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Posted: 8/29/2015 3:05:38 PM EDT
[#1]
If you don't want a misdemeanor on your record, lawyer up. If you don't care, pay the ticket.
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Posted: 8/29/2015 3:07:22 PM EDT
[#2]
Don't hold me to this, because it's possible I'm not remember this correctly. I believe the person issuing the ticket has the option to make it reckless driving or just speeding. I'm sure one of our LEO/Lawyers will be along to confirm or deny this.
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Posted: 8/29/2015 3:21:05 PM EDT
[#3]
The ticket is classified reckless driving on the ticket I got. I'm thinking I'm screwed and going to have to lawyer up. :(
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Posted: 8/29/2015 3:51:57 PM EDT
[#4]
Which county?
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Posted: 8/29/2015 3:57:59 PM EDT
[#5]
Quote HistoryQuoted:
Which county? Spotsylvania |
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Posted: 8/29/2015 4:50:30 PM EDT
[#6]
I do not believe you can prepay a reckless ticket in VA since it's a misdemeanor criminal charge, as opposed to a citation.
So long as you have a clean record, there's a good chance you can negotiate it down to a speeding citation and traffic school. Get a lawyer. It'll cost more today, but save you money in the long run and hopefully keep a criminal conviction off your record. Most lawyers will do it on a flat fee that ranges from about $500 to $1,000. You're getting advertisements from the attorneys because your name showed up on an arrest list that they obtain from the court house. |
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Posted: 8/29/2015 5:18:50 PM EDT
[#7]
You're lucky you weren't cuffed and hauled in. I live 5 miles N of the Va border and hear of people getting arrested all the time for speeding.
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Posted: 8/29/2015 5:53:19 PM EDT
[#8]
I always thought you had to appear on a reckless charge. Maybe they changed that ? You'd think since it's easy to be over 80 on the interstate that Va would allow drivers from out of state to pay it online.
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Posted: 8/29/2015 7:40:34 PM EDT
[#9]
Quote HistoryQuoted:
You're lucky you weren't cuffed and hauled in. I live 5 miles N of the Va border and hear of people getting arrested all the time for speeding. 85/70 isn't getting you arrested absent some other serious issue. 90+ is where that starts. 100+ ... yeah, click-click. If it's a R/D charge then it's not pre-payable and you, or a lawyer, has to appear. I'd hire one in that case. It'll get reduced at a minimum. Get it knocked down to 79/70 and you'll pay ~$120 in fine/costs and 9 over won't even hit your insurance. |
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Posted: 8/29/2015 10:14:26 PM EDT
[#10]
'Officer discretion' was taken away a while ago.
IIRC it was when they added 80 to the reckless statute. You cannot pay a reckless ticket. Pay a lawyer. Your attorney may be able to make an appearance for you. At least in Virginia reckless allows an auto insurance company to immediately cancel your policy. At the very least they hit you with a 'supplemental premium,' AT 90 or so judges often order jail. As in you do not leave the courtroom. Failure to appear will get a bench warrant issued. It is a lot easier to catch folks with the license plate scanners running. |
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Posted: 8/30/2015 8:45:16 AM EDT
[#11]
Thank for the replies guys. I'll be contacting some attorneys tomorrow to see where to go from here. I really appreciate all of your help.
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Posted: 8/30/2015 2:11:31 PM EDT
[#12]
Quoted:
Got a speeding ticket on 95 going through VA. 85 in a 70. Cop said I don't have to show up at court date and to call number on summons. I've read that anything over 80 I'd reckless driving in VA how screwed am I? I got a bunch of solicitations from lawyers in the mail do I really need one or just pay the fine and be done? What is the exact charge, 46.2-??? |
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Posted: 8/30/2015 2:19:58 PM EDT
[#13]
Get a lawyer - you'll be glad you did.
