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Old 10-19-2010, 04:40 AM
 
Location: Metro Washington DC
15,410 posts, read 25,728,569 times
Reputation: 10424

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Quote:
Originally Posted by Bigfoot424 View Post
If you got a car number you can always file a complaint with a supervisor.
Wasn't able to do that because I was concentrated on keeping us on the road. We'll just have to consider it a learning experience for her.
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Old 11-03-2010, 11:32 PM
 
2 posts, read 6,611 times
Reputation: 10
I would like some help or insight in my situation,

I was convicted of reckless driving earliar this week in charlottesville virginia, I had an attorney i was going 49 in a 25 mph zone on a charlottesville road in my parents vehicle which i rarely drive but had to because i needed to drop off my cousin at school and my car was in the mechanics shop. My parents have not used this particular car in months but i felt something was fishy with the speedometer. Anyways once we get to charlotesville i get pulled over by a police officer whom asked me how fast i thought i was going I said i was pretty sure i was only going 40 sir or something along those lines anyways he let me know that i was going to fast (49 mph) in a 25 zone so he issued me a reckless driving ticket. I contacted a lawyer immediately as i thought something was definately wrong with my vehicle he told me his fees and i retained him. I got a speed calibration done and it showed my speedometer to be off by 18 percent due and they told me it was due to a speed sensor going bad. I got the car fixed and sent the notarized papers to my lawyer I also sent him my driving record as i have no previous speeding violations. Anyways he told me i did not have to be present for the court date so i stayed at home earliar this week when my court case was, anyways long story short the judge according to my attorney and virginia case information had found me guilty of reckless driving, but only fined me $120 bucks (which my lawyer said i was pretty lucky) plus court fees, but now for me i have to deal with having this charge on my driving record for 11 years im fairly upset with my lawyer as he charged me 1000 bucks and im very short on cash at this time due to it since im a recent college grad whose partially employed as a substitute teacher in fairfax county. My friend is in his 2nd year of law at UVA and he told me to file an appeal immediately, the cheapest lawyer ive found to handle this is $2500 bucks, my friend told me to then appear before the circuit court without counsel because for law school he has had to sit in many cases like this and with my driving record and the FACT that the speed calibration proved a faulty speedometer in the circuit court they would most likely reduce the charge.
My question is does a speed calibration really matter at all in this instance i know many people have gotten their charges reduced with a lawyer but this was most likely in general district court i wish i could afford a lawyer to handle my case but nobody will look at it for a reasonable price although all of the ones whom ive spoken to have advised me to appeal and im definately not using the turd that handled my case in the general district court. Is it even worth it for me to appeal without a lawyer?? or will i just get chewed up and spit out by the circuit court and with more fines to pay then just the 120 bucks the district court judge imposed..??
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Old 11-04-2010, 06:18 AM
 
Location: Metro Washington DC
15,410 posts, read 25,728,569 times
Reputation: 10424
$120? Sounds like the lawyer did his job. Well, except for telling you that you didn't need to be in court.
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Old 11-04-2010, 04:28 PM
 
1,304 posts, read 2,418,262 times
Reputation: 1214
Quote:
Originally Posted by dkf747 View Post
$120? Sounds like the lawyer did his job. Well, except for telling you that you didn't need to be in court.
Did you miss the part where he was charged $1000 and the lawyer couldn't even get the reckless charge dropped? Sounds like the world's worst traffic lawyer to me. He probably would have actually saved money if he had just plead guilty to start with!

I would appeal and see if you can make a deal to plead guilty to speeding, but get the reckless charge dropped.

What is your driving record like? You say clean, but it is absolutely unheard of for someone with a clean record AND lawyer AND a speedometer that was off to not be able to get a reckless dropped. What are you not telling us?
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Old 11-04-2010, 04:39 PM
 
2 posts, read 6,611 times
Reputation: 10
Quote:
Originally Posted by boyd888 View Post
Did you miss the part where he was charged $1000 and the lawyer couldn't even get the reckless charge dropped? Sounds like the world's worst traffic lawyer to me. He probably would have actually saved money if he had just plead guilty to start with!

I would appeal and see if you can make a deal to plead guilty to speeding, but get the reckless charge dropped.

