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Old 07-24-2016, 11:23 AM
 
Location: New-Dentist