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Reckless driving (speeding), do I need attorney?

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ukrsindicat

Junior Member
What is the name of your state (only U.S. law)?
Virginia(Greensville)

Ok, right off the bat, I will say that what I did was wrong. I am not looking to be told that I was right.

I was driving late last night. As the fatigue started settling in, I decide to get to the closest exit to rest. I was fighting hard to keep myself up. I was so pre-occupied in keeping myself up, that I failed to pay attention on my speed. I suddenly saw the lights, and looked down to check my speed. Damn! Its 90. I was in 70 zone.

I talked to cop, explained everything above...Still got the ticket for Reckless Driving 90 at 70. The weird thing is that ticket had no fine, but I don't have to appear for court date, if I don't want to.

Questions:
1. I am out of state(Florida), but the violation was in Virginia. Am I facing a more severe measures?
2. What kind of punishment am I facing?
3. I was driving my buddy's car , since he was tired and was sitting next to me. Police officer never asked for his or my insurance information? He only took my license to run it and then gave it back to me. Will the news about my violation make it to my insurance company?
4. While I am know that 90 on 70 is insane, I am just looking at what to do now. Should I hire attorney? I feel like hiring anybody in such "cut dry" case would be a waste of money. They will prob promise me the free walk, but not do much more than explain my punishment and represent me if I will not be able to show up for actual court...Am I wrong?

Once again, I am not looking for a pat on the back or slap on the ass. Just would like to find out where do I go from here.

Any thoughts are welcome!
 


FlyingRon

Senior Member
Your explanation of fatigue does nothing to mitigate the fact you were being reckless.

Believe me THERE will be a fine. If they're allowing you a trial in absentia, then you're extremely lucky. It means that the Commonwealth's attorney has agreed to waive the jail time possibility on this trial. It is still a misdemeanor and will result in a criminal record.

The penalty can be up to $2500 plus costs. You can have your Virginia driving privs suspended (six months if I recall).

You would be well advised to consult a lawyer in the county you were cited in. While it will cost you $400 or so, you might get this reduced to a normal speeding or careless (just an infraction) or perhaps dismissed. This again varies from court to court and with how much over the speed limit you were going. Again a local lawyer will be able to tell you what will fly with that court. The lawyer can enter your appearance (if you take the trial in absentia, they'll just give you the conviction and bill you for the fine/costs).

Virginia is not a "proof of insurance" state, we don't show it at stops (nor are we required to). The state will report the conviction (in fact they even report the arrest) and your insurance company will find out anyhow.
 

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