va reckless driving.

[turkeytigo]

im a minor in northern virginia and i was driving down a 65 mph road at 77 mph ( i know its over the speed limit but thats what i set my cruise at ... i was in a bit of a hurry) the cop clocked me at 81 mph.

1. i thought reckless was anything 20 mph over the speed limit, which is why i was so careful not to even come close to going that fast. how is it legal for him to charge me with reckless when my case isnt even what the law stipulates? the undercover cop also trailed me for nearly 2 miles before putting his lights on (during that time i slowed wayyy down to 65 mph) is that legal???

2. what are the chances that this ticket will be reduced? ive had a reckless ticket dismissed before, will that have an affect on the outcome of this one?

3. ive already taken two driver improvement classes and started doing regular volunteering - will this in any way help?

4. is it worth the money to hire a lawyer? what are the consequences of this ticket? should i get my speedometer checked?

5. is there any way that his radar was off? is there anyway i can get that callibrated to ensure that its reading was accurate? loopholes? is it even worth the effort?

any help / advice would be GREATLY appreciated. thanks!

 

[HomeGuru]

im a minor in northern virginia and i was driving down a 65 mph road at 77 mph ( i know its over the speed limit but thats what i set my cruise at ... i was in a bit of a hurry) the cop clocked me at 81 mph.

1. i thought reckless was anything 20 mph over the speed limit, which is why i was so careful not to even come close to going that fast. how is it legal for him to charge me with reckless when my case isnt even what the law stipulates? the undercover cop also trailed me for nearly 2 miles before putting his lights on (during that time i slowed wayyy down to 65 mph) is that legal???


**A: yes.

**********

2. what are the chances that this ticket will be reduced?

**A: slim to none.

*******
ive had a reckless ticket dismissed before, will that have an affect on the outcome of this one?

**A: no.

*********

3. ive already taken two driver improvement classes and started doing regular volunteering - will this in any way help?

**A: no and I guess it did not help you before.

*******

4. is it worth the money to hire a lawyer?

**A: what money?

*********
what are the consequences of this ticket?

**A: crystal ball is in the shop for repairs.

********
should i get my speedometer checked?

**A: no as it seems to be working fine just like your cruise control.

*******

5. is there any way that his radar was off?

**A: you need to ask him.

*********
is there anyway i can get that callibrated to ensure that its reading was accurate?


**A: no.


*******
loopholes? is it even worth the effort?

any help / advice would be GREATLY appreciated. thanks!

**A: you seem to not have learned your lesson.

 

[turkeytigo]

please dont waste both of our time mocking me. i need some geniune legal advice. if you have none to offer or if your here for reasons other than to aid those who post - please leave.

 

[The Occultist]

please dont waste both of our time mocking me. i need some geniune legal advice. if you have none to offer or if your here for reasons other than to aid those who post - please leave.

Are you serious? HomeGuru gave you accurate information. The advice was not only correct, but free. The attitude was free as well

 

[racer72]

You can get a reckless driving ticket while driving under the speed limit, your vehicle speed is irrelevent.

 

[turkeytigo]

do i have any case or anything i can use to get this ticket potentially lowered?

 

[lwpat]

It is common for these tickets to be reduced to a 3 point improper driving. You may want to have your speedometer checked by a certified technician. Then get a certified copy of your record from the DMV. If the prior RD is not on there you are in luck.

VA has a new fine of $1050 for a RD ticket on top of the court fine.

 

[mwbarton]

im a minor in northern virginia and i was driving down a 65 mph road at 77 mph ( i know its over the speed limit but thats what i set my cruise at ... i was in a bit of a hurry) the cop clocked me at 81 mph.

1. i thought reckless was anything 20 mph over the speed limit, which is why i was so careful not to even come close to going that fast. how is it legal for him to charge me with reckless when my case isnt even what the law stipulates?

Just FYI, reckless speeding in VA is 20mph over the posted speed limit or 80mph or higher.

Reckless driving is a misdemeanor worth 6 points on your driving record for 11 years. Possible sentence includes a maximum fine of $2500 plus court costs and up to 12 months in jail, in addition to VA's new civil penalty of $1050 payable over 3 years. Aside from the monetary considerations, this is a criminal charge that could impact college and/or future employment opportunities. You need to decide if it is worth it to hire a lawyer.

 

[turkeytigo]

thanks so much.

 

[FlyingRon]

Generally you can get down to careless driving (a minor charge) if you take the Driver Improvement Program class (either one day in person or if you are over 20, you can even do it on line). This will usually be granted if you have a relatively clean record and you haven't use the "traffic school" reduction before in the past couple of years.

Of course, it is at the discretion of both the Commonwealth's attorney and the judge. But at mild speeds like this it is usually granted.

 

[trieroffact]

Are you serious? HomeGuru gave you accurate information. The advice was not only correct, but free. The attitude was free as well

It is not possible to get a speedometer calibrated??? what world/reality do you guys live in? - the land of defeatists?

 

[Zigner]

It is not possible to get a speedometer calibrated??? what world/reality do you guys live in? - the land of defeatists?

Well, setting aside the fact that this thread is a month and a half old, the OP didn't ASK about getting his speedometer calibrated

 

[JIMinCA]

He also didn't ask for a lecture. But he certainly got that... for free!

 

[JIMinCA]

Um, no. We live in the land of December.

So nice to see that you and DiminCa are still together.

Just to advise you, justalayman and those like you... I will tolerate your negative attitudes and online prosecutions of OPs. I will even tolerate your opposition of EVERYTHING I say. However, please read the following excerpt from the terms of this site:

You agree that you will NOT use the FreeAdvice Forum to post any knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, or threatening message and/or user name, or to post any advertisement, chain letter, solicitation or other commercial message, or to post material that is illegally invasive of another person's privacy.

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You are advised that this is the line in the sand. I will report each abusive, hateful, harrassing remark that you post to the moderators and demand action be taken against you.

Play time is over.

 

[trieroffact]

Challenge the calibration of the unit and the tuning forks...

§ 46.2-882. Determining speed with various devices; certificate as to accuracy of device; arrest without warrant.

The speed of any motor vehicle may be determined by the use of (i) a laser speed determination device, (ii) radar, (iii) a microcomputer device that is physically connected to an odometer cable and both measures and records distance traveled and elapsed time to determine the average speed of a motor vehicle, or (iv) a microcomputer device that is located aboard an airplane or helicopter and measures and records distance traveled and elapsed time to determine the average speed of a motor vehicle being operated on highways within the Interstate System of highways as defined in § 33.1-48. The results of such determinations shall be accepted as prima facie evidence of the speed of such motor vehicle in any court or legal proceeding where the speed of the motor vehicle is at issue.

In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (i) the speedometer of any vehicle, (ii) any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any laser speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months.