Reckless Driving

[plp]

What is the name of your state? VA

I have a court date for going 81mph in a 65mph zone. The only other recent(July of 2005) ticket I've gotten is for an expired county sticker. Before that I've only received 1 ticket and it was in 1991 in CA. Will either of those have a negative impact on me concerning this infraction? I'm taking a voluntary driving course and will bring both it and my driving record with me to the court.

TIA.

C

[seniorjudge]

Originally Posted by plp

What is the name of your state? VA

I have a court date for going 81mph in a 65mph zone. The only other recent(July of 2005) ticket I've gotten is for an expired county sticker. Before that I've only received 1 ticket and it was in 1991 in CA. Will either of those have a negative impact on me concerning this infraction? I'm taking a voluntary driving course and will bring both it and my driving record with me to the court.

TIA.

C

I think you're doing all you can; I can't read the judge's mind so I can't tell you if your priors will have a negative impact but I doubt it. If you plead guilty then the judge usually will not know your sordid past: expired county sticker and such.

[homillerlaw]

In Virginia, 80 in a 65 is not reckless driving, while 81 in a 65 is. For that reason alone, I would suggest getting your speedometer calibrated. A certificate showing error of just one mile per hour will very likely compel the judge to reduce your charge to improper driving or speeding, as opposed to reckless driving. You also want to ensure that the police officer's radar was appropriately calibrated at the time of the stop, and that he has his compliance certificates in court with him. If not, you could use this fact to persuade the judge to reduce the charge as well. Now I dont know what jurisdiction your charge is in, but in my experience, you may very well be able to get the judge to order driving school in return for a reduction (or in some cases) dismissal of the charge. I would suggest contacting a traffic attorney that practices in the jurisdiction you are charged.

[plp]

Originally Posted by homillerlaw

In Virginia, 80 in a 65 is not reckless driving, while 81 in a 65 is. For that reason alone, I would suggest getting your speedometer calibrated. A certificate showing error of just one mile per hour will very likely compel the judge to reduce your charge to improper driving or speeding, as opposed to reckless driving. You also want to ensure that the police officer's radar was appropriately calibrated at the time of the stop, and that he has his compliance certificates in court with him. If not, you could use this fact to persuade the judge to reduce the charge as well. Now I dont know what jurisdiction your charge is in, but in my experience, you may very well be able to get the judge to order driving school in return for a reduction (or in some cases) dismissal of the charge. I would suggest contacting a traffic attorney that practices in the jurisdiction you are charged.

I realize that it's a close call on the actual speed, but I've heard that "arguing" it can be a bad thing. I was speeding and, to be honest, I wouldn't be surprised if I was actually going 81. Is the added expense worth the outcome? I'm not a habitual speeder and I have +1 points on my driving record. With the driving course, I'll have +6. Any knowledge of the differences and the consequences(driving record, insurance, etc.) would be appreciated

TIA.

C

[cranger]

What county in VA? If Fairfax, they will almost certainly NOT reduce the reckless charge unless you have an attorney involved or have some valid defense against the actual charge. And you don't want a misdemeanor on your record! It'll haunt you for a long, long time. With your pretty clean record and barely into the reckless range, I'd say it's almost a sure thing to get the charge reduced. It's just gonna cost you some for an attorney... But, it'll save you more (much more) in the long run.

Chris

[plp]

It was down in Sussex county. Also, I can not afford an attorney by any stretch of my budget.

[lwpat]

Then buy a bus pass because you will not be able to afford the insurance when you have a reckless on your record.

[plp]

Went to court for the ticket and I was very lucky. I got off with defective equipment and no reckless. I paid court costs and a fine and walked out of there with nothing bad on my driving record. I did lose a day of work though, so it was more money, but no adverse on my insurance.

Thanks for the information.