My 2nd 'reckless' tkt in VA, jail time?

[timetoslowdown]

What is the name of your state? VA

After all the crap I had to deal with last year when I got pulled over on 495 doing 85 in a 50, I vowed I would never go 20 over the limit again. And for a year, I did really well at paying close attention to my speedometer.

Then on Sunday, outside Lexington, VA, I got pulled over for going 22 over - 77/55. Another reckless tkt. I've already dealt with the initial bout of depression and self-criticism and I just can't beat myself up anymore. 22 over is a major improvement on 35 over. So at least I know I tried.....

I'm thankful I wasn't in Fairfax County again, cuz I've heard they're harder than almost anyone in the country....

A couple concerns; now I have a record with reckless. I can't afford another lawyer. So I'm taking a driver improvement course and pleading no contest. I already know my speedometer is off by 3mph (55 = 52, 65=62).

This is a small country county, so I'm just placing myself at the mercy of the court - what are the chances of "jail time"? for 22 over? with a record? with a driver improvement course?What is the name of your state?

[cepe10]

Was it laser? was a distance marked on the ticket? VA has some pretty strict stauatory reqments the LEO has to meet if so and that might be a defense. You also get good points and of course have the traffic school option for more good points in VA...

[timetoslowdown]

It was a statey, so I'm sure it was lazer....just like last time. I'll check the ticket...

I will be taking another traffic course in hopes I can get 3mph knocked off to bring it to "improper driving", but with a reckless conviction already on my record, I'm afraid 2 strikes and I'm out.

But it's a different county, a much smaller county than Fairfax, and it's far from where I live...I hope they just use it as a revenue source and try not to destroy me.

Thanks for the reply.

[xylene]

Originally Posted by timetoslowdown

And for a year, I did really well at paying close attention to my speedometer.

If you need to use your speedometer to judge your speed within THAT broad a range, you need to admit to yourself that:

You have a VERY serious problem with visual perception.

and

You have little to no ability to maintain control over your vehicle.

Your problem is probably based in one or more of these areas:

1) VERY Poor perception, reflexes and motor skills
2) Innattention caused by a serious medical problem (ADD or other psychiatric disorder)
3) A car that is just too much for you to handle. (The reasons people buy such cars are many - insecurity, poor taste, excessively influenced by style, inflated self worth (also a cause of bad driving in general))
4) Inflated self worth - a sense of entitlement or importance
5) General social, pschyological, and physical pathologies.

Good luck.

Voluntarily give up your drivers license for 5 years.

[cepe10]

Laser Speed Traps Fail in Virginia

The current issue of Virginia Lawyers Weekly tells how lawyers in the Northern Virginia area - in particular, my stomping grounds of Fairfax - are successfully chalennging speeding tickets issued using laser speed measurements, also known as LIDAR. [Article for subscribers only]

Virginia law requires that the prosecution prove that a speed measuring device like radar or LIDAR is properly functioning at the time it was used and that it had been properly set up. In practice, courts have required that officers testify that they performed the internal circuit test and the tuning-fork test at the beginning and end of each shift. In addition, the prosecution must introduce an original or "true copy" of a certificate that the tuning forks accurately reproduce the wavelength required to conduct the test. If they fail to do so, the case will be dismissed for lack of evidence.

To defend clients nabbed by LIDAR, lawyers are focusing on legal flaws in the calibration of the devices.

The two-tiered argument goes like this: First, they argue that the Virginia Code doesn't provide for a hearsay exception allowing for the introduction of calibration documents for the laser devices.

And if the documents survive that first assault, then they point to the fact that the manufacturers of the LIDAR device won't warrant the calibration of their own products.

The statute in question, Va. Code Sect. 46.2-822, allows for the admissibility of certain certificates which would otherwise be inadmissible hearsay:

In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of the speedometer of any vehicle or of any tuning fork employed in calibrating or testing the device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months.

Apparently, the LIDAR certificates are neither speedomoter certificates nor are they tuning fork certificates. Therefore, they do not fall within the class of evidence admitted under the statute. Also, since the manufacturers apparently refuse to warrant the accuracy of their own calibrations, the evidentiary value of these certificates, even if they were admissible, is pretty slim.

Look for the Virginia legislature to change the statute and allow LIDAR calibration certificates in; but don't expect that LIDAR evidence will be worth much even if admitted.

[timetoslowdown]

Originally Posted by xylene

If you need to use your speedometer to judge your speed within THAT broad a range, you need to admit to yourself that:

You have a VERY serious problem with visual perception.

and

You have little to no ability to maintain control over your vehicle.

