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Old 09-24-2013, 05:50 PM
 
31 posts, read 47,018 times
Reputation: 19

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Hello everyone,

Need some help here please. I've had a clean drivers record for 10 years. While at work driving a shuttle van I got a speeding ticket 40 in a 30. She said she got me on radar.The ticket is $130. I also looked online and it said it comes with 4 demerit points.

I'm sweating this because of my good record and costs. Any idea what this will do to my insurance and should I fight it? How could it be fought anyhow?

You knowledge would be greatly appreciated!

Many Thanks
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Old 09-25-2013, 07:48 AM
 
15 posts, read 25,826 times
Reputation: 14
You can take a driver improvement course then go to court and ask for 6-months of probation. If you are a good driver, probation isn't a big deal. If you think you may get another speeding ticket within 6 months... I wouldn't advise probation.

Be proactive, don't argue with the judge, admit guilt, request 6 months of probation.
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Old 09-25-2013, 06:48 PM
 
440 posts, read 1,628,932 times
Reputation: 186
You most likely have +5 on your record anyway, so -4 points....you will still have a good record.

Honestly, I think the cop must have been having a bad day or is a new cop, because usually 10 over doesn't even get a cop's attention (at least here in Virginia Beach).

I received a ticket (43 in a 25 in Virginia Beach) a few years back. I printed out my driving record (had a +5 record) and presented it to the judge. He reduced the fine by half, but I still got the demerit points (-3). I'm back to +5 now, so it's not the end of the world getting demerit points.

As far as insurance goes, mine actually went down, I never saw an increase. YMMV.
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Old 09-26-2013, 12:20 PM
 
Location: Hampton Roads
3,026 posts, read 3,561,947 times
Reputation: 4381
I don't understand the need for "probation" for a speeding ticket? 40 in a 30 isn't reckless driving.

I'd pay the fine unless you felt like taking the day off of work to go to court. Either way, you'll get the demerit points, so I'd probably just pay the fine since +1 is still a good record.

You can do a driver improvement clinic to add 5 points to get back to your +5, but I don't think it's worth it to do that unless you were at negative points.
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Old 01-03-2014, 08:51 AM
 
21 posts, read 66,738 times
Reputation: 24
Dear all,

I drove down through Hampton to visit a friend in Virginia Beach on Xmas eve. I was pulled over by a cop and got a speeding ticket for 80mph on I-64 with speed limit of 60 mph. It was just speeding. He didn't write me reckless driving. I know in VA 20 miles over can be reckless driving, but I was not accused of that. If I were I would not hesitate but just to hire a lawyer. When I spoke with most lawyers what I heard most is just to reduce the amount - from 20 to 9 maybe, but it makes no difference in MA b/c MA doesn't differentiate these. I have confirmed with MA DOT and speeding is a minor violation of 2 points after Virginia sends this record to MA. In MA it's a minor violation of 2 point for speeding and no difference regardless of the miles over speed limit.

Massachusetts Point System - Driver's License Points & Traffic Ticket Penalties
Minor traffic violation (such as speeding): 2

The court time is 11am on Jan 8. The police officer said my speed was 76 mph when I passed him and reached 82. There were 3 cars that have passed me before he got me. I was shocked with how much lawyers in Hampton, Norfolk area charge for a speeding ticket, from $450, $600, $650 to $800. I wanted to go to the court myself. I have spoken with one attorney and he informed he found the officer would not show up but he would have to continue to a following date because he was not available. He would have to continue to a later date or I have to get a different lawyer. I am a bit tired of searching lawyers and most of them just say that they could reduce it to 9 miles over, which doesn't make much difference for MA. I would prefer to get this removed. I also found the police officer wrote a wrong date and day, he wrote Dec 23, Wed - which doesn't exist. I was in MA on Dec 23 and was in Virginia Beach on Dec 25 Wed. I feel pretty confident to give it a try to go to the court in the hope that the judge will dismiss the court. Now I need to decide if it's worth to fight the ticket. Well, my cost is just take one more day off plus the court fee if I don't hire a lawyer. The snow storm is pretty bad in Boston. I can also work remotely. B/C reducing the mileage doesn't make a difference in MA I will anyway get a 2 point on my record. The cheapest lawyer I found so far would charge me $300 per apperance in the court - if the cop doesn't show up and continue the case, second time $200, and then more. I just feel like if the cop doesn't show up I will have a good chance to dismss it.

