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  #1  
Old 05-25-2009, 11:12 PM
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From TN speeding in VA questions


What is the name of your state (only U.S. law)? TN

I received a speeding ticket in VA for 86 in a 65 (auto reckless driving for anything over 80). It states that court is mandatory and that fines can range from $750 to $3000 up to 12 months in jail and 6 points on my license.

My questions.

Is there a way to not have to go to court (500 miles away) and do it over the phone or by mail?

What am I realistically looking at for fines?

Do points transfer from VA to TN?

Can a lawyer help get this ridiculous charge lowered?
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  #2  
Old 05-26-2009, 08:05 AM
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The procedure depends highly on which court you are supposed to appear in. Most of the "Interstate speed trap" areas do allow trial in absentia even though the charge is a mandatory appearance. Some even give you this information when they hand out the ticket (have a nice day).

First thing is to call the court and see if they allow this. For example, in Montgomery County (Christiansburg, I-81) you provide them court all your contact information and after the "trial" you'll get the bill for the fine and costs.

The second option (especially if the first is unavailable), is to call a lawyer in the county that you were charged in. They will almost certainly know what the options are.

I should point out that Reckless Driving is a misdemeanor and a serious charge. Jail is unlikely at 86 (pushing 100 or racing will almost certainly land you a few days in the drunk tank in most counties). The fine will be stiff. At 86, you're above where they would consider many of the reduction dodges (which is also more difficult with you being out of state, but your lawyer can tell you if it's possible. You can as someone over 20, take the VADIP course online if the court allows it).

I'd avoid calling the charge "rediculous" in front of the prosecution or the court. We don't much care for people driving at reckless speeds in the Commonwealth. Anything in excess of 80 OR 20 miles over (you did both!)
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Old 05-26-2009, 02:25 PM
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Quote:
Originally Posted by FlyingRon View Post
The procedure depends highly on which court you are supposed to appear in. Most of the "Interstate speed trap" areas do allow trial in absentia even though the charge is a mandatory appearance. Some even give you this information when they hand out the ticket (have a nice day).

First thing is to call the court and see if they allow this. For example, in Montgomery County (Christiansburg, I-81) you provide them court all your contact information and after the "trial" you'll get the bill for the fine and costs.

The second option (especially if the first is unavailable), is to call a lawyer in the county that you were charged in. They will almost certainly know what the options are.

I should point out that Reckless Driving is a misdemeanor and a serious charge. Jail is unlikely at 86 (pushing 100 or racing will almost certainly land you a few days in the drunk tank in most counties). The fine will be stiff. At 86, you're above where they would consider many of the reduction dodges (which is also more difficult with you being out of state, but your lawyer can tell you if it's possible. You can as someone over 20, take the VADIP course online if the court allows it).

I'd avoid calling the charge "rediculous" in front of the prosecution or the court. We don't much care for people driving at reckless speeds in the Commonwealth. Anything in excess of 80 OR 20 miles over (you did both!)
Thanks for the info.

I was on a bike and in a line of 10 cars. I think he just singled me out since I was on a bike. Was fairly rude and searched my compartment while putting everything out on the side of the highway and didn't bother to pick any of it up afterwards.

The speeding isn't ridiculous, it's more of the set speed for reckless driving and the insane possible fines.

the county is botetourt if that makes any difference.
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Old 05-26-2009, 03:06 PM
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Admittedly VA is not motorcycle friendly, but you are going nowhere with the "they picked on me because I was on a bike" excuse. People doing 86 are regularly cited. People doing 81 in 65 are regularly cited (my wife can certainly tell that story, the reason I know so much about Montgomery County is because of her ticket, and I know about Northern Virginia from my daughter. Me, I avoid driving at reckless and dangerous speeds. 86 is bad enough in a cage, it's stupid in addition to reckless on a bike.

The state has to put the threshold somewhere. You're not even close to it.
The high penalties is to make people like you think about not having a disregard for the law.

Botetourt is not one of the more lenient courts I believe. Do the steps I outlined earlier.
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Old 05-26-2009, 04:40 PM
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Quote:
Originally Posted by FlyingRon View Post
Admittedly VA is not motorcycle friendly, but you are going nowhere with the "they picked on me because I was on a bike" excuse. People doing 86 are regularly cited. People doing 81 in 65 are regularly cited (my wife can certainly tell that story, the reason I know so much about Montgomery County is because of her ticket, and I know about Northern Virginia from my daughter. Me, I avoid driving at reckless and dangerous speeds. 86 is bad enough in a cage, it's stupid in addition to reckless on a bike.

The state has to put the threshold somewhere. You're not even close to it.
The high penalties is to make people like you think about not having a disregard for the law.

Botetourt is not one of the more lenient courts I believe. Do the steps I outlined earlier.
If you knew anything about bikes you would know that riding with the flow of traffic is the safe thing to do.
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Old 05-26-2009, 06:14 PM
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Originally Posted by Jredrum View Post
If you knew anything about bikes you would know that riding with the flow of traffic is the safe thing to do.
And if you knew anything about injuries that you can suffer on a bike at 86mph versus those that you can suffer in a car at that same speed, you would understand why your comment makes absolutely no sense whatsoever!
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Old 05-26-2009, 08:56 PM
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Originally Posted by Jredrum View Post
If you knew anything about bikes you would know that riding with the flow of traffic is the safe thing to do.
Oh really. Oddly, "going with the flow" is missing from the basic and experienced riders courses as offered by the MSF. They recommend increasing following distance when confronted with a tailgater. They do however admonish excessive speed. The "it's safer to speed up excessively to go with the flow" argument doesn't work any more on the scoots than it does in the cages. I've never seen any motorcycle safety or advocacy group that suggests that is a valid method.
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