Your problem is probably based in one or more of these areas:

1) VERY Poor perception, reflexes and motor skills
2) Innattention caused by a serious medical problem (ADD or other psychiatric disorder)
3) A car that is just too much for you to handle. (The reasons people buy such cars are many - insecurity, poor taste, excessively influenced by style, inflated self worth (also a cause of bad driving in general))
4) Inflated self worth - a sense of entitlement or importance
5) General social, pschyological, and physical pathologies.

Good luck.

Voluntarily give up your drivers license for 5 years.

Um, no. I am not a reckless driver, I've never been in a car accident, I don't have poor motor skills, I don't have ADD,, I don't have an ego, or inflated self-worth, or whatever else you were blathering about. It's a car that can easily sustain those speeds without any danger to anyone, not that anyone was even around on this back country highway.

I was in a hurry and I thought the speed limit was 65 as it had been all damn weekend out there. But not on 11. It was 55. It was a 4 lane divided highway, clear and my GF and I were navigating via roadmaps where a friggin hotel was cuz we were running out of time.

This is just a case of bad luck. People were PASSING me 10 minutes prior.

I wanted advice, not jackassery.

Anyways, I am hiring a lawyer. But I can't find any for Rockbridge County, VA.

I also got rid of the car I was driving. Bad luck charm.

[trieroffact]

Originally Posted by timetoslowdown

I wanted advice, not jackassery.

Well said.

Try the surrounding counties or the state bar legal refferal service for a good traffic lawyer...

[timetoslowdown]

Thanks.

I found the listings for Lexington on Google. Plenty of lawyers, time to start calling.

I just signed up for driver's class too.

I'm going in with positive thoughts. It's NOT Fairfax *wipes brow. It wasn't a construction zone (like last time). I wasn't over 80. I'm not from the area and Route 29 all the way down was 65. Silly me.

Anyway, of all the people I see blowing by me, tailing me, giving me dirty looks as they race past me - when I'm already 10 over - on a daily basis here on 495, 66, 395 and even 123, I can't believe I am the one getting pulled over again. I drive damn slow in comparison to the average in NOVA. One slip up and I'm nailed, ugh.

I believe in Karma, I've gotten away with some stupid stuff in the past....but I just hope this puts the stop on it.

[trieroffact]

Originally Posted by timetoslowdown

Anyway, of all the people I see blowing by me, tailing me, giving me dirty looks as they race past me - when I'm already 10 over - on a daily basis here on 495, 66, 395 and even 123, I can't believe I am the one getting pulled over again. I drive damn slow in comparison to the average in NOVA. One slip up and I'm nailed, ugh.

Exactly that is because the posted limit is nearly always 10-15 mph below the 85% speed and traveling under the posted speed is inherently dangerous. And as we all know, enforcement is arbitrary and capricious at best.

See this great site for driving tactics to avoid the harrassment (especially in the MD, VA type of states where you really need to be ready for it).

[url]http://www.geocities.com/speeding_ticket_info/[/url]

The "how not to get caught speeding" chapter is great along with the defensive driving chapters -

stealth - do not be in front and alone - don't be hung out in the fast lane...use a rabbit up ahead to alert you, etc.

Why do you think everyone slows down now in MD, VA, etc. when they are out in front and in the fast lane....because even though they are doing the right thing and making a pass in a minimal distance and thus minimizing the time in the "no" zone... LEO's will nail you for it...

maintaining escape routes and sphere of influence...is also very good to go over and practice.

[trieroffact]

Originally Posted by timetoslowdown

I also got rid of the car I was driving. Bad luck charm.

Out of curiosity was it light in color or have big front headlamps and a front licence plate?? these cars are much easier to get a laser lock on and thus I believe get more tickets in the area - laser veil is good for this...

[timetoslowdown]

Originally Posted by trieroffact

Out of curiosity was it light in color or have big front headlamps and a front licence plate?? these cars are much easier to get a laser lock on and thus I believe get more tickets in the area - laser veil is good for this...

It was a bright white SUV. Easy to target, easy to see. Also a V6 but a smaller body, which made it too easy to go fast and not notice.

no special headlights but yeah, big white license plate on the front. and on my first tkt, I was the lead runner in a pack I usually use a linebacker/tail another speeder IF I'm in a rush to get off the highway.

I traded in for a 4-cyl 4 sedan - silver. not much better, but at least I can gauge my speed better and not blow off 75 without "feeling" it.

[timetoslowdown]

Update:

I didn't go to court and I got it reduced to a normal speeding tkt, which I could care less about!

Merry Christmas!!