Speeding in Va...

[xoxoPixiexoxo]

What is the name of your state?What is the name of your state?What is the name of your state? Va
Hi all. This is my first time to your site and it has been very informative. I would to thank those in advance that help me out as well as apologize because it is a bit long. I have a few questions about what I should do...
I got my first speeding ticket in January, an officer clocked me on radar going 36 in a 25. It is indicated that he used radar, and that comment is followed by something that looks like a little arrow pointing downwards and the number 45 is circled. Also, in the corner, is the date April 04, 05 - what are these comments exactly?
About 5 years ago, I was stopped for wreckless driving, which I was not convicted of since the officer didn't show up for court 2 times and the case was dismissed. At the time, my DMV record stated that I had +6 points on my license. Should I be worried about my insurance rates and my driving record?
Should I go to court or send my payment in? After observing court for the reckless driving charge as well as attending court with others, I have seen many judges reduce the fines. I have to pay $54 in court fees, so I figure I might as well show up and get my money's worth {grin.} At worst, I have to pay $112, at best, I may be able to get it reduced by maybe $10-$20 which isn't too much to a lot of people but for me it is...
I have yet to recieve a copy of the summons in the mail and it is 10 days to court. My address is correct on both the summons and my license...Does this matter? The reason I ask is because my signature is not present anywhere on my copy, but I know it is on the officer's. He apparently tore off my copy before I signed. Does this make a difference?
Also, if I do go to court, should I plead guilty or no contest? Should I try to discredit the officer by asking questions such as the color of my car or what I was wearing, make him search his memory for me? I just don't know what to do! I know a speeding ticket is not the end of the world, but I am still upset with myself for getting one. Any advice?

 

[seniorjudge]

Q: It is indicated that he used radar, and that comment is followed by something that looks like a little arrow pointing downwards and the number 45 is circled. Also, in the corner, is the date April 04, 05 - what are these comments exactly?

A: I don't know the answer to that one.


Q: Should I be worried about my insurance rates and my driving record?

A: You should be concerned if you have points on your license now.


Q: Should I go to court or send my payment in?

A: If you want a diversion, that is a nonmoving violation or a moving violation with fewer points, you need to go to court. Ask the clerk when you get there who you talk to about diversions. You will likely pay more, but it will be worth it because you will be getting no or fewer points.


Q: I have yet to recieve a copy of the summons in the mail and it is 10 days to court. My address is correct on both the summons and my license...Does this matter?

A: It is up to you to show up on court on time. Call the clerk if you are unsure when you are supposed to be there. Don't fail to appear or the prosecutor could become disinterested in working with you, not to mention the warrant for your arrest the judge will issue.


Q: The reason I ask is because my signature is not present anywhere on my copy, but I know it is on the officer's. He apparently tore off my copy before I signed. Does this make a difference?

A: No.


Q: Also, if I do go to court, should I plead guilty or no contest?

A: See above.


Q: Should I try to discredit the officer by asking questions such as the color of my car or what I was wearing, make him search his memory for me?

A: The officer will have notes; this rarely, if ever, works.

 

[xoxoPixiexoxo]

Another question...

I have read that an officer may use the summons to refresh his memory, but may not rely on them for his full and truthful testimony - that he has to use his memory to prove beyond a reasonable doubt that you are guilty, is this true? And how many points is a speeding ticket worth for being 11 mph over the limit. If I have at least +6, will it ruin me?

 

[seniorjudge]

Q: I have read that an officer may use the summons to refresh his memory, but may not rely on them for his full and truthful testimony - that he has to use his memory to prove beyond a reasonable doubt that you are guilty, is this true?

A: Re-read your own question. Now how in the world would a rule like that work? I'm not even sure what it means.


Q: And how many points is a speeding ticket worth for being 11 mph over the limit. If I have at least +6, will it ruin me?

A: Call the licensing agency of your state and ask them. I don't know the answer to that one!

 

[xoxoPixiexoxo]

...

The thing about the testimony being from memory came from this passage I read on a site about objections...

"Here are some of the objections that you may come across in a typical trial.

OBJECTION, INDEPENDENT RECOLLECTION When the officer begins his testimony, more than likely he's going to read from the copy of his citation. You should immediately object to this since the officer is required to testify from independent recollection. You should also ask to see what the officer is referring to even though you have received a copy of the citation through subpoena. More than likely the Judge will allow the officer to use his notes to refresh his memory, if the officer indicates to the court that he requires the notes to testify properly. This starts everything for dismissal because the sixth amendment to the Constitution guarantees you the right to be confronted with the witnesses against you. In this case, the officer and his testimony, not the citation, are the witnesses against you. If the officer can not recollect the circumstances of your ticket, he may be consider incompetent to testify. You have to prove that the officer is unable to testify without his notes to make him an incompetent witness. If the back of the citation and the officer's notes signifies SB 124, then all he can testify to is SB 124, not Southbound on highway 124. As you'll soon see the notes on the back on the officers citation can hurt the officers' testimony and help you greatly."