I had a speeding ticket - not reckless driving, but close. I got a lawyer, paid them a nominal fee - something like ~$200, can't remember the exact fee. The lawyer got the ticket dropped, and I had to pay court costs and take an online traffic safety course. Court costs - $66. Online course - ~$50. Kind of a long drawn out pain in the ass, and I had to take a final test onsite in a UPS store. No points, no fine. No increased insurance costs. And I didn't have to go to court, so I didn't have to take off work - saved me a day's pay. IM me if you want the name of my lawyer. -Warren- |
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Posted: 8/30/2015 4:24:24 PM EDT
[#14]
Quote HistoryQuoted:
'Officer discretion' was taken away a while ago. They might still write you for a speeding infraction versus reckless if you're only a few MPH over the reckless threshold. |
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Posted: 8/30/2015 8:31:03 PM EDT
[#15]
Quote HistoryQuoted:
They might still write you for a speeding infraction versus reckless if you're only a few MPH over the reckless threshold. Quote HistoryQuoted:
Quoted:
'Officer discretion' was taken away a while ago. They might still write you for a speeding infraction versus reckless if you're only a few MPH over the reckless threshold. The "might" was removed when the law changed IIRC. |
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Posted: 8/30/2015 10:36:19 PM EDT
[#16]
Quote HistoryQuoted:
The "might" was removed when the law changed IIRC. Quote HistoryQuoted:
Quoted:
Quoted:
'Officer discretion' was taken away a while ago. They might still write you for a speeding infraction versus reckless if you're only a few MPH over the reckless threshold. The "might" was removed when the law changed IIRC. What law was changed and what changed in it to remove discretion to cite for speeding versus R/D? |
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Posted: 8/31/2015 12:31:32 PM EDT
[#17]
Quote HistoryQuoted:
What law was changed and what changed in it to remove discretion to cite for speeding versus R/D? Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
'Officer discretion' was taken away a while ago. They might still write you for a speeding infraction versus reckless if you're only a few MPH over the reckless threshold. The "might" was removed when the law changed IIRC. What law was changed and what changed in it to remove discretion to cite for speeding versus R/D? Over 80 was added explicitly to the reckless statute. Previously it read '20 miles over posted.' Even '19 or more over' for a while. § 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. http://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-862/ Reckless driving start at 48.2-862 Everyone should look through it once in a while as a reminder. |
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Posted: 8/31/2015 1:16:56 PM EDT
[#18]
Quote HistoryQuoted:
What is the exact charge, 46.2-??? Quote HistoryQuoted:
Quoted:
Got a speeding ticket on 95 going through VA. 85 in a 70. Cop said I don't have to show up at court date and to call number on summons. I've read that anything over 80 I'd reckless driving in VA how screwed am I? I got a bunch of solicitations from lawyers in the mail do I really need one or just pay the fine and be done? What is the exact charge, 46.2-??? Starts at 46.2-852 for General and goes up from there. I don't remember specifically which one RD by speed is. For clarification, RD is indeed a misdemeanor, but it's not a criminal misdemeanor. It's a traffic misdemeanor. There is no CCRE reporting (fingerprint/booking/criminal history) required for misdemeanors under the traffic code (with the exception of 46.2-817 Elude Police). |
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Posted: 8/31/2015 1:18:07 PM EDT
[#19]
Quote HistoryQuoted:
Over 80 was added explicitly to the reckless statute. Previously it read '20 miles over posted.' Even '19 or more over' for a while. It's not mandatory though. An officer has discretion to charge it as speeding, or as RD. Department policy may differ (VSP is going to issue RD), but it's by no means mandatory. Basically, two code sections have been violated at that point: speeding, and RD by speed. The officer may choose which of the two to write, or may choose not to write either. He may also choose to write other code sections that might apply instead, such as 'Failure to Obey a Highway Sign'. There are many ways to skin a cat, and the officer may decide not to skin it at all. Officer discretion is absolutely still alive and well. |
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Posted: 8/31/2015 2:38:58 PM EDT
[#20]
Quote HistoryQuoted:
It's not mandatory though. An officer has discretion to charge it as speeding, or as RD. Department policy may differ (VSP is going to issue RD), but it's by no means mandatory. Quote HistoryQuoted:
Quoted:
Over 80 was added explicitly to the reckless statute. Previously it read '20 miles over posted.' Even '19 or more over' for a while. It's not mandatory though. An officer has discretion to charge it as speeding, or as RD. Department policy may differ (VSP is going to issue RD), but it's by no means mandatory. This. |
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Posted: 8/31/2015 8:50:32 PM EDT
[#21]
Had a deputy cite me for "failure to obey a traffic sign".
