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6/21/2017 8:25:40 PM
Posted: 6/16/2001 8:34:07 PM EDT
I was coming home today on I-95 north and get nailed on the "express" inner lanes. I was going with the flow of traffic (until they hit their brakes when they saw the cop). Anways I had no idea the speed limit is 55! everywhere here and get nailed with a reckless driving charge (82 in a 55) and have to go to court in a month. Beeing from Florida and only up here for a couple of months, 80 is nothing on an interstate, although i don't think that would be good to tell the judge. Any advice what to do before i go or when i am in court? What should i expect? Will the points transfer to my florida record?
Link Posted: 6/16/2001 10:51:22 PM EDT
Bend over and take it like a man! You screwed the pooch. If you are lucky it won't make it back to FL. DON'T say "I was only going with the flow..." At trial, the Judge may throw his gavel at you. Sorry, 82 in a 55, from out of state, doesn't look good.
Link Posted: 6/16/2001 11:47:26 PM EDT
Hell, Walking Lawton, our former governer, was stopped doing 85 in a 55 in GA. He got a ticket for speeding, $50! Too bad you were not in GA.
Link Posted: 6/17/2001 12:02:27 AM EDT
Reckless Driving is bad. I don't understand how/why that gets charged because of speed. Reckless Driving may be a CRIMINAL traffic offense. It will also have a very bad effect on your insurance rates, or possibly ability to get insurance. You should talk to the prosecutor or court officer see if they can get you reduced to speeding. Even if the dollar amount goes higher it may be worth it, considering insurance etc. Also find out if it is a criminal offense before deciding what else to do. Criminal offense means it might be worth it to get a lawyer.
Link Posted: 6/17/2001 12:19:02 AM EDT
ADVICE: Bend over and pull the pants down. Don't forget to say Thank you Sir. Its comming from the gOVERNMENT and its full of love. Its for your own good, if not its for the good of the children...
Link Posted: 6/17/2001 12:26:01 AM EDT
Reckless driving can be charged for 15MPH over, since you were doing 32MPH over (twice what it takes). It's doubtful that you can "beat the rap". Your best option would be to get it reduced to something that carries less of a fine and less points on your license. The points should make it down to Florida. The only reason they won't is some clerical error. You'll have to decide if you can afford those points, fine and if you'll get higher insurance rates. It may be cost effective to get a lawyer. Lawyers in these cases are usually very effective in reducing the charge, but I doubt you'll get it dropped. Paying a lawyer won't be cheap, but it may be worth it overall. The speedlimit isn't 55 everywhere in the state. It's 65 on some roads and they're in the middle of engineering studies to raise that to 75 on some. You're supposed to actually read those speed limit signs they put up for you [;)]. You're right, not knowing what the speed limit was, or that 80 in a 55 is nothing are probably not good excuses to use on the judge. I'd get a mouthpiece. Did you have Florida tags on your car, or was it a rental? Ross
Link Posted: 6/17/2001 4:07:05 AM EDT
Link Posted: 6/17/2001 5:10:10 AM EDT
Thanks for beeing so helpful ("Bend over and take it like a man") Yes it was my car w/ florida tags. Damn you guys are making me more nervous about it. Actually ross 82 in a 55 is 27 mph over not 32 ;-) Any other advice? ny lawyers who want to represent me for a reasonable price?
Link Posted: 6/17/2001 5:32:49 AM EDT
95 sucks man, State police hide in the huge median between all the hills and you cant really see the punks until your right on top of them and by that time theyve already tatood your ass with that radar gun mounted on the side of there car. So now you have to come all the way back up here in a month for a court date. You might be able to talk to a prosecuter right now and just pay a fine and be on your way. Stay in the far right lane on 95. Get a radar detector too, its illegal but just turn it off when you start to here it beep and slow down for a mile or two. later
Link Posted: 6/17/2001 5:42:39 AM EDT
Most of the time the speed drops to 55 when you get near a major city. Here is an idea... Put a different gear in your speedometer and have it tested. Have it read about 10 miles higher than what you are actually going. Take that to court. Then you can say you thought the limit was 65 and you were going 70 (with the flow of traffic) You had no idea you were going 80! [:D]
Link Posted: 6/17/2001 6:38:49 AM EDT
good thinking, except in most state you are REQUIRED to hav a properly functioning speedometer. The defense to one offense in not to claim another seperate offense. Try the obvious, talk with the prosecutor, I wasn't paying attn to the speedo or the signs, I'm new to the area and was making sure I didn't miss my exit.
