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  #1  
Old 10-09-2005, 11:56 AM
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Reckless Driving Virginia Court Summons


What is the name of your state? VIRGINIA

Hello all,

I moved to VA one month back and bought my first car. I am also a recent college graduate.

I have been summoned to court in a reckless driving offence. I was going on 80mph on a road with a 45mph speed limit. I realize this is a serious offence and am feeling pretty stupid about it.

Can anyone tell me what to do in this scenario. I have a clean driving record, no other violations and was not quite aware that VA had such strict speed limits. How many points does this mean on my driving record? Do I need a lawyer for the court summons? What would be the best way to deal with this?

Please help. Thanks.
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  #2  
Old 11-06-2005, 02:15 AM
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Join Date: Nov 2005
Posts: 4
I would get a lawyer. Reckless driving is serious charge in VA. At 80 MPH - you may be able to plea it down to improper-driving or simple speeding. But a lawyer would be best suited to do this. Find one near the court house in whatever county this occurred in.

If you are over 85 MPH - my personal experience says that you have no chance for reduction of charge. But at 80 MPH you have some negoc room.

Good luck and please update the forum on the outcome.



Quote:
Originally Posted by sm1981
What is the name of your state? VIRGINIA

Hello all,

I moved to VA one month back and bought my first car. I am also a recent college graduate.

I have been summoned to court in a reckless driving offence. I was going on 80mph on a road with a 45mph speed limit. I realize this is a serious offence and am feeling pretty stupid about it.

Can anyone tell me what to do in this scenario. I have a clean driving record, no other violations and was not quite aware that VA had such strict speed limits. How many points does this mean on my driving record? Do I need a lawyer for the court summons? What would be the best way to deal with this?

Please help. Thanks.
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  #3  
Old 11-06-2005, 10:37 AM
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Join Date: Oct 2005
Posts: 984

not sure if it's hopeless


a couple of thoughts:

1) the officer may not show up
2) if he does, you may be able to request continuance during the trial, if you used discovery and prosecutor did not share all documents you requested (like lidar operator manual). Next time cop may not be there
3) therefore - use discovery (look it up on the web, and specifics of VA). Request lidar calibration and testing logs
4) look up speed limit laws, and why this road had 45 mph limit (see other posts on default speed limits). If in fact the speed limit should have been 55 mph, you are in much better shape.
5) what about judicial notice for lidar? See if this court has ever taken one

and so on...

Using a lawyer is not likely to get you that far, not for a few hundred bucks anyway. Last time I used a lawyer I completely wasted money and was found guilty - got it reversed myself on appeal. Sorry if I offended anyone here with that comment, nothing personal, just fact of life. Good lawyers cost lots of money and are hard to find, and especially are rare in this field of law.

Hope you learned your lesson to slow down, though.

Last edited by sukharev; 11-06-2005 at 10:40 AM.
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