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12-12-2007, 12:02 PM
| | Junior Member | | Join Date: Dec 2007
Posts: 5
| |  "Reckless driving" in Virginia: 79mph on 55mph highway
What is the name of your state? Virginia.
I have a question. First, where to find the full Vehicle code for Virginia, and any additional laws and regulations in such jurisdictions as Arlington, Fairfax, etc., in Northern Virginia?
Second, I was cited for supposed "reckless driving" under Code Section: C.46.2-862 of allegedly doing 79mph on 55mph. The officer said he got me on his radar. The problem with this, is that I was *behind* the state trooper at all times (he was always ahead), and I was switching 2 lanes from right to left, and then back to get to my exit (where he stopped me). Moreover, the speed of 79mph seems highly unlikely for my large truck - it seems to me like the officer's radar captured someone else (like the red Porsche 911 that I was trying to overpass in order to take my exit). In any case, there were plenty of cars on the highway (thus, the traffic conditions were medium to heavy), thus making it hard to drive "recklessly" or fast, especially for a truck, and the trooper's radar's aim must have been extremely imprecise in a moving police car (at at least 55mph traffic) covering at least three lanes (hence, must have been a K or X band, doubtful that could have been Ka).
Hence, my question is: what is my best defense(s) again what I genuinely believe is flawed. Although I don't deny that I might have been driving over 55mph, it could not have been over 70mph, and even that only when trying to not skip my exit by passing a red Porsche that blocked me on the right.
Third, can a "change of venue" be requested, to move the hearings to a different court, closer to me?
How about a "trial by declaration", is that envisioned in Virginia traffic law? Thank you.
Last edited by audil; 12-12-2007 at 12:03 PM.
Reason: fix 2 spelling mistakes
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12-12-2007, 12:08 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 13,357
| | Quote:
Originally Posted by audil  Moreover, the speed of 79mph seems highly unlikely for my large truck - it seems to me like the officer's radar captured someone else (like the red Porsche 911 that I was trying to overpass in order to take my exit). | Does anybody else see how ridiculous this statement is? 
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Tell it like it is! |
12-12-2007, 12:19 PM
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| | | that's helpful, thanks for your contribution. |
12-12-2007, 04:27 PM
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Posts: 12,799
| | Quote:
Originally Posted by Zigner Does anybody else see how ridiculous this statement is? | Yes, but you didn't start bolding the ridiculous as early in the post as *I* would have. 
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12-12-2007, 07:06 PM
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Posts: 4,978
| | | Reckkless Driving is a serious charge in Virginia. It's a misdemeanor.
Radar works in both directions. Did he use Radar? The fact that you were gaining on him may have been sufficient to determine your speed. Are you saying that if you PASSED a Porsche, you were somehow going slower?
Virginia laws are here:
http://leg1.state.va.us/000/src.htm
Reckless is a mandatory appearance. There's no "trial by declaration" here anyhow. You either plead guilty and prepay the fine if that is an option offered or you appear before the court. You might be able to plead down to careless driving and take driving school. |
12-13-2007, 10:30 AM
| | Junior Member | | Join Date: Dec 2007
Posts: 5
| | | Thank you FlyingRon, this is exactly a type of response I was looking for. The officer said to me that he got me on "radar" (didn't specify what kind of radar). How reliable would be his reading if: 1) his own car was moving at a speed of at least 55mph, and 2) his radar was aimed at a car behind him, and 3) that car switched two lanes?
I've had a clean record in all the 11 years I've had a driving license. To succeed in reducing or dropping the charges, what should be done aside from: 1) notarized speedometer calibration (testing), 2) pre-testing in a driver education course, 3) getting a certified driving record to show that its clean, and 4) providing a CV/resume emphasizing advanced education, publications, community work, and any other "achievements" and "contributions"?
Any sample letters, outlining points for arguments and defense? |
12-13-2007, 12:30 PM
| | Senior Member | | Join Date: Jan 2005 Location: CO
Posts: 12,799
| | Quote:
Originally Posted by audil and 4) providing a CV/resume emphasizing advanced education, publications, community work, and any other "achievements" and "contributions"? | How would such a *CV/resume* prove you weren't speeding? What does education have to do with following the speed limit... other than the shriekingly obvious answer?
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12-13-2007, 04:02 PM
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Posts: 5
| | | I think all of the things I've outlined are clearly relevant (even if indirectly) and obviously helpful - but it is not easy to explain that to irrational people, whose "advice" boils down to constant demagoguery. If one has nothing of substance to offer, please find yourself a different playground and spare the rest of us who want to have serious and friendly exchange of opinions. |
12-13-2007, 04:06 PM
| | Senior Member | | Join Date: Jan 2005 Location: CO
Posts: 12,799
| | Quote:
Originally Posted by audil I think all of the things I've outlined are clearly relevant (even if indirectly) and obviously helpful - but it is not easy to explain that to irrational people, whose "advice" boils down to constant demagoguery. If one has nothing of substance to offer, please find yourself a different playground and spare the rest of us who want to have serious and friendly exchange of opinions. | Cute! I count at least 3 large words in your post! Impressive!
I see you failed to answer my basic question, however.
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"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." Ford, at The Other Place |
12-13-2007, 04:14 PM
| | Member | | Join Date: Jan 2006
Posts: 233
| |
Quote:
Originally Posted by audil I think all of the things I've outlined are clearly relevant (even if indirectly) and obviously helpful - but it is not easy to explain that to irrational people, whose "advice" boils down to constant demagoguery. If one has nothing of substance to offer, please find yourself a different playground and spare the rest of us who want to have serious and friendly exchange of opinions. | When you post in a public forum, you don't get to choose the responses. |
12-13-2007, 04:22 PM
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Posts: 5
| |
Quote:
Originally Posted by patstew When you post in a public forum, you don't get to choose the responses. | right, it's more fun to read serious and educated responses, intermixed with one's from people who can count to at least 3, possibly 4, maybe 5.  What's mildly disturbing is how they don't even comprehend how silly they sound. That's what happens to anyone, who questions the importance of (advanced) education in any sphere of life. |
12-13-2007, 04:23 PM
| | Senior Member | | Join Date: Jan 2005 Location: CO
Posts: 12,799
| | | Since I *know* you can, indeed, read:
How would such a *CV/resume* prove you weren't speeding? What does education have to do with following the speed limit...other than the shriekingly obvious answer?
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"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." Ford, at The Other Place |
12-13-2007, 06:32 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 4,978
| | Quote:
Originally Posted by audil I've had a clean record in all the 11 years I've had a driving license. To succeed in reducing or dropping the charges, what should be done aside from: 1) notarized speedometer calibration (testing) | You can try that, but it's not really a defense and many judges won't here it, especially in the 20-over case. Quote: |
, 2) pre-testing in a driver education course,
| Pre-testing? Quote: |
3) getting a certified driving record to show that its clean,
| Unnecessary, the court can order up your record in a few minutes if they chose not to believe your statement that you're +5. Quote: |
and 4) providing a CV/resume emphasizing advanced education, publications, community work, and any other "achievements" and "contributions"?
| That won't get you out of a conviction. It might mitigate the sanctions, but I've seen well educated, upstanding, guys get 60 days - suspended to 8 on RD convictions.
You need a lawyer who is familiar with the specific court that you are going to appear in. God help you if you are in Fairfax or Loudoun.  | |
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