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  #1  
Old 09-20-2005, 04:11 PM
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Reckless driving in VA 87/65- COURT OUTCOME


What is the name of your state?What is the name of your state? live in KY

IN VIRGINIA, I recently received a reckless driving driving 87/65 (speeding) ticket on my way back from vacation in July. I just went to court for it this morning and for those interested here was the outcome.

It was worth the 4 hour drive. I went without an attorney to Alleghany district court in Covington, VA and went before Judge Mooney. When asked how I plea, I entered a plea of "no contest" for the charge. I took a copy of my driving record from teh DMV, which they WILL already have a copy of...so BE HONEST!!! I have had no other violations in over 10 years. The judge then asked if I had any questions for officer Norfleet. I stated that I had none. He then asked me if I had any questions or comments for him. I stated that I realized that I made a mistake and was exceeding the speed limit, but given my past 17 year history of driving, I asked that the court have leniency on me in sentencing. The judge then asked if I had ever been to driving scool. I replied "no your honor". He asked if I would be willing to attend. I replied "yes your honor". He then reduced my reckless driving ticket to a 79/65 SPEEDING ticket and fined me $100 + court cost of $56. I have to show proof of driving school within 3 months. I feel very fortunate. Had I received a prepayable speeding ticket, the prepayment amount would have been much greater than the amount I ended up paying.

Another lady who was going 91/65 in same spot (mile marker 37.5 on I-64W in Alleghany county) plead no contest but had some BIG story and he only fined her $50 + court cost, but did not reduce it to speeding - reckless driving in VA is a class 1 misdemeanor!!! He also suspended her driving privileges in VA for 6 months.

POINT IS.... if you have a decent driving record there is no sense in hiring an attorney. Just go to court, plead guilty or no contest and ask the judge to consider your driving record and have leniency.
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Old 09-20-2005, 05:47 PM
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Thanks for the update. Unfortunately most of the people caught speeding in VA don't have a clean driving record. As you mentioned, speeding in VA is a serious offense and a real money maker.
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Old 09-21-2005, 07:28 PM
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KYBlue,

I just noticed your response to my message today. I am sorry I was not able to give you any advice. I hired a lawyer and my case was continued. I have the same Judge that you have. What kind of traffic school did he ask you to attend? Was it online or were you supposed to go to a "live" traffic school? Any extra advice would greatly help me out. Thank you so much.
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Old 09-22-2005, 11:32 PM
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Quote:
Originally Posted by blizzardjd
KYBlue,

What kind of traffic school did he ask you to attend? Was it online or were you supposed to go to a "live" traffic school? Any extra advice would greatly help me out. Thank you so much.
The type was not specified, I am probably going to do online. All I have to do is make certain that it is accepted by VA DMV, and I have to fax or mail them a copy.

I would also get a copy of my driving record from the DMV and be aware of what will or will not be on it. Typically it only shows the last 3 years and only what is in your home state, unless out-of-state info was shared with your DMV.

If it shows clean, I would try what I did. If you go ahead and take traffic school you can present the certificate to the judge when you go before him. Judge Mooney seemed like a fair judge. I got there early for my court time and went on into the room. He heard the few cases that involved attnys and then went in alphabetical order, point is if you are given a chance to go before him early on, it may be to your benefit. As the day goes on the stories get tiresome and the sentencing sometimes gets more strict.
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Old 09-23-2005, 09:55 AM
caedo
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Sorry if this is a stupid question, but "no contest" is the same thing as "not guilty"?
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Old 09-23-2005, 11:14 AM
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Quote:
Originally Posted by caedo
Sorry if this is a stupid question, but "no contest" is the same thing as "not guilty"?
A "No Contest" plea means you're not contesting the facts of the case. In other words, you accept a Guilty finding.

One of the various advantages to a "No Contest" plea would be in an accident related case. Such a plea could not later be used against you in a related civil lawsuit.
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Old 09-23-2005, 02:20 PM
caedo
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Thanks a bunch
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  #8  
Old 09-23-2005, 06:19 PM
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Quote:
POINT IS.... if you have a decent driving record there is no sense in hiring an attorney. Just go to court, plead guilty or no contest and ask the judge to consider your driving record and have leniency.
It's good you were able to get yourself a reduction but ther are many messages here where people using a lawyer did better and saved much more money in the long run on their insurance.
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