Could this really work or is it BS?

 

[seniorjudge]

The thing about the testimony being from memory came from this passage I read on a site about objections...

"Here are some of the objections that you may come across in a typical trial.

OBJECTION, INDEPENDENT RECOLLECTION When the officer begins his testimony, more than likely he's going to read from the copy of his citation. You should immediately object to this since the officer is required to testify from independent recollection. You should also ask to see what the officer is referring to even though you have received a copy of the citation through subpoena. More than likely the Judge will allow the officer to use his notes to refresh his memory, if the officer indicates to the court that he requires the notes to testify properly. This starts everything for dismissal because the sixth amendment to the Constitution guarantees you the right to be confronted with the witnesses against you. In this case, the officer and his testimony, not the citation, are the witnesses against you. If the officer can not recollect the circumstances of your ticket, he may be consider incompetent to testify. You have to prove that the officer is unable to testify without his notes to make him an incompetent witness. If the back of the citation and the officer's notes signifies SB 124, then all he can testify to is SB 124, not Southbound on highway 124. As you'll soon see the notes on the back on the officers citation can hurt the officers' testimony and help you greatly."

Could this really work or is it BS?

Whoever wrote this has no knowledge of the law of evidence.

 

[fedcop110]

NO...a speeding ticket for eleven over the limit will not ruin you. Especially with a +6 point balance. The DMV assesses points as determined by the severity of the offense.

Four Point Violations

The number of years that the conviction stays on your DMV record is in parentheses beside each violation. An asterisk (*) indicates that the conviction remains on your record permanently. Demerit points will also be assigned to your record for traffic convictions incurred in other states.

The violations listed may change without prior notice.

Reckless Driving/Speeding


Reckless driving - failure to stop before entering a highway (11 years)
Speeding (5 years)
Speeding 10-14 mph above the posted speed limit (5 years)
Speeding 15-19 mph above the posted speed limit (5 years)
Speeding 10-19 mph above the posted speed limit (5 years)

Passing

Passing when unsafe (3 years)
Passing to the left of approaching vehicle (3 years)
Stopping/Yielding
Failure to drive to the right and stop for police/fire/emergency vehicle (3 years)
Failure to stop for pedestrian with white cane (3 years)
Failure to stop and yield right-of-way (3 years)
Failure to yield right-of-way (3 years)
Failure to yield when turning left (3 years)
Failure to yield to funeral procession (3 years)
Keeping to the Right
Failure to drive on right half of highway or street (3 years)
Failure to keep to the right when crossing an intersection (3 years)
Driving to the left of rotary traffic island (3 years)
Following/Signaling
Following too closely (3 years)
Failure to signal before moving from curb (3 years)
Improper signal (3 years)
Railroad Crossings
Failure to obey railroad crossing signal (3 years)
Failure to stop at railroad grade crossing (3 years)
Failure to keep to the right at a railroad crossing (3 years)
Failure to stop passenger-carrying vehicle at railroad grade crossing (3 years)
Railroad crossing/stopping (3 years)
Improper operation of crawler-type tractor over railroad crossing (3 years)
Railroad Crossings (Commercial Motor Vehicle Drivers)
Failure to slow down/stop at a railroad crossing (*)
Failure to have sufficient space to drive through a railroad crossing (*)
Failure to obey traffic control device or enforcement official at a railroad crossing (*)
Failure to have sufficient undercarriage clearance at a railroad crossing (*)
Other Violations
Operating a motor vehicle while suspended/revoked/restricted with a blood alcohol content of .02% or more (11 years)
Failure to stop at the scene of a crash, unattended property, damage in excess of $500 (11 years)
Failure to stop at the scene of a crash, property damage (3 years)
Emergency vehicle violation - property damage (5 years)
Emergency vehicle violation - injury (5 years)
Aggressive driving (5 years)
Failure to obey traffic signal (3 years)
Failure to obey lane directional signal (3 years)
Failure to obey highway lane markings (3 years)
Improper backing, stopping or turning (3 years)
Driving the wrong way on one-way highway or street (3 years)
Impeding/disrupting funeral procession (3 years)
Disregarding police officer's signal to stop (3 years)
Disregarding crossing guard/officer's signal (3 years)

This information can be found at: http://www.dmv.state.va.us/webdoc/citizen/drivers/points_assess.asp

As for the officer and his testimony. I believe senior judge has answered your question. I suggest you either plead guilty and accept your 4 point violation, attempt to get a defensive driving course that will take care of the demerit points for you, or both. With a +6 you will more than likely be given that option. But questioning the officer's testimony almost never works. I pulled someone over the other day that had a -26 point balance and was still legally driving Good luck.