Can anyone who has experience in Hampton VA recommend what is my best approach?

Thanks so much!
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Old 01-03-2014, 04:12 PM
 
5,563 posts, read 7,640,158 times
Reputation: 5829
What is the code on the ticket? Are you sure it's not reckless in VA anything 80 and over is reckless. If he wrote 80 on the ticket the judge may wonder what's up. I'd just pay it if it doesn't make a difference for your license.

From the DMV website
Quote:
VA doesn’t dismiss traffic tickets. Instead, it offers ”safe driving points” to offset any demerit points you might have accumulated on your driving record. If you hold a valid Virginia driver’s license, can earn five safe points in two ways:

Driving for one calendar year without any violations or suspensions
Completing a state-approved driver improvement clinic
The highest balance of safe driver points you can accumulate is five. You can earn these five every 24 months by completing a driver improvement clinic. See our page point reduction for more details.
Link
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Old 01-03-2014, 05:16 PM
 
21 posts, read 66,738 times
Reputation: 24
Yes I am pretty sure it's not reckless driving. The cop even said he didn't give me reckless driving. Reckless driving is not a category of violation in MA DMV site.

In MA speeding is a 2 point minor violation and it doesn't matter how many miles you are over. I wonder if I can get a pass for the first time "You get a free pass on the first non-criminal minor traffic violation, which will not be subject to a surcharge."

I kind of want to fight the ticekt because I don't have much to lose other than the court fee and I am here anyway. It's very likely the cop will not show up. One of the lawyers told me but he's not available and asked for a lot.

Do you think I have a chance of getting it dismissed if the cop doesn't show up and he wrote a completely wrong date-the date I wasn't in Virginia.

Surchargeable Point Schedule


The following surchargeable point schedule reflects point assignments in Massachusetts:
  • Major traffic violation (such as DUI): 5
  • Major at-fault accident (such as a claim over $2,000): 4
  • Minor at-fault accident (claim of $500 to $2,000): 3
  • Minor traffic violation (such as speeding): 2
You get a free pass on the first non-criminal minor traffic violation, which will not be subject to a surcharge. After that, the points start to rack up.


Quote:
Originally Posted by Spazkat9696 View Post
What is the code on the ticket? Are you sure it's not reckless in VA anything 80 and over is reckless. If he wrote 80 on the ticket the judge may wonder what's up. I'd just pay it if it doesn't make a difference for your license.

From the DMV website


Link
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Old 01-03-2014, 05:58 PM
 
5,563 posts, read 7,640,158 times
Reputation: 5829
Traffic court here is no joke, and I wouldn't bet the officer won't show. Let us know what happens I'm interested to hear.
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Old 01-03-2014, 09:49 PM
 
21 posts, read 66,738 times
Reputation: 24
I guess you are right. I saw more people got pulled over in VA since I drove down...My friends from VA told me cops target other states' license plates and profit on speeding tickets. I guess lawyers also thrive on these - they charge more than three times of what I paid for my last traffic ticket in NC. I moved from Raleigh to Boston last year. In MA the judge would give you a break for the first time. Guess will never get this break in VA... Such is life!

You get a free pass on the first non-criminal minor traffic violation, which will not be subject to a surcharge. After that, the points start to rack up
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Old 01-04-2014, 11:21 PM
 
Location: Bronx, NY
4,462 posts, read 8,204,778 times
Reputation: 5491
VA is the worse....
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