Yeah, the one that had the limit posted on it. So they do have ways of doing things if they want to. |
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Posted: 8/31/2015 9:46:29 PM EDT
[#22]
OP- On the left side of the summons, under where there are three check boxes for which court you are to appear in, there will be a line where the officer/Trooper wrote the code he cited you for. Should start with 46.2- but may have another series of numbers in parentheses (...) 46.2-XXX. What number is written after the 46.2? If it is 878 that would be general speeding and is pre-payable. The officer has the discretion to write an 80+ mph ticket as a general speeding ticket. That said, some departments take away that discretion by mandating that anything 80+ is RD.
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Posted: 8/31/2015 10:00:40 PM EDT
[#23]
Quote HistoryQuoted:
This. Quote HistoryQuoted:
Quoted:
Quoted:
Over 80 was added explicitly to the reckless statute. Previously it read '20 miles over posted.' Even '19 or more over' for a while. It's not mandatory though. An officer has discretion to charge it as speeding, or as RD. Department policy may differ (VSP is going to issue RD), but it's by no means mandatory. This. You go bet on it and tell us what happens. |
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Posted: 9/1/2015 10:32:44 AM EDT
[#24]
Quote HistoryQuoted:
You go bet on it and tell us what happens. That's kind of like telling me to go bet it all on black. It's stupid, but the point is, it could be red or it could be black. Absent some specific agency policy, the wheel isn't rigged by statute. |
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Posted: 9/2/2015 9:11:44 AM EDT
[#25]
Quote HistoryQuoted:
That's kind of like telling me to go bet it all on black. It's stupid, but the point is, it could be red or it could be black. Absent some specific agency policy, the wheel isn't rigged by statute. Quote HistoryQuoted:
Quoted:
You go bet on it and tell us what happens. That's kind of like telling me to go bet it all on black. It's stupid, but the point is, it could be red or it could be black. Absent some specific agency policy, the wheel isn't rigged by statute. Some people just don't know how it goes, man. |
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Posted: 9/2/2015 11:49:46 AM EDT
[#26]
As others have said - get a lawyer if charged with reckless driving.
VA's reckless driving law is part of the full employment for lawyers agenda .... You will likely get solicited by law firms via mail once your case hits public docket. If you get a decent lawyer he/she will likely be able to get it reduced to speeding or disobeying a highway sign. Judges are lawyers also - don't expect the Judge to give you a break if you show up representing yourself. |
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Posted: 9/2/2015 3:25:26 PM EDT
[#27]
Quote HistoryQuoted:
As others have said - get a lawyer if charged with reckless driving. VA's reckless driving law is part of the full employment for lawyers agenda .... You will likely get solicited by law firms via mail once your case hits public docket. If you get a decent lawyer he/she will likely be able to get it reduced to speeding or disobeying a highway sign. Judges are lawyers also - don't expect the Judge to give you a break if you show up representing yourself. The judge will make you sign a waiver if you try and represent yourself. Get a good enough lawyer on a crappy charge and it will be nol prossed. Been there. Right after my case was nol prossed the judge went off on the State cop. the judge made a public spectacle of counting the nol prossed violation at the bench. The CA had already killed 20+ charges. The judge lectured the cops for "creating disrespect" for the law and wasting the courts time. He directed the CA to write a letter of apology to every case nol prossed. She was to urge the people to file formal complaints against the cop and CC the judge. It was some of the best entertainment I had seen in a while. The cop looked like he had just sucked a lemon. The only thing better was the little sh*it that had missed his previous date twice. He was from Maryland. The judge ordered him to jail on the spot for 30 days. A sheriff walked up from the back and cuffed him. |
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Posted: 9/2/2015 8:42:46 PM EDT
[#28]
Quote HistoryQuoted:
