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Old 04-18-2004, 07:41 PM
jdMD18
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reckless driving in Virginia


What is the name of your state? I'm licensed in MD, ticketed in VA

I was doing 82 in a 65 (anything over 80 is reckless in VA). I've never been to court period before and my parents aren't going to help me. I'm really just looking for second opinions on some questions.

#1) is it true virginia judges have no control over the point system and that is solely up to the DMV

#2) do i have to have a lawyer to speak with a prosecutor about a possible plea bargain

#3) i heard i should ask to see the maintenance record of the radar gun because they have to be calibrated every 6 months or something like that to be valid. also if i wanted to go this route would i have to plead not guilty(i know that question may be a dumb one)

#4) I was wondering, since all states have different point systems, would points in virginia effect a maryland license. In VA anything over 80 is reckless driving, but not so in maryland. I was doing less than 20 mph over and there were no other cars within at least 100 yards of me(except the unmarked cop i didn't see hiding on the service road). in maryland it wouldn't have been considered reckless driving. any ideas on how that would play out?

sorry if i'm asking a lot, i'd really appreciate any help on any one of these topics. thanks peoples
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Old 04-19-2004, 12:10 PM
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"#1) is it true virginia judges have no control over the point system and that is solely up to the DMV"

Actually MD will control the way the ticket shows on your MVR. If Virginia reports it as a reckless then it will be treated the same as a reckless in MD.

"#2) do i have to have a lawyer to speak with a prosecutor about a possible plea bargain"

No. If you show for court you will probably be able to get it reduced to a speeding violation. MD does not assess points for out of state speeding tickets but it may still show on your record for insurance. Check with the MD DMV for verification.

If you cannot appear then you should retain an attorney. Some ADA's will not talk to you about your ticket until your court date. Call your specific court to find out if you can work out a deal prior to your court date.

"#3) i heard i should ask to see the maintenance record of the radar gun because they have to be calibrated every 6 months or something like that to be valid. also if i wanted to go this route would i have to plead not guilty(i know that question may be a dumb one)"

You can go this route and make the judge and officer mad or you can try to work out a lesser violation. Traffic court judges may or may not follow the letter of the law. This defense would be only for someone who knows what they are doing, like an attorney.

"thanks peoples'

You're welcomes
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