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Old 04-17-2011, 09:27 PM
 
12 posts, read 58,615 times
Reputation: 10

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I was driving on I 495 under heavy rain and thunderstorm. My car slipped and ran into an accident hitting and damaging the water barricades on highway exit. (There was tornado warning, I learnt later.) I was driving slow and much less than the speed limit. I called police. The officer gave me virginia uniform summon for violating 46.2.861 (driving too fast under road conditions). I have been driving for few months and so far had safe record. Not sure what to do, Please if you have any experience, give me directions. This experience is freaking me out.
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Old 04-18-2011, 01:54 AM
 
Location: Virginia-Shenandoah Valley
6,597 posts, read 10,913,039 times
Reputation: 5626
While he or she may be technically correct (driving too fast for conditions) as evident by your wreck I would still go to court and plead not guilty. If the trooper did not witness the accident and you didn't make incriminating statements then he can only testify to there was a wreck.
If the judge finds you guilty I would bet it will be to a reduced charge. Or you can hire a lawyer and ask for help from them.
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Old 04-18-2011, 03:15 AM
 
Location: Manassas, VA
1,559 posts, read 3,189,155 times
Reputation: 839
Yes. Go to court. If the accident wasn't witnessed, it is his word against yours....and since he didn't witness it either, there is no evidence you were guilty. I can only think that the ticket will be thrown out if you go to court. That is absolutely ridiculous. I wouldn't bring up the fact that there was a tornado warning though (because that has nothing to do with what the conditions actually were). Just say what those were at the time you were driving, write them down now so you won't forget and then save it for the judge. Then you can bring up the fact that there was general severe weather in the area for that time period.
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Old 04-18-2011, 08:00 AM
 
2,980 posts, read 3,737,241 times
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you can go to court and plead not guilty, but honestly i don't know if it will do you any good.

i've gotten a ticket tossed out of traffic court before but i had to get a notarized statement from a witness and present my case to the judge. she ruled it a "tie" and a tie went in my favor.
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Old 04-18-2011, 11:25 AM
 
12 posts, read 58,615 times
Reputation: 10
Thanks for your opinions.
I am recent college graduate student and really unable to afford expensive lawyers. My car is ruined already and the water barricades were damaged.
I am still after shock after the accident and for receiving ticket for violation of Virginia code 46.2-861 - Driving too fast for highway and traffic conditions (A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.) Penalty: Criminal Class 1 Misdemeanor Criminal charges carrying possibility of Up to one year in jail, and/or up to $2,500 in fines. Reckless driving carries the possibility of a suspension of driving privileges for up to 6 months. Conviction remains on permanent record history for 11 years.

ANYONE HAS ANY EXPERIENCE GOING TO THE SUMMONS? PLEASE HELP!
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Old 04-18-2011, 11:55 AM
 
Location: Virginia
18,717 posts, read 26,938,661 times
Reputation: 42862
You will find lots of helpful info in this thread

Official Reckless Driving Thread
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Old 04-18-2011, 02:46 PM
 
Location: Virginia-Shenandoah Valley
6,597 posts, read 10,913,039 times
Reputation: 5626
Quote:
Originally Posted by anardana View Post
Thanks for your opinions.
I am recent college graduate student and really unable to afford expensive lawyers. My car is ruined already and the water barricades were damaged.
I am still after shock after the accident and for receiving ticket for violation of Virginia code 46.2-861 - Driving too fast for highway and traffic conditions (A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.) Penalty: Criminal Class 1 Misdemeanor Criminal charges carrying possibility of Up to one year in jail, and/or up to $2,500 in fines. Reckless driving carries the possibility of a suspension of driving privileges for up to 6 months. Conviction remains on permanent record history for 11 years.

ANYONE HAS ANY EXPERIENCE GOING TO THE SUMMONS? PLEASE HELP!
Not sure what else we can give you. Follow the advice and good luck.
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Old 04-18-2011, 04:03 PM
 
Location: Metro Washington DC
13,117 posts, read 19,974,373 times
Reputation: 7738
Quote:
Originally Posted by vermonter16 View Post
I wouldn't bring up the fact that there was a tornado warning though (because that has nothing to do with what the conditions actually were). Just say what those were at the time you were driving, write them down now so you won't forget and then save it for the judge. Then you can bring up the fact that there was general severe weather in the area for that time period.
I drove through the same storm. It was pretty bad. I think it's relevant.
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