Back story...

I'm in a rental car otw from NC up to Fredricksburg VA via I95 to pick up a new vehicle for my wife. It's myself, my wife, and two children in car seats in the back.

Was in cruise control at about 70mph on I95 North and had a slower 18 wheeler in my lane that my vehicle in cruise control was gaining on. I moved over to left lane and accelerated to pass the truck. As I'm passing the truck a police vehicle comes into view running radar ahead. As I pass the police vehicle it immediately pulled out and turn on its lights. I assumed it was coming for me so after gaining a safe distance from the truck I pulled over and waited for the police vehicle who was still behind the truck a short distance back.
Sussex County Sheriff Sgt approached car and asked for license and registration (in my case rental agreement). After I provided them he stated I showed you at 82 in a posted 70 mph zone, I will be back with your ticket. A surprisingly very short interaction. He returned a few minutes later, had me sign for the summons and advized me to call the number on ticket if I had questions. That was the entire encounter.

Now I'm stopped at a rest stop a short distance further up I95 changing diapers, feeding kids, and reading about my +12mph speeding ticket and I notice that I've been charged with reckless driving, a misdomeanor criminal offence.
This is the first timer I've ever been charged with any type of criminal offence so I'm pretty taken back by this.

Can anyone provide any advice as what to expect, or what my next best course of action should be?

Thank you.

Prepare to lawyer up  

You need to contact a Virginia reckless driving attorney as soon as possible because it is a criminal charge.  Also the lawyer might be able to see if it’s possible for you to waive your appearance in court or not if that's your fancy.  Sorry for your bad luck OP.  But it's pretty serious.  



http://www.recklessdrivingvirginia.com/consequences-defenses/reckless-driving-out-of-state-drivers/

Keep us posted OP.

Holy shit.

Thank you for the information.

We just moved to NC from NJ about two months ago. Have been enjoying the change in lifestyle and have my NC CCW application pending.
Now I'm facing a criminal charge for passing a truck.

Wow.
Glad I looked into this, I was going to just pay the ticket online. That would have landed me a misdomeanor criminal history and suspended my NC license.
My employment requires clean criminal record. Very well may have cost me my job.

My world would have been fucked real fast.

Will lawyer up ASAP

Again thank you very much for the info.

Never Speed in VA - Part 1

Never Speed in VA - Part 2

Sorry 95 near the Va NC border has been a speed trap for many years, unfortunately 80+ or 20 over is reckless.  Since you're close, get a good lawyer and you maybe able to get it knocked down to less then 80 or reckless.  You will be contacted by a bunch of lawyers once its posted to the system.

Have the lawyer talk to the Commonwealth Attorney aka DA in other areas and see if they can work something out.  Hopefully you have a clean record and probably have to goto driver school.  Wear a suit to the hearing and yes sir, yes or ma'am, etc.

Lawyer up and go to court. Anything 20 over the speed limit is reckless and anything over 80 is reckless.

VA hates cars. The fact a Sgt is running radar tells you how much they hate them. Or as others say, how much they love the revenue, and of course the lawyers who defend it like it too. It is a racket.

The bottom line is do not speed, no matter how dangerous driving the speed limit is.

Every cop I know tells me that they hate VA troopers.

Wasn't a VA Trooper that wrote the ticket.

And yeah VA speeding laws suck, especially with the 80 MPH Reckless and 70 MPH speed limits.

[Deleted]

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I'm a LEO in Hampton Roads, and I can confirm this.

I've met exactly TWO cool troopers.

Ah, copy.  Reading...

I agree on VA speeding laws.  One of the many reasons I drive an old truck.

They'll never know you have it. I consider it necessary counter-surveillance.

In before someone mentions radar detector detectors. Pshaw!

And the penalty for having one is far less than a reckless driving charge. It's a worthwhile trade-off.

