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Kitulu
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Posted: 6/29/2012 12:21:49 AM
[Last Edit: 7/13/2012 11:46:15 AM by Kitulu]

THE IMAGE ABOVE IS A PAID ADVERTISEMENT
I was on the way from VA to Florida, running with traffic, and got pulled over by the State Patrol and given a ticket for 82 in a 70, with the offense described as in the title.

The trooper said that I could just call the number and pay a fine, but I have been reading a few horror stories on the net about huge fines, jail time, and suspended licenses. How fucked am I?

I have a Florida license and registration, and so far as I know I have a clean driving record. Should I retain a lawyer in VA to fight it? Either way, me driving all the hell the way to VA from Ft Campbell in August for a court appearance would be difficult.

If I need a lawyer, anyone have a recommendation? I was planning on calling the number tomorrow to get more info on the fine, at al.

UPDATE 1: Well, I called VA this morning, and it is $206 to pay the fine. Not great, but not too bad, I can live with it. What concerns me is the "reckless driving" part of the ticket. The points will be forwarded to FL, and would be either 3 points for speeding, 4 points for the reckless charge, or 7 for both. If I accrue 12 points in 12 months, 18 point in 18 months, or 24 in a 36 month period, then I could be looking at suspension or worse, depending on future infractions. Again, not overly worried as I am normally a cautious driver, and I may be able to take a defensive driving class to get the points knocked off. However, I have to call the state DMV in Tallahassee to see what they will add on to m record when they get the info from VA, and "all lines are busy at the current time."

UPDATE 2: Well, I got ahold of someone in Tallahassee, and they told me that it depends on what VA forwards to FL about the ticket. So, I called VA back and they told me that since it is reckless driving in VA, it will be sent to FL as reckless driving, which will cause me to lose my insurance with State Farm. So, it looks like I will need to retain a lawyer to try to fight it down for me.

UPDATE 3: Called and retained a lawyer, and now have to gather up all the copies of paperwork and whatnot and e-mail them over to his office this week. Fortunately, the case is not until August, so I have a little time. The fee is higher than the cost of the fine, but lower than a grand, and I will consider it money well-spent if it gets the reckless driving charge gone, and even better if the whole thing is tossed.

UPDATE 4: Not much change from update three, but there is more evidence of a conspiracy between the Communistwealth of Virginia and the local bar association...in my stack of mail waiting for me when I got home was a solicitation from a legal firm...not just a letter, but a full brochure. the enclosed letter started off with "we noticed that you had recently received a reckless driving by speed ticket...CALL US before you pay it!!!!" Yesterday, I got a text from my son (who is spending the rest of the summer in FL with his grandmother) that I had also gotten one from a different firm at her house. I disregarded them both as I have already retained counsel and e-mailed him all the pertinent copies of documents.

Fuck you, Virginia...fuck you very much!
"You see? It's like I've always said: "You can get more with a kind word and a two-by-four than you can with just a kind word." - Marcus Cole
Intune69
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Posted: 6/29/2012 12:29:54 AM
[Last Edit: 6/29/2012 12:48:59 AM by Intune69]
Originally Posted By Kitulu:
I was on the way from VA to Florida, running with traffic, and got pulled over by the State Patrol and given a ticket for 82 in a 70, with the offense described as in the title.

The trooper said that I could just call the number and pay a fine, but I have been reading a few horror stories on the net about huge fines, jail time, and suspended licenses. How fucked am I?

I have a Florida license and registration, and so far as I know I have a clean driving record. Should I retain a lawyer in VA to fight it? Either way, me driving all the hell the way to VA from Ft Campbell in August for a court appearance would be difficult.

If I need a lawyer, anyone have a recommendation? I was planning on calling the number tomorrow to get more info on the fine, at al.

82 in a 70 is reckless driving?

They just want the money. Try calling to see if you can get it reduced (points on ins.) Send it & be done with 'em.
Nothing pithy.
thumper10mm
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Posted: 6/29/2012 12:59:25 AM
Yep, anything over 80 in Va is reckless I believe.
I knew a few people that got hit for it when I lived up there.
You can hire a lawyer and it will probably get knocked down some, but it will cost you. Last guy said it was almost $1000, but it saved his driving record, that whole reckless thing is hell on insurance premiums.
"Only two defining forces have ever offered to die for you: Jesus Christ and the American GI. One Died for your sins, the other for your freedom." Ronald Reagan
mkgunz
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Posted: 6/29/2012 7:31:21 AM
Did the trooper check the box stating you can just pay it online?

Does VA communicate with FL?
I don't check back on threads. If you have a question, IM me.

Oh and...
...Fuck Obama. He's a socialist piece of shit.
Bubbles
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Posted: 6/29/2012 9:00:19 AM
Originally Posted By Intune69:
82 in a 70 is reckless driving?

They just want the money. Try calling to see if you can get it reduced (points on ins.) Send it & be done with 'em.

Yes, in VA anything over 80 mph and the cop can write you for reckless driving, a Class I misdemeanor, at their discretion.

Did the officer check "Speeding" on the ticket? If not IIRC from my time in VA it defaults to reckless.

I'd ask in the VA HTF for a referral to an attorney. Even if you have to pay him to fight the ticket, it would be less in the long run than the increased insurance premiums.
Heller II - Challenging DC's bans on semi-automatic rifles, large-capacity ammunition feeding devices, and its onerous and expensive handgun registration process. http://www.HellerFoundation.com/
BushBoar
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Posted: 6/29/2012 9:11:45 AM

Originally Posted By Kitulu:
I was on the way from VA to Florida, running with traffic, and got pulled over by the State Patrol and given a ticket for 82 in a 70, with the offense described as in the title.

The trooper said that I could just call the number and pay a fine, but I have been reading a few horror stories on the net about huge fines, jail time, and suspended licenses. How fucked am I?

I have a Florida license and registration, and so far as I know I have a clean driving record. Should I retain a lawyer in VA to fight it? Either way, me driving all the hell the way to VA from Ft Campbell in August for a court appearance would be difficult.

If I need a lawyer, anyone have a recommendation? I was planning on calling the number tomorrow to get more info on the fine, at al.

Reckless driving for 12 over?

Were you swerving or weaving in and out of lanes?

Reckless driving here is a misdemeanor, and I've only seen it on a ticket once.
Suos Cultores Scientia Coronat

"But it does me no injury for my neighbour to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg." - Thomas Jefferson, Notes on the State of Virginia, 1782
RenegadeX
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Posted: 6/29/2012 9:33:28 AM

Originally Posted By Intune69:
Originally Posted By Kitulu:
I was on the way from VA to Florida, running with traffic, and got pulled over by the State Patrol and given a ticket for 82 in a 70, with the offense described as in the title.

The trooper said that I could just call the number and pay a fine, but I have been reading a few horror stories on the net about huge fines, jail time, and suspended licenses. How fucked am I?

I have a Florida license and registration, and so far as I know I have a clean driving record. Should I retain a lawyer in VA to fight it? Either way, me driving all the hell the way to VA from Ft Campbell in August for a court appearance would be difficult.

If I need a lawyer, anyone have a recommendation? I was planning on calling the number tomorrow to get more info on the fine, at al.

82 in a 70 is reckless driving?

They just want the money. Try calling to see if you can get it reduced (points on ins.) Send it & be done with 'em.

Virginia hates autos & driving. Changing lanes without signaling, even if you are the only one on the highway, is reckless driving in Virginia.

In this case, anything over 80 is reckless. Lots of people are getting dinged, since the raised the speed limit to 70, but did not raise the reckless limit.
davewvu86
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Posted: 7/3/2012 1:13:14 AM
Sent you a PM.
learath
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Posted: 7/3/2012 1:17:36 AM
Originally Posted By RenegadeX:

Originally Posted By Intune69:
Originally Posted By Kitulu:
I was on the way from VA to Florida, running with traffic, and got pulled over by the State Patrol and given a ticket for 82 in a 70, with the offense described as in the title.

The trooper said that I could just call the number and pay a fine, but I have been reading a few horror stories on the net about huge fines, jail time, and suspended licenses. How fucked am I?

I have a Florida license and registration, and so far as I know I have a clean driving record. Should I retain a lawyer in VA to fight it? Either way, me driving all the hell the way to VA from Ft Campbell in August for a court appearance would be difficult.

If I need a lawyer, anyone have a recommendation? I was planning on calling the number tomorrow to get more info on the fine, at al.

82 in a 70 is reckless driving?

They just want the money. Try calling to see if you can get it reduced (points on ins.) Send it & be done with 'em.

Virginia hates autos & driving it's subjects. Changing lanes without signaling, even if you are the only one on the highway, is reckless driving in Virginia.

In this case, anything over 80 is reckless. Lots of people are getting dinged, since the raised the speed limit to 70, but did not raise the reckless limit.


Fixed.
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Posted: 7/3/2012 10:40:02 AM
From the code of Virignia, http://lis.virginia.gov/000/src.htm

§ 46.2-823. Unlawful speed forfeits right-of-way.
The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have under this article.
(Code 1950, § 46-238; 1952, c. 666; 1956, c. 533; 1958, c. 541, § 46.1-221; 1985, c. 218; 1989, c. 727.)

§ 46.2-852. Reckless driving; general rule.
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
(Code 1950, § 46-208; 1958, c. 541, § 46.1-189; 1983, c. 380; 1989, c. 727.)

§ 46.2-860. Failing to give proper signals.
A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.
(Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727.)

§ 46.2-862. Exceeding speed limit.
A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
(Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 1992, c. 608; 2006, c. 301.)


Virginia has some rather draconian penalties, but they have at least been relaxed over the past 30 to 40 years.

We used to suspend driver's licenses for 6 months for two speeding tickets within a year of each other.

If you want to drive over 80 find a race track.
spqrzilla
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Posted: 7/3/2012 12:05:31 PM
Serious traffic offenses require the defendant to be serious. Hire counsel.
brickeyee
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Posted: 7/3/2012 1:01:30 PM
Originally Posted By spqrzilla:
Serious traffic offenses require the defendant to be serious. Hire counsel.


§ 46.2-868. Reckless driving; penalties.
A. Every person convicted of reckless driving under the provisions of this article shall be guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.

(Code 1950, § 46-210; 1950, p. 691; 1952, Ex. Sess., c. 16; 1958, c. 541, § 46.1-192; 1962, c. 302; 1970, c. 337; 1980, cc. 29, 221; 1989, c. 727; 2004, c. 349.)

The court will urge anyone charged with reckless to return with an attorney, though you can sign a waiver since reckless is a class I misdemeanor (at least).


§ 18.2-11. Punishment for conviction of misdemeanor.

The authorized punishments for conviction of a misdemeanor are:

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
BushBoar
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Posted: 7/3/2012 1:38:38 PM

Originally Posted By learath:
Originally Posted By RenegadeX:

Originally Posted By Intune69:
Originally Posted By Kitulu:
I was on the way from VA to Florida, running with traffic, and got pulled over by the State Patrol and given a ticket for 82 in a 70, with the offense described as in the title.

The trooper said that I could just call the number and pay a fine, but I have been reading a few horror stories on the net about huge fines, jail time, and suspended licenses. How fucked am I?

I have a Florida license and registration, and so far as I know I have a clean driving record. Should I retain a lawyer in VA to fight it? Either way, me driving all the hell the way to VA from Ft Campbell in August for a court appearance would be difficult.

If I need a lawyer, anyone have a recommendation? I was planning on calling the number tomorrow to get more info on the fine, at al.

82 in a 70 is reckless driving?

They just want the money. Try calling to see if you can get it reduced (points on ins.) Send it & be done with 'em.

Virginia hates autos & driving it's subjects. Changing lanes without signaling, even if you are the only one on the highway, is reckless driving in Virginia.

In this case, anything over 80 is reckless. Lots of people are getting dinged, since the raised the speed limit to 70, but did not raise the reckless limit.


Fixed.

I'll trade you my state government for yours. Deal?
Suos Cultores Scientia Coronat

"But it does me no injury for my neighbour to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg." - Thomas Jefferson, Notes on the State of Virginia, 1782
Aimless
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Posted: 7/3/2012 1:40:23 PM
Yikes!
http://palmettostatearmory.com/index.php/featured/aimpoint-patrol-rifle-optic-and-black-rear-mbus.html includes MBUS and shipping $ 400
Bubbles
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Posted: 7/3/2012 1:59:54 PM
Originally Posted By BushBoar:
I'll trade you my state government for yours. Deal?

Naw, I'd rather keep my RKBA and keep my foot off the hammer.
Heller II - Challenging DC's bans on semi-automatic rifles, large-capacity ammunition feeding devices, and its onerous and expensive handgun registration process. http://www.HellerFoundation.com/
spqrzilla
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Posted: 7/3/2012 2:15:03 PM
Brickeye, not uncommon. It can be charged as such here too.
Kitulu
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Posted: 7/3/2012 3:54:36 PM
Originally Posted By davewvu86:
Sent you a PM.


Replied, and appreciated!
"You see? It's like I've always said: "You can get more with a kind word and a two-by-four than you can with just a kind word." - Marcus Cole
Kitulu
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Posted: 7/3/2012 3:56:42 PM
Originally Posted By spqrzilla:
Serious traffic offenses require the defendant to be serious. Hire counsel.


Already retained a lawyer. Fortunately, most, if not all, of the traffic lawyers in VA will represent an out-of-state driver without us having to come back to VA to go to court. Given the plethora of websites that pop up from lawyers who specialize in the field, it almost seems like a money-making racket dreamed up between the lawyers and the Commonwealth...but that is a subject for another thread.
"You see? It's like I've always said: "You can get more with a kind word and a two-by-four than you can with just a kind word." - Marcus Cole
Kitulu
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Posted: 7/3/2012 4:01:29 PM


If you want to drive over 80 find a race track.


You know, the weird thing is that I had the cruise control set to 80, and I was running with the flow of traffic. I was not weaving in and out, tailgating, or otherwise driving in a reckless manner. What I think happened was that I was in the left lane and rolling downhill. For some reason, my car will not slow down, or kick down a gear to slow down, until the speed climbs up 5mph over where it is set at. Or my speedometer is slightly off since I replaced the stock cluster with one from a 300M...but it is plug-and-play so that should not be a contributing factor.
"You see? It's like I've always said: "You can get more with a kind word and a two-by-four than you can with just a kind word." - Marcus Cole
Kitulu
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Posted: 7/3/2012 4:55:43 PM
Originally Posted By spqrzilla:
Brickeye, not uncommon. It can be charged as such here too.


You know, that was the other thing that really, really irritated me about the whole thing. The trooper flat out told me that all I had to do was pay the fine, just like it was any old speeding ticket. Had I not done the research, I would have paid the $206 and been fucked later on down the line.
"You see? It's like I've always said: "You can get more with a kind word and a two-by-four than you can with just a kind word." - Marcus Cole
davewvu86
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Posted: 7/4/2012 12:25:54 AM
Originally Posted By Kitulu:
Originally Posted By spqrzilla:
Brickeye, not uncommon. It can be charged as such here too.


You know, that was the other thing that really, really irritated me about the whole thing. The trooper flat out told me that all I had to do was pay the fine, just like it was any old speeding ticket. Had I not done the research, I would have paid the $206 and been fucked later on down the line.


Never trust anything a cop says, especially legal advice.
dbrowne1
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Posted: 7/6/2012 8:57:24 AM
Lets just say there is a lot of dust on my speedometer on the far side of 80. The VSP love to write reckless tickets for 81+ mph.
As a general rule, I'm always wary of total strangers who have the authority to totally ass-rape my life - runcible
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Posted: 7/13/2012 10:01:02 AM


Thanks... I've learned something I probably should have already known.
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Posted: 7/13/2012 11:55:38 AM
Originally Posted By Kitulu:
there is more evidence of a conspiracy between the Communistwealth of Virginia and the local bar association...in my stack of mail waiting for me when I got home was a solicitation from a legal firm...not just a letter, but a full brochure. the enclosed letter started off with "we noticed that you had recently received a reckless driving by speed ticket...CALL US before you pay it!!!!"

No conspiracy there, the info about your speeding ticket is public information. Bottom-feeder attorneys regularly pull it from the court system and send out those letters in an attempt to get your business.
Heller II - Challenging DC's bans on semi-automatic rifles, large-capacity ammunition feeding devices, and its onerous and expensive handgun registration process. http://www.HellerFoundation.com/
Repents
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Posted: 7/13/2012 1:59:36 PM
You might also be getting Online drive school offers in the mail if that is an option. Don't know if you can do the school since your license is from a different state.
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Posted: 7/13/2012 9:03:17 PM
Originally Posted By Bubbles:
Originally Posted By Kitulu:
there is more evidence of a conspiracy between the Communistwealth of Virginia and the local bar association...in my stack of mail waiting for me when I got home was a solicitation from a legal firm...not just a letter, but a full brochure. the enclosed letter started off with "we noticed that you had recently received a reckless driving by speed ticket...CALL US before you pay it!!!!"

No conspiracy there, the info about your speeding ticket is public information. Bottom-feeder attorneys regularly pull it from the court system and send out those letters in an attempt to get your business.


I wouldn't call them bottom feeders; I'd call them the majority of criminal and traffic defense attorneys. Most people accused of crimes are not sophisticated consumers. They're unlikely to use the internet to look for a lawyer. They use a public defender, ask their former public defender for a referral, ask their friends for a referral, or respond to direct mailers. Very few criminal defendants rely on the internet to find an attorney. Many of the more sophisticated defendants are also unlikely to reveal their alleged crimes to their friends and are embarrassed to ask for referrals, leaving them to respond to direct mail or use the internet.

A criminal or traffic defense attorney that wants to make money will develop a multifaceted marketing plan that incorporates the most cost effective measures, including direct mail.
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