Link Posted: 6/17/2001 7:28:14 AM EDT
True, but many things effect your speedometer. I have a jeep and if you go to larger tires, change gearing in the diffs or change the gearing in the transfer case.... you get a change in the speedometer. If its a sports car, it could have had its gearing changed in the diff... or larger tires etc.. Anyway, good luck. Don't speed next time. [rolleyes]
Link Posted: 6/17/2001 7:42:43 AM EDT
I got a recless driving charge back in February, but it wasn't for speeding. I did a couple of dougnuts in front of a police station (not knowing of course that there was a polices station there). An officer saw the whole thing from the parking lot and thought I was showboatin in front of him. Needless to say he was fairly preterbed and when court day came around he was relentless. My attorney said it would be best to plea guilty since the cop was bein an ass, so I did thinking the judge would go easy. 1 month liscense suspension, 2 months in jail(suspended), and $1000 fine (800 suspended). My ass was sore after that one. Good luck! ques
Link Posted: 6/17/2001 7:43:03 AM EDT
Fighting a speeding charge is tough, and probably unwinnable. I don't know about the law in the state where you were stopped, but in most states, the prosecutors and judges have heard most of the defenses and have stock answers or case law that negates them. Do not mess with your speedometer. For two reasons: 1) Most jurisdictions can convict you of a violation if you admit to it in open court. Depending on how mean they are feeling, your admission that you operated a vehicle with defective equipment will just get the prosecutor to file new charges. 2) If you are trying to use speedometer calibration as a defense (and it does not work), and the prosecution gets the hint that you "tampered with evidence) you could be looking at serious jail or prison time, over a minor traffic violation. Around here, it is a felony. Your best bet when cited is to call the court and try to work things out. If they do not give you what you are looking for, call the prosecutor. Prosecutors in most states have an incredible amount of leeway, and if you are polite, apologetic and personable, you can usually get a pretty good deal. One last piece of advice, never, ever, get into a pissing contest with a prosecuting attorney. I saw a guy almost get into a fistfight with our local prosecutor, in court. No violence occurred, but that guy still has a few grand worth of traffic warrants active.
Link Posted: 6/17/2001 8:02:35 AM EDT
Call the distict attorney's office and find out if it's a mandatory court appearance. If is isn't (varies from jurisdiction to jurisdiction) then mail in a fine to save yourself a missed day of work and travel. Whether you have to go to court or not ask to speak to the assissant D.A. that will be handling your case as prosecutor. Try to work out a plea bargain. Let him know you're sorry for the offense, it won't happen again and this was your first offense. The bottom line is the D.A./county want your fine money. Tell him you'll be more than happy to pay their fine and court costs, but would really appreciate this offense not going on your record. Some places will not put it on your record if you take a deffenseive driving course. You could also ask the prosecutor to plead the charge down to speeding 82 in a 55 instead of the reckless. Doing this might make it not be a mandatory court appearance, it also may bring the fine down a little. Drop me an e-mail if you have any questions about what I'm saying.