Not sure of your past driving record, but I'll share this experience in the hopes it helps.
In August my 18 year old daughter got her first ticket on I81 going 22mph over the posted limit. She took it upon herself to sign up for a DIP class and attended before her court date. She then appeared before the judge with proof of attendance and the charges were dismissed with a stern warning from the judge that this was her "one chance". He did laugh at the fact that she went to the DIP class before being ordered to do so by the court, saying it was "unusual".
She ended up paying court cost and it didn't go on her record.
I'm not sure if this is standard procedure or if they just showed her a bit of compassion for being young, but it might be worth your effort to look into it.

Welcome to Virginia and its retarded reckless driving law ... I've beat 2 since moving here 12 yrs ago get a lawyer .....

I hope the mods won't mind:

The lawyer I used

I got nabbed some time ago - my old truck was in the shop and my rental car was somewhat... fast.  

Called this lawyer, talked on the phone. Paid a reasonable fee. I didn't have to take off work to go
to court - this was a big deal due to the nature of my job. Had to take a driving class and pay court
costs - no points or anything on my record.

I have no connection to the law firm except as a customer.

-Warren-

I had the pleasure of meeting and having a few short convos with Trooper Amburgey before his passing. Really laid back guy.

Now really I'll give you some advice for the future, the second you get into va and before you hit emporia, back it on down to 75. They like to play the "write more tickets get more money" game along that stretch. Worst I've seen wasnt even on 95...but heading to it the back way down through Seaboard NC on 186 , they like writing any ticket they can, bogus or legit...

Yeah, Emporia writes for 1 over. I understand it's technically breaking the law, but you have the letter of the law, and the spirit of the law.

I highly doubt that Emporia PD doesn't go at least one over everywhere they go.....which means they're hypocritical.

I would suggest turning off cruise control when passing an 18 wheeler if you have little kids in the car and have to go over 80 to pass.   Virginia is a pain in the ass but usually only nail those going faster than the flow of traffic

Sounds like you were the solo speeder

Pay the lawyer, consider it a tax for going over 80.

Next time set your cruise on 75 if you are running by yourself on 95

I do 70 in a 70 in VA. Fuck that ticket.

A buddy of mine specializes in traffic law, but he's up in F-burg.

Advice:

If you're in cruise control and catching up to a vehicle in front of you, you do not need to further accelerate, as you are already going faster than the vehicle in front at your current speed and will pass it anyway.

I remember when you were still stationed in SK. Sounds like you are local again and playing Johnny Law. Stay safe out there and dont taze me bro!

OP, don't be too worried - if you have a clean record you can most likely get it reduced to normal speeding.  You absolutely need a good lawyer and will most likely be ordered to take an in-person safe drivers class, but you can probably get the RD reduced and just pay fines.  Make sure and tell the lawyer that a RD conviction will get you fired from your job.  Lots of cops in VA will write you for 79 in an 80 to avoid the RD ticket.  Your cop was a dick, sorry.

This.

Been there, done that, got the t-shirt.

Have twice had big rig tires explode in front of me on highway. One I swerved to avoid, the other flew over my roof. On a third occasion an unidentified object fell off of a truck, bounced off the road and took off my driver's side mirror. A good friend of mine got pinned between a big rig and a concrete highway divider when the tractor changed lanes without looking. I've also been forced into the shoulder when a dump truck changed lanes without looking.
My father used to drive long distance for a living for several trucking companies. He has many times advised me to keep away from trucks. You don't know how much pressure those tires are under and what their condition is. You also don't know how good the driver is or how long they have been behind the wheel that day.

Add all that together and I've developed the practice of not staying behind trucks if at all possible, and making my passes as quickly as possible to avoid time traveling next to them. Especially when my entire family is in the vehicle.

Anyway everyone has different outlooks and experiences.
Mine have lead me to take these precautions.
Unfortunately it bit me in the rear that day.

Thanks for the tip though...

Prosecutor from nowhere near where you got your ticket...

