

[Zigner]

Maestro,

Excellent post. I agree with everything you said with the slight exception of answering the judge's questions. As I said before, I am not very familiar with VA law (shut up, Zigner), but cases like this have been tried in CA

If you cannot (or will not) advise on VA law, then don't post. It's really pretty easy.

 

[Jim_bo]

If you cannot (or will not) advise on VA law, then don't post. It's really pretty easy.

No one really cares what you have to say (especially me), so you should not post. It's really pretty easy.

Anyway... I have hardly EVER seen you use the law to support your obnixious posts.

 

[LSCAP]

Why in the heck did you admit you were speeding. Especially admitting that you usually speed, (break the law.)

You can look at it this way. He was giving you a chance to say you were doing 35 or less. Or… you had a good explanation, but you blew it…By saying you usually break the law.

I’d say the judge “Punished” you for not realizing that you should not think a “little“ over the limit is permissible. It isn’t.

Across the border from you, here in North Cakalacky, (they hate when I say that) Guilty of nine over the limit, doesn’t allow the insurance to raise your rates, while ten does. So if you were here, you would have made sense, pleading to nine or less over the limit.
In Virginia….You were lucky he didn’t put you in jail, if he could have.
I’ve been told they have some really tough judges in VA.

 

[Hey There]

10 Days To File for a New trial

In Virginia

If a driver is convicted in a VA. General District Court

He CAN APPEAL to the CIRCUIT COURT
for a new trial.
but must do so within
10 DAYS from the time of the conviction.

Fnes / costs paid to the court will be refunded and the case will be forwarded to the circuit court.

Information and forms can be obtained from a local court clerk.

For General information on contesting a speeding ticket
Google :Speeding Ticket -- Fighting or Plea Bargaining

Best Regards,
Hey There