Link Posted: 6/17/2001 8:05:44 AM EDT
Careful with the claim that your speedometer was incorrect. You might get the reckless driving charge plus a (whatever they call it around there) operating a vehicle in an unsafe condition charge. In May of 1993, I was given a ticket for reckless driving. The tie-rod (connects the front wheels to the steering) broke on the van I was driving for work. It was on I85 in SC. The van took a hard left, and drove through opposing traffic and into a tree. Two different cars coming from the other direction had to swerve off of the road to avoid me. The SC Highway Patrol Officer that came to the scene was very angry with me. I thought he was going to pullout his gun and murder me right there. He screamed at me for so long and hard, that his face was dripping with sweat. He wrote a ticket to me for reckless driving at 95 MPH in a 55 MPH zone. I was doing 35 MPH in traffic when it happened! I had a small dent in the front fender from where the van hit the tree. The only reason I couldn't drive myself off was that the tire had come pulled off of the rim. If I had been doing 95 MPH, I would have done some serious damage to the van. The magistrate handling the case was the former best man in my wedding. You could say that I knew him. Even though he knew the van swerved because of a mechanical problem. He said there was nothing he could do about the charge. He said that if I mentioned the fact that the tie rod broke, and the officer asked for it, I would also be charged with driving a vehicle in an unsafe condition. I had someone else in the car and three others who witnessed what happened who could testify that I was driving no more than 35 MPH when it happened. It was in traffic at 5:30 PM. There was no way I could have been driving an armored van at 95 MPH in that traffic. My poor friend, the magistrate, said there was still nothing he could do. The HP officer said I was doing 95 MPH from his "expert" study of the skid marks, and no testimony of my own could change that. It's a racket. Facts don't matter to the legal system. Anyway, the officer didn't show-up to court, because he was out of work for the week after getting beatup by a guy who was mad that the officer pointed his gun at the guy's kids. Without the officer, the ticket was thrown out. Conclusion, facts didn't matter. Only the testimony of the officer mattered. The three people I had with me who were willing to testify the fact of what occurred didn't matter. The mechanic I had with me willing to testify that the tie-rod broke didn't matter. The tow truck driver (that cost me a lot to get him to come) who saw the broke tie rod as he was putting the van on the flatbed, didn't matter. The only thing that mattered was the testimony of the officer who didn't even see it happen. My advice to you thee121nv, is to go to court and pray the officer doesn't show-up. If the officer does show-up, then kiss his ass as well and as thoroughly as you know how.
Link Posted: 6/17/2001 8:43:32 AM EDT
Originally Posted By 7: Here is an idea... Put a different gear in your speedometer and have it tested. Have it read about 10 miles higher than what you are actually going. Take that to court. Then you can say you thought the limit was 65 and you were going 70 (with the flow of traffic) You had no idea you were going 80! [:D]
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That is the dumbest thing I have heard in a while
Link Posted: 6/17/2001 8:53:22 AM EDT
ZOOM ZOOM - Note to self: Stay the hell out of South Carolina.
Link Posted: 6/17/2001 9:25:49 AM EDT
Don't just plead guilty without checking your options. Driving school. Definitely check into that. Even as an out-of-stater, there's some chance you could be eligible. It would even be worth it to drive back up there to check it out or even to go to a couple of weekend school sessions. Out here, it keeps at least minor violations off your driving record which in turn keeps the insurance company from doubling your rates. If you can't get driving school, think seriously about getting a VA attorney who specializes in serious traffic violations. Estimate if your insurance doubled for, say three years, how much that would cost you. It's possible that a reckless driving conviction may stay on your record longer. Now compare that to the cost of an attorney. Maybe Steve in VA from the Legal forum here can suggest someone to you. This MIGHT be a misdemeanor, and could be something you'd have to put on job applications, etc., so you want to keep it off your record if at all possible. Be especially polite to the people at the court clerk's office. I sure hope you learned a lesson from this. Keeping up with traffic is not advisable when they are all going 20 mph over the limit or more. Now tell the truth - how many people did you pass while 'keeping up with the traffic' ?????? [red][size=4] P.R.K.
Link Posted: 6/17/2001 11:23:29 AM EDT
I got a ticket 7 months ago in NY. I was doing 80 in a 55. I did not get wreckless driving but I did get 6 points and 90 dollar fine. I was keeping up with traffic and people were passing me. So now I travel at 59 with the cruise control on to avoid any more points. I have 11 months before they come off my license(for revocation) 29 months for insurance. My insurance company does not raise for tickets just accidents. Knock on wood. Now that I have gotten this ticket I am more aware of what I am doing as to speed. The ticket did do what it is intended to do. I watch my speed now. I make sure I have my seat belt on and do my best. Learn from it try to get the least punishment and take it like a man. It is not easy to take it cause many people were doing the 82 also but you were cought. The distance is going to be a hinderence. I would get a va lawyer. If you get one they might be able to go to court for you and you don't have to show up. I would definately get councel. Good luck and learn fom your mistake.
