RD charge for speeding

[Basha]

What is the name of your state?VA.My husband got a ticket for reckliss driving. We were on a to lane highway in a work zone where they weren't working. Speed limit was 50. We were in the right hand lane going with the flow of traffic in a rental car with Alabama plates when we are VA residents. My husband asked the officer why he chose us when we were going with the flow of traffic, the officer replied that he couldn't pull over everyone. What are our best options for getting the charge reduced?

 

[FlyingRon]

Going with the flow of traffic is not an excuse. As your mama told you when you were growing up, two wrongs do not make a right. Arguing they picked on you for being out of state won't get you anywhere either.

You're going to have to explain further why reckless was cited. What speed was your husband driving? Which GDC is he summonsed to appear in?

Anyhow, getting it reduced except in certain egregious cases is fairly routine. Your best bet would be to hire an attorney in that jurisdiction. He can probably get it reduced without you having to make an appearance.

 

[Basha]

Going with the flow of traffic is not an excuse. As your mama told you when you were growing up, two wrongs do not make a right. Arguing they picked on you for being out of state won't get you anywhere either.

You're going to have to explain further why reckless was cited. What speed was your husband driving? Which GDC is he summonsed to appear in?

Anyhow, getting it reduced except in certain egregious cases is fairly routine. Your best bet would be to hire an attorney in that jurisdiction. He can probably get it reduced without you having to make an appearance.

Court appearance is for Yorktown. Officer said he was doing 82 in a 50 mph work area. It was raining and we were in the right lane the duration of out trip with cars in front , in back and passing us on the highway

 

[FlyingRon]

82 anywhere in the state will get you Reckless Driving.

Again, what other cars were doing on the highway is entirely immaterial. I'm not familiar with the courts down there. I'd recommend this an attorney still. This would be a mandatory appearance unless the CA is going to waive jail time (which they often do in the "speed trap" jurisdictions like Montgomery County). Even if they do, you don't want to plead guilty to RD.

 

[paprclip]

I'll second the advise to get an attorney. What hasn't been said so far is that RD in Va. is a misdemeanor charge NOT a traffic violation.

 

[stealth2]

What speed was your husband driving?

This is the relevant question - not the speed he was cited.

 

[FlyingRon]

Well, both questions were relevant. If the speed didn't exceed 80, then the state would have to show that "OTHER THAN SPEED" there was some reckless behavior. Speeding alone (less than 80) in a work zone requires workers present to get the enhanced penalties otherwise. Once you exceed 80, it's prima facie reckless under the law.

And yes, sorry that I didn't state it explicitly but Reckless Driving is a class 1 misdemeanor and you could face a year in jail (unlikely). However, some judges love to throw you in the tank for a few days (60 days suspended down to 8 or 4) for the criminal speeding (this is why I asked which court).

 

[xylene]

The average speed of traffic being so wildly excessive is EXACTLY what they are trying to reduce with these enforcement operations!

Only a Virginia driver would see themselves as entitled to reckless speeds beacuse of the pace of traffic. smdh.

 

[Zigner]

Only a Virginia driver would see themselves as entitled to reckless speeds beacuse of the pace of traffic. smdh.

I disagree. It's mind-boggling how many people in every jurisdiction think that "going with the flow of traffic" is a valid excuse.

 

[paprclip]

Well, both questions were relevant. If the speed didn't exceed 80, then the state would have to show that "OTHER THAN SPEED" there was some reckless behavior. Speeding alone (less than 80) in a work zone requires workers present to get the enhanced penalties otherwise. Once you exceed 80, it's prima facie reckless under the law.

And yes, sorry that I didn't state it explicitly but Reckless Driving is a class 1 misdemeanor and you could face a year in jail (unlikely). However, some judges love to throw you in the tank for a few days (60 days suspended down to 8 or 4) for the criminal speeding (this is why I asked which court).

The only thing I'll add to that is Va's RD statute includes speeding in excess of 20 over the posted limit. So, in the case of the OP's scenario, the OP is caught both ways: 1) speed in excess of 80mph, and 2) speed in excess of 20mph of the posted limit.

 

[HighwayMan]

I disagree. It's mind-boggling how many people in every jurisdiction think that "going with the flow of traffic" is a valid excuse.

I concur. Where I am that's one of the most common excuses. That and "I didn't see the signs".

 

[TigerD]

. That and "I didn't see the signs".

When the truth is they didn't see the officer.

 

[FlyingRon]

No signs were required here. It's not allowed to drive 80 in any part of the Commonwealth.

 

[Shadowbunny]

My husband asked the officer why he chose us .....?

Because he could? Because it is literally impossible for one officer to pull over every speeder? Or because at 80+ MPH your husband was likely going faster than everyone else? Or he was driving in a manner that caught the officer's attention. Driving 80 on a two-lane road, in a work zone, while it was RAINING was seriously reckless. Hopefully your husband learns a lesson from this.

 

[Just Blue]

Because he could? Because it is literally impossible for one officer to pull over every speeder? Or because at 80+ MPH your husband was likely going faster than everyone else? Or he was driving in a manner that caught the officer's attention. Driving 80 on a two-lane road, in a work zone, while it was RAINING was seriously reckless. Hopefully your husband learns a lesson from this.

It was the trifecta of reckless. Literally.