Reckless driving Ticket in Virginia - Out of state ticket

[Sinvicta]

What is the name of your state? Texas

About a week ago I got pulled over in rural Virginia for doing 81 in a 65. Apparently, according to Virginia law, going more than 15 mph over the speed limit is considered reckless driving.

To be honest, I probably was speeding at least a little bit. I'd been driving for almost 8 hours in a rental vehicle, was dozing off a bit, and anyways I'm used to the TX speed limit (70 mph). But accusing me of 81 mph is suspicious... it was the bare minimum to give me a reckless driving ticket.

So anyways, I have a few questions and would much appreciate any advice.

1- Is there any provision in Virginia law that lets me get out of this by taking driver safety?

2- Is reckless driving a misdemeanor? i.e. is it a criminal charge?

3- What should I do? I just graduated from college (no money), and am applying for a Officer position in the Armed Forces and need to keep a clean record. I've never had a ticket before.What is the name of your state?

[colourfastt]

Originally Posted by Sinvicta

What is the name of your state? Texas

About a week ago I got pulled over in rural Virginia for doing 81 in a 65. Apparently, according to Virginia law, going more than 15 mph over the speed limit is considered reckless driving.

To be honest, I probably was speeding at least a little bit. I'd been driving for almost 8 hours in a rental vehicle, was dozing off a bit, and anyways I'm used to the TX speed limit (70 mph). But accusing me of 81 mph is suspicious... it was the bare minimum to give me a reckless driving ticket.

So anyways, I have a few questions and would much appreciate any advice.

1- Is there any provision in Virginia law that lets me get out of this by taking driver safety?

2- Is reckless driving a misdemeanor? i.e. is it a criminal charge?

3- What should I do? I just graduated from college (no money), and am applying for a Officer position in the Armed Forces and need to keep a clean record. I've never had a ticket before.What is the name of your state?

I am not aware of any mitigation courses available in VA for a reckless ticket. However court appearance is mandatory. The fine can be up to $1000 in the sole discretion of the judge.

[moburkes]

And, if you were dozing while driving, then you WERE driving recklessly!

[FlyingRon]

Originally Posted by Sinvicta

What is the name of your state? Texas

About a week ago I got pulled over in rural Virginia for doing 81 in a 65. Apparently, according to Virginia law, going more than 15 mph over the speed limit is considered reckless driving.

It's 20 over or in excess of 80 MPH. However since your close to 80 (and not 20 over) you might be able to get this one reduced.

To be honest, I probably was speeding at least a little bit. I'd been driving for almost 8 hours in a rental vehicle, was dozing off a bit, and anyways I'm used to the TX speed limit (70 mph). But accusing me of 81 mph is suspicious

You will get nowhere with that argument in court.

1- Is there any provision in Virginia law that lets me get out of this by taking driver safety?

I don't know how they handle out of staters. If you have a Virginia license and your record is clean they will let you plea a reckless down to a lesser charge if you also take one day (can even be done online for many courts) driver improvement course.

Frankly, I'd contact the commonwealth's attorney and ask. See if they'll rewrite it before the court date.

2- Is reckless driving a misdemeanor? i.e. is it a criminal charge?

Absolutely...and if you were racing or going over 90 or so, you can almost count on a few days in jail in many jurisdictions here.

3- What should I do? I just graduated from college (no money), and am applying for a Officer position in the Armed Forces and need to keep a clean record. I've never had a ticket before.What is the name of your state?

Get a Virginia lawyer specializing in traffic. I think you have a good case to get this reduced to a lesser charge either outright or via the driver school route (but you don't want to just show up cold for your court date and try to arrange this).

[lwpat]

Call the clerk of court and talk to her. Some judges in VA will work with you and reduce it to an "improper driving" ticket if you write a letter and send in a certified copy of your driving record. If not, you need to plan on returning to court or retaining an attorney. Depending on the county it will run you between 300 and 1500 for the attorney and 300 to 900 for the fine. Take enough cash with you to pay the fine. If you need more time, you can usually get one continuance.

[Sinvicta]

I called the court clerk today, and she told me to write a letter, and that since I was only a 1 mph away from a normal speeding ticket, the judge would probably agree to let me plead guilty to a 'normal' non-criminal speeding ticket.

Nevertheless... I think I am going to hire a lawyer. I'm just too nervous that the judge will throw out my letter without reading it.

If anyone knows of a good lawyer in Rockbridge county (Lexington area) please let me know!

And thanks for everyones advice, its been very helpful.

[lwpat]

I wouldn't spend money on an attorney. The clerk has indicated what the judge will do. Send in the letter and see what happens. Ask for a reduction to either improper driving or speeding less than 10mph over the limit and request a reply with the fine amount prior to your court date. Send the letter CRR. If you don't hear from them call and check. If they have not done anything, request a continuance.