Link Posted: 6/17/2001 12:02:07 PM EDT
Originally Posted By 1GUNRUNNER:
Originally Posted By 7: Here is an idea... Put a different gear in your speedometer and have it tested. Have it read about 10 miles higher than what you are actually going. Take that to court. Then you can say you thought the limit was 65 and you were going 70 (with the flow of traffic) You had no idea you were going 80! [:D]
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That is the dumbest thing I have heard in a while
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Might be dumb to you but I've seen it work lots of times. A lot of people in my jeep club forget to swap out the speedo gear and while their speedometer says 55, they are really going 70.
Link Posted: 6/17/2001 8:20:54 PM EDT
1GUNRUNNER said:
Note to self: Stay the hell out of South Carolina.
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That's good advise if you're going to get a ticket. In this state, you don't have the right to a lawyer nor to a jury trial. You also can't get the points back by taking a class. There are no driving schools here like you see in other states. Also, you go before a magistrate rather than a judge. Of the four magistrates I've known, not a one had a legal background. Two were former morticians and the other two were real estate agents. They go to a one week (might be two, I don't remember) class in Columbia, then they start trying cases. They're appointed because they're know somebody, not because they know anything about the law. I've been to court (as they call it here, it's a joke) about 10 times with relatives or friends who received tickets. Each time, the magistrate listened to the officer then pronounced the defendant guilty. Not once, was the defendant allowed to speak. The first time I saw this, I spoke-out, because my wife's sister never speeds, and she had received a ticket for doing 30 MPH over in a 45 MPH zone! She doesn't even do 1 MPH over, and I don't think her Volkswagon minibus would even do 75 MPH. After the magistrate said guilty, I tried to argue facts with him. That was a big mistake. He increased my wife's sister's fine for speeding and fined her $150 (that was a huge amount of money back then) for contempt of court. I've kept my mouth shut since then. Yes, stay the hell out of SC if you want a fair hearing after receiving a ticket.
Link Posted: 6/18/2001 7:24:55 PM EDT
Some times I am amazed that not everyone has a radar detector.
Link Posted: 6/18/2001 7:41:43 PM EDT
Another option is to get a lawyer, then request a jury trial. Make it very expensive and time consuming for them. Perhaps they will be more inclined to let's make a deal, and you will get by with negligent or some other lessor charge than reckless driving. Either way you go it is going to cost you a couple of bucks. Or, you could forget the whole thing, let them put out a warrant for you (misdemeanor) and never step foot back in North Va. until the statute of limitations for that state zero the charge out. Last I heard they do not extradite for misdemeanors.
Link Posted: 6/18/2001 7:51:30 PM EDT
Link Posted: 6/18/2001 8:17:51 PM EDT
Actually, depending on your driving record and the judge this could be an advantage for you. If you had gotten nailed with a simple speeding ticket then you might as well just send in the check for the fine. With a reckless driving charge, the judge may not want to convict you of something so strong when everybody knows how fast the traffic moves on 95. In fact, if you were in the express lanes of 95 through Woodbridge, Springfield, etc. then you should know that they are supposed to be raising the speed limit in the express lanes to 65. Late last year a friend of mine and I both got caught doing ~45 in a 25 zone. I got a speeding ticket, he got hit with reckless and we went in front of the judge a week apart. The judge was unwilling to convict him on something so strong since he had no other tickets on his record. I tried the "I had just put new, bigger tires on my truck and I didn't know it at the time but my speedo was off by 15%" excuse and got hit with the fine and points.
Some times I am amazed that not everyone has a radar detector.
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Radar detectors are illegal in Virginia and in the District of Corruption.
Link Posted: 6/18/2001 8:35:44 PM EDT
I got in a small fender bender with a city judge in a very small town in South Louisiana. Totally my fault. Cop ticketed me with failure to yeild. Went to talk to him 2 days later. Said he had to replace his bumper for $250 and told my insurance. I then walked to the courthouse, got a copy of the accident report(woman at the window said "You're the one who ran into The Judge, huh?") and walked over to the DA's office(who said "You're the one who ran into The Judge, huh?") . Explained to him that I was a poor starving student(which I was) and that I couldn't have this ticket on my record or else I wouldn't be able to afford insurance. I also told him that I had no problem paying for the ticket, I just couldn't have it on my record. He takes my ticket, scribbles something on it. I payed it, and it didn't go on my record... Woot.