Google a few lawyers in that area, shouldn't be more than $500 at the most, any attorney worth his shit should get that into a speeding ticket easily. See if he can have you give him authorization (you don't actually need to appear for a traffic ticket, so if the charge is amended down he can handle it with the authorization and then you'd go in online after and pay the fine) if that court allows it.

I don't know how it works in that jurisdiction, but 82/70, I'd typically do either a 3 point highway sign for $150 or 3 or 4 point speeding for $100. YMMV...

Thanks man.....and yeah....LE is quite the experience.

Anything over 80 is reckless?  Hell.  I do that with my huge F350 and get passed like I'm standing still in the NOVA area.  Heading up to BWI to fly a trip its WORSE!  I better watch it.  Been using 80 as a set point!!  Damn!!!

Oh I'm sure it is depending on which city you are in. The Norfolk SWAT guys were at Home Depot last time I was there, they had the harbor patrol pickup loaded down with lumber. I asked if they were rebuilding the shoot house and one of them said "yeah, all the bullets keep tearing it up".

I'll bet you were pulled at mile marker 23.  Sussex keeps their taxes low with speed traps on I 95.  I feel like the state has even warned them and Prince George County sheriff's about the excessive number of tickets they write technically out of their jurisdiction (not really, but the state police have primary jurisdiction).

Our reckless laws are Fd up.  No one here has said this that I saw but you could be sentenced to up to 6 months in jail.  In the western part of the state you likely would be sentenced to jail and have some or all suspended.  The lawyer advice is good and while this sucks take this very seriously.

This statute needs to be changed but won't be. Good luck.

It's a bullshit law that will never be repealed as it's a revenue generator. Plus a lot of our state cops are dicks.
Rule #1 while traveling in Va, don't speed.

If you are ever on I 81 or I 77 in wythe county beware. Deputies make a lot of extra pay working over time to write tickets. You best not be more than 2 miles over the posted speed limit.

There is a notorious VA state trooper who looks for marked police vehicles coming home from DC area.  He loves to pull over Feds who want "officer courtesy."  Then he writes the biggest ticket possible.  Friend of mine who was driving home in his Capitol Police SUV was pulled over by him and givena ticket.  

Yeah, that is one thing I HATE about VA..  Gun laws are awesome but this whole reckless thing is crazy.  I already have one on my record from a different state.  So, I dont need another.  

My advice:  Request a jury since it is your right.  Then they will drop the criminal charge to a simple moving violation but still reckless.

Also, get an invisible radar detector. They are like $400.  Even though they are illegal in VA the fine for having one is only $100.  That is way cheaper than a reckless.  This is my next step.

The "nobody speeds in VA" thing is hogwash.  I drive 264 and 64 every day in Hampton Roads area.  It's a little slower here than back in NC, but it's definitely still speeding, and by a wider margin since we have insane interstate speed limits of 55.  I've gotten hit twice, but not for reckless.  Although now that I think back to the second one, he was sitting RIGHT at a speed drop and his lights were on before I passed him so that one I should have been able to beat or get reduced.  However since it wasn't reckless I just paid the fine online like an.... experienced speeder I know told me if you ever have the option to NOT go in front of a judge, TAKE IT.  Apparently traffic judges here have little dog syndrome.
As for radar detectors, I have a cheap one although it's kindof cheap, but they certainly aren't foolproof.  It false alarms all the fking time in this area due to the f-18s and military bases, and it won't save you from lasers.  It was on and mounted for the first ticket, I just turn it off and throw it in the back.  It claims to be invisible but it was only like $40.  If the trooper detected it, she didn't care.  A friend of mine who went to court for speeding heard in other cases that day that you're allowed to have them in your car out of reach since they are legal in surrounding states.    Mostly useful along 58 for the small town speed traps where they use good old radar.  It's saved me at least twice through there.  Once was probably only because the other driver near me was a complete moron though.  I'm 90% sure the cop that pulled out was after me.  I slowed down when I saw him and the guy in the right lane that I was passing didn't.  I casually started moving over, and the idiot still doesn't slow down and ends up basically touching my bumper with the cop behind him.  After like 2 miles the cop gave up on the guy behind me backing off and just pulled him over instead.  I've seen 3 cops with 5 cars pulled over between them in the space of a quarter mile near Emporia.
The one good thing about speeding in VA is they don't do the 'insurance points' bullshit like in NC where a speeding ticket can triple your insurance rates.

