Outcome - Fairfax VA, Reckless 87/55

[poeto]

What is the name of your state?What is the name of your state? MD but cited in VA

I just wanted to post my experience here for the record
Before my trial date - I had searched the forum for info on
reckless driving in virgina - and I did not find too many posts on the
outcome of the trials.

I was charged with reckless driving in Fairfax county, Virginia.
Officer used LIDAR (laser) to clock me doing 87 in a 55 on the Dulles
Toll road 267 - classic clear day - late for work scenario.

This is 20 over the limit - and the charge is *automatically* "reckless
driving" in Virginia - which has penalties of jail time, suspended
license and $2500 fine.

I hired a Fairfax lawyer to represent me in court - $850 bucks. He
indicated that reckless driving is serious business in Fairfax - and
reduction of charge is RARE for anything over 85 mph.

My lawyer suggested that I pro-actively take a driver improvement class
and an agressive driving class ($150 total) and that I get my
speedometer checked ($50). I did BOTH of these - and unfortunately, my speedometer was 100% correct. At least I gained a new attitude from the classes.

In Fairfax, only lawyers can meet with the prosecuter - so you will
need a lawyer if you want to try to plea down the charge.

On my trial date, I sat in the courtroom while my lawyer negotiated
outside with the prosecuter.

In the courtroom, I was witness to about 10 other reckless driving
charges for individuals not represented by counsel. All guilty pleas
get called first - to speed up the docket.

All 10 defendents "pleaded guilty with and explanation" and all - because they were clocked over the "magic number" of 85 MPH - were given suspended
licenses. Even if you have an out-of-state license - your right to
drive in Virginia is revoked. Suspensions ranged from 15 days to 90
days.

I overheard from another lawyer that this judge was considered to have
a record of "equally lenient - equally tough" in other words right in
the middle. Part of the game is luck - which judge and prosecuter
you get. This is where a lawyer come in handy - since the lawyers know
the judges - and could file a continuance if you get a hard nose.

Even though I had a "crystal clear" record with ZERO! violations and ZERO!
accidents over the past 10 years plus (I am 40 YO white male) and even with
taking the driving classes - my lawyer was *NOT* successful in pleading
the charge to a lesser charge - since the speed was clocked above 85.
(Also - officer had all paperwork to show that the LIDAR was calibrated etc - so prosecuter has a strong case.) In exchange for a plea of guilty - my lawyer was able to allow me to keep my license (no suspension) and a fine of $250 plus courts cost of $67.

We could have gone for a continuance - to try to get a more lenient
judge next time - but you can also wind up with a stricter judge too.
It is a crap shoot - and I could not afford to lose my driving
privileges. And above 85 MPH in Fairfax - good luck getting a reduction in charge. My lawyer suggested - that I accept the plea - which I did.

Total out of pocket expenses for this exceed $1400. I now have six
points on my license as well as a reckless driving charge and a criminal misdemeanor on my record. I have a Maryland license - so I am not sure exactly how this will appear on my DMV record - although I do expect it to show up. And I do not know how it will affect my insurance premium - but I expect this to sky rocket.

Suffice it to say that I was surprised at the outcome. I was positive
(in my mind) that my lawyer could get me a lesser charge based on my driving record etc - but Fairfax Co. is notorious for being hard on speeders. However, a lawyer was definately worth it - as it allowed me to keep my driving privileges in VA. I could have lost my job if I could not drive.


My lawyer also mentioned - that the magic number of over 90 - gets you
into a heap more trouble. (Another post said "bring a toothbrush to court" - this is true - I saw three people "surrender" as well.)


I hate to say it but I have learned my lesson - and I now use cruise
control to maintain a speed just barely above the speed limit. I am
now with all the grannies in the right hand lane. What


So now - when you blow by all those BMWs doing the limit in the right
hand lane - now you know why.


Again this is for the forum record - but if you are driving in
Virginia - my recommendation is to obey the laws - or at least keep it
below "19 over". I got nabbed on a road that I have driven every day
for the past five years - where I know the location of every speed
trap - and I still got caught due to a lapse of attention. I kick myself thinking about it.

F Fairfax.

Cheers.

[Robbie0723]

Poeto, thanks for taking the time to describe your experience, very well done and you show a lot of class in your attitude.

Call you local DMV to find out what happens when the conviction comes back to Maryland.