Link Posted: 6/18/2001 8:36:29 PM EDT
t rex has got it right.
Link Posted: 6/18/2001 8:50:50 PM EDT
Originally Posted By ARChoo: ...I couldn't have this ticket on my record or else I wouldn't be able to afford insurance. I also told him that I had no problem paying for the ticket, I just couldn't have it on my record. He takes my ticket, scribbles something on it. I payed it, and it didn't go on my record... Woot.
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This man has the right idea! Try it!
Link Posted: 6/18/2001 8:56:31 PM EDT
Play these videos during your trial: [url]http://www.infowars.com/#ps[/url] Establish the possibility that VA cops are nothing but robbers in uniform (which they are, I've driven the I-95 corridor and seen their jackbooted tactics many a time).
Link Posted: 6/18/2001 8:59:57 PM EDT
[Last Edit: 6/18/2001 9:00:53 PM EDT by trickshot]
"The magistrate handling the case was the former best man in my wedding. You could say that I knew him. Even though he knew the van swerved because of a mechanical problem. He said there was nothing he could do about the charge." That's really funny because all magistrates can do just about anything they please, even dismiss the case. Guess he isn't much of a friend in reality. When are we all going to get together and kick these stinking commies asses for doing this to us? C'mon people, these are victimless crimes here. The 55mph speed limit on I-95 has only one purpose--to raise money and line the pockets of corrupt cops, judges and lawyers.
Link Posted: 6/19/2001 3:57:59 PM EDT
More Details- I am working in this god awful city(fairfax) until early august. then back to school I am a poor college student. I do have a good driving record in Fl, 3 pts at most (requested certified copy already). And YES lawyers here have recommended the calibration defense. Even crooked mechanics. Now should I: - go in with my driving record and plead poor college student -go in with a calibration saying my 82 was actually 74 (speeding) defense? -hire a lawyer (found one for 500) which is still alot of $$$. Is that true about the warrant thing t rex said I bet they would just find you guilty, assess points and fine?
Link Posted: 6/20/2001 1:08:35 AM EDT
They may buy off on the calibartion thing. I've known plenty of people here in Hampton Roads to use it successfully. Sure, they could pile on charges I suppose, but it's like a form of plea bargin. They'll see you're willing to cough up some dough, and they don't have to do anything except drop it to speeding. Combine the mis-calibrated speedo with your good driving record. Most folks that speed, do so enough to have been caught before. $500 may be alot of money. If it's less than what you'd pay in fines, fees, and raised insurance premiums, it may be worth it. Ross
Link Posted: 6/20/2001 3:14:17 AM EDT
Here's my advice: Don't listen to anyone's advice here on this board [;)]. OK, so I'm kinda joking, sorta. Hire a lawyer and listen to him. They do things a little different up there in the Peoples Republic of Northern VA, although no city is as bad as Virginia Beach when it comes to traffic court. I will tell you that calibrations are losing there credibility these days with judges in most VA traffic courts. I still use them, however in a case like yours, I will send my client to a one day DMV-approved driver improvement course. You might want to check it out. Whatever you do, follow the lead of a good local attorney. I have tried cases in Manassas and Fairfax Co. and know a few good criminal attorneys I could refer you to- just drop me an email if you have not already found one. You need someone who is in court every day and knows the local bench. Good luck.
Link Posted: 6/20/2001 3:19:16 AM EDT
Just saw your reply indicating you are a student/pauper so here's one more thing. If you can't afford an attorney, definately do the driver imporvement course, get a DMV printout of your record here and in FL (I assume it's good) and beg for mercy. Stipulate the evidence is sufficient and ask for a reduction to defective equipment based on the calibration and the mitigating evidence of your record and the new-found enlightenment gained from the driver improvement course. Point out that you were cooperative with the trooper and talk to him BEFORE court to let him know what you are doing.
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