I got kicked off USAA insurance and speeding by family members was one of the factors.

I am also a victom of this speed trap.  I second all the same advice I have read here about speeding in south central VA, but would like to add something I learned the day I went to court for the statutory reckless (over 80) ticket.  

In Prince George county, it is the policy of the DA to deman one day in jail for 90 and one additional day in jail for every MPH over 90 and they do NOT bend on that.  I witnessed them push for jail time for a nusrsing student who would be expelled for time served as well as an Army Sgt. fresh back from the war and both had clean driving records.  With the girl in nirsing school sobbing, the judge ( who was from Chesterfield circut filling in) questioned the prosecutor if jail was nessesary to keep her from being expelled...he would not budge and she got 2 days behind bars.  

Do NOT go 90 or over for any reason in PG county.

I drive from NOVA to Raleigh every six weeks or so - can't even count how many times Waze has saved my butt from speed traps.

They can sniff out the V1 and they will.   Redline and i think redenso are the best for va.

I love my redline. Laser will still nail you.  Drive safe drive smart

What reason is there for going 90+?

As an Police Officer in Northern VA I can tell you that that guy was a dick.  He could have written that ticket as a speeding charge.  That being said if you have a bad driving record you might write reckless, but generally I try and reserve that for driving that is very egregious.  Like other's said get a lawyer they'll generally bargain the charge down to general speeding which is just a few points and a fine.  You can take driver improvement and that will give you +5 points on your record, and gives the lawyer something to bargain with, but it's not a huge deal.  Just talk to your lawyer.  I would be really surprised if you lost your license for that.

Yeah, I got tagged there while on cruise control at 75 in the 70. Cop claimed I was doing 80 but he'd cut me a break to 79.

He also claimed he knew I was speeding because I "slowed down" when I saw him. Which is true, as I was going down hill in the left lane and he had already stuck his nose out into the road from the emergency cut through with his lights on, and you're supposed to slow down and move over.

I figured it was the Mustang too.

Also, I found it entertaining that he bitched at me that I was "arguing" with him. Then after all that he wanted to waste my time by talking about Mustangs on the side of the road like we were friends or something.

The genius also managed to put the ticket in my wife's name, not mine.

Your right, that's exactly where I was pulled over.

Just wanted to say thank you to everyone for the advice.

I retained a lawyer who was able to represent me and had my required court appearance waved. I did not have to return to VA.
My lawyer was able to get my charge reduced to an equipment violation with $125 fine.
Lawyer retainer cost me $750.

Expensive experience, but at least I'm not a criminal and still have my licence.

Thank you all.

Great news, glad it worked out for you!

That is complete horseshit on their part.

Coworker was just telling me today her nephew is AD USMC coming up from NC and got popped for 87mph on 95 in Hanover county.  Cop didn't arrest him but judge gave him 3 days in jail and he almost got tossed from the USMC for it.  

Whats the point?  Is jailing speeders a money maker?  I would have thought in NET it costs VA money once the jailing costs are factored...

Glad it worked out for OP, but damn $750 for lawyer. 

Speeding is big business for many small towns and counties in Va, as well as Md, NC, etc.  

Not saying Va is right about reckless, but NC isn't much different - Reckless driving is classified in North Carolina as a Class 2 misdemeanor. You may face penalties including up to 60 days in jail and fines of up to $1,000. Not only can speeding land you in criminal court, it can also send you to jail. A reckless driving conviction may also result in 4 points on your driver's license.Aug 23, 2016.