Speeding Virginia Beach 65/45 46.2-862

[Lghtcrasha]

Virginia

Hello,


I reside in Virginia Beach & was stopped on London Bridge Road doing 65/45 in the left lane. I made a right hand turn onto London Bridge from Dam Neck Road. A car was following closely behind me. I switched to the left lane to pass, in doing so I accelarated to 64. I explained to the officer exactly why I accelerated (he said there was no car behind me) The car had made a right hand turn into a neighboorhood; so of course there was no car behind me. I realized on my ticket that he wrote 65/45, but I did not want to question him. I did not want to appear uncooperative.


I checked the Virginia Case System regarding the pending case. This is what I found-

Charge: RD-SP 64/45 Code Section: C.46.2-862

How can I have this changed? Will the judges only go by the ticket?

I don't have money for a lawyer, but can I try to obtain public defender before my court date?


Just a bit of advice please. If you live in Virginia Beach, then you know how it is around here.



Thanks

 

[occharge]

Just to clarify, you're trying to change the 65 in 45 to 64 in 45?

 

[Lghtcrasha]

Yes, change 65/45 to 64/45.

Isn't 20+ over the limit reckless driving?

So 19 & under is JUST speeding, right?

 

[occharge]

.... and when you accelerated to pass, you're certain that you only got up to 64... You never hit 65?

 

[occharge]

Charge: RD-SP 64/45 Code Section: C.46.2-862

Was that ^ "64/45" a typo that you made?

How can I have this changed?

My understanding is that a C.46.2-862 is "Reckless Driving" versus the C.46.2-870 which is just plain speeding so changing the code that you're charged with can only be done in court...

Will the judges only go by the ticket?

My guess is that the judge will have both, the citation as well as a printed document showing what the speed is and what you are being charged with, both of which will show the C.46.2-862 so it makes no difference which one the judge sees first. Both will point to a "misdemeanor" charge of reckless driving versus an citation for just speeding.

I don't have money for a lawyer, but can I try to obtain public defender before my court date?

Sounds like a great idea. Check the court's website. There should be some info about legal assistance & how you could qualify.

Just a bit of advice please. If you live in Virginia Beach, then you know how it is around here.

A fine case of "Practice what you preach"