What is your driving record like? You say clean, but it is absolutely unheard of for someone with a clean record AND lawyer AND a speedometer that was off to not be able to get a reckless dropped. What are you not telling us?
THats the absolute truth, My driving record is clean in terms of speeding violations when i was 18 i did accidently pass a red light and got pulled over for that I had to take a drivers improvement clinic, but other then that I havent had any traffic violations..ive never been in trouble with the law in terms of non traffic related crimes I swear if i was in my car which i keep maintained extremely well i would not have gotten this i was sure i wasnt going as fast as the police officer said (according to my speedometer which the speed calibration showed to be off) im so upset about this i filed a notice of appeal the courts clerk told me in circuit court it would be a completely new trial and nothing that happened in the general district court would matter. I am however 1000 bucks short on cash for a lawyer since my previous one ate the cash up without getting my charge reduced, I have a very good friend of mine whom is a 2nd year law student at UVA he advised me that i should very definately appeal in this situation and show all evidence as to why you were speeding, he said hes been at the circuit court many times to take case notes for his classes and has also like boyd888 seen reckless driving tickets with speed calibrations showing defective equipment to either be brought to a "defective equipment charge" or a lesser speeding infraction.

I also was not present in court on my court date because my lawyer said he could go in my place....not sure if that has anything to do with it, ive actually pretty much made up my mind and banked on the fact that i cant afford the 2500 for a lawyer im going to read up on as much virginia traffic law and rely on my friends in law school to help me out with this one...with my driving record i dont expect to get my liscense suspended on this charge which for me doesnt really matter since i dont even drive when im at home i use public transportation so im going to appeal solely to try and get the charge reduced and not have a misdameanor driving charge on my record. If they charge me more in fines and suspend my liscense because its at the circuit court level so be it im not going to let this stray without a fight.
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Old 11-05-2010, 10:59 AM
 
Location: Metro Washington DC
15,410 posts, read 25,728,569 times
Reputation: 10424
Quote:
Originally Posted by boyd888 View Post
Did you miss the part where he was charged $1000 and the lawyer couldn't even get the reckless charge dropped?
I didn't miss that. I'm not sure you can blame the lawyer being bad without all of the facts.
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Old 11-05-2010, 06:11 PM
 
Location: Alexandria, VA
15,129 posts, read 27,678,394 times
Reputation: 27204
Explain "passing a red light"? Meaning RAN a red light?
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Old 11-26-2010, 02:29 PM
 
2 posts, read 6,376 times
Reputation: 10
I recently got clocked going 85/60 and given a reckless driving ticket summons in Madison Co., VA. Reading a lot of the previous posts has been extremely helpful. When I first got my ticket I didn't even know if I had to show up in court.

I've been beating myself up a lot over this and am not entirely sure what to do other than show up to court, be well dressed, and very courteous. I want to try and get the judge to knock it down from reckless to a normal speeding ticket. I am still waffling between whether to get a lawyer or not. I am leaning towards no as my record has one other speeding ticket that was 76/65 about 5 years ago. How are my chances going in there early and trying to make a deal with either the LEO or CA? Is my recent idiotic mistake bad enough that I won't have much of a shot all by my lonesome?

Any further advice is more than welcome.
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Old 11-26-2010, 02:35 PM
 
Location: Virginia-Shenandoah Valley
7,670 posts, read 14,200,228 times
Reputation: 7464
Quote:
Originally Posted by BigTurkey2010 View Post
I recently got clocked going 85/60 and given a reckless driving ticket summons in Madison Co., VA. Reading a lot of the previous posts has been extremely helpful. When I first got my ticket I didn't even know if I had to show up in court.

I've been beating myself up a lot over this and am not entirely sure what to do other than show up to court, be well dressed, and very courteous. I want to try and get the judge to knock it down from reckless to a normal speeding ticket. I am still waffling between whether to get a lawyer or not. I am leaning towards no as my record has one other speeding ticket that was 76/65 about 5 years ago. How are my chances going in there early and trying to make a deal with either the LEO or CA? Is my recent idiotic mistake bad enough that I won't have much of a shot all by my lonesome?

Any further advice is more than welcome.

I've never been to the Madison Co courthouse so don't know how to answer that one. I wouldn't even be surprised if they didn't have a CA in the courtroom for traffic but again, I don't know. You have nothing to lose by getting there early and trying this then asking for a continuance for an attorney if you're not happy with the answer.
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Old 11-26-2010, 02:57 PM
 
2 posts, read 6,376 times
Reputation: 10
Quote:
Originally Posted by Bigfoot424 View Post
I've never been to the Madison Co courthouse so don't know how to answer that one. I wouldn't even be surprised if they didn't have a CA in the courtroom for traffic but again, I don't know. You have nothing to lose by getting there early and trying this then asking for a continuance for an attorney if you're not happy with the answer.
That sounds like a good way to go about it. If they don't have a CA, then who else could I talk to if I can't get a hold of the officer who stopped me? Also, if I can't find either prior to the trial, would pleading not guilty and trying to convince the judge into lessening the sentence be a good idea?
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