You go bet on it and tell us what happens. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Over 80 was added explicitly to the reckless statute. Previously it read '20 miles over posted.' Even '19 or more over' for a while. It's not mandatory though. An officer has discretion to charge it as speeding, or as RD. Department policy may differ (VSP is going to issue RD), but it's by no means mandatory. This. You go bet on it and tell us what happens. You mean the countless times I personally chose to write speeding instead of RD for 20+ violations? Looks like I bet on it and can say with certainty that discretion still exists, and that it's the officer's choice which code section to use (department policy notwithstanding). ETA - I'm not saying you won't get a summons. You will. The question is whether the officer is REQUIRED BY LAW to issue RD, or if he has DISCRETION to issue speeding instead, writing the exact same numbers. The answer is that he has discretion, and it is regularly used. VSP is the main exception, as noted previously, and that is coming from the department not the law. |
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Posted: 9/2/2015 11:17:15 PM EDT
[#29]
Quote HistoryQuoted:
The judge will make you sign a waiver if you try and represent yourself. Get a good enough lawyer on a crappy charge and it will be nol prossed. Been there. Right after my case was nol prossed the judge went off on the State cop. the judge made a public spectacle of counting the nol prossed violation at the bench. The CA had already killed 20+ charges. The judge lectured the cops for "creating disrespect" for the law and wasting the courts time. He directed the CA to write a letter of apology to every case nol prossed. She was to urge the people to file formal complaints against the cop and CC the judge. It was some of the best entertainment I had seen in a while. The cop looked like he had just sucked a lemon. The only thing better was the little sh*it that had missed his previous date twice. He was from Maryland. The judge ordered him to jail on the spot for 30 days. A sheriff walked up from the back and cuffed him. Quote HistoryQuoted:
Quoted:
As others have said - get a lawyer if charged with reckless driving. VA's reckless driving law is part of the full employment for lawyers agenda .... You will likely get solicited by law firms via mail once your case hits public docket. If you get a decent lawyer he/she will likely be able to get it reduced to speeding or disobeying a highway sign. Judges are lawyers also - don't expect the Judge to give you a break if you show up representing yourself. The judge will make you sign a waiver if you try and represent yourself. Get a good enough lawyer on a crappy charge and it will be nol prossed. Been there. Right after my case was nol prossed the judge went off on the State cop. the judge made a public spectacle of counting the nol prossed violation at the bench. The CA had already killed 20+ charges. The judge lectured the cops for "creating disrespect" for the law and wasting the courts time. He directed the CA to write a letter of apology to every case nol prossed. She was to urge the people to file formal complaints against the cop and CC the judge. It was some of the best entertainment I had seen in a while. The cop looked like he had just sucked a lemon. The only thing better was the little sh*it that had missed his previous date twice. He was from Maryland. The judge ordered him to jail on the spot for 30 days. A sheriff walked up from the back and cuffed him. Was this in Alexandria GDC? If so, do you recall which CA? |
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Posted: 9/3/2015 8:54:36 AM EDT
[#30]
Quote HistoryQuoted:
... Right after my case was nol prossed the judge went off on the State cop. the judge made a public spectacle of counting the nol prossed violation at the bench. The CA had already killed 20+ charges. The judge lectured the cops for "creating disrespect" for the law and wasting the courts time. He directed the CA to write a letter of apology to every case nol prossed. She was to urge the people to file formal complaints against the cop and CC the judge. So the judge was pissed because his docket was clogged with R/D charges and they all got nol prossed? That part I get. But what would be the basis for a complaint against the cop? If I got popped for R/D and the cop was OK with nol prossing it, I don't think I'd be making any complaints about that, assuming it was a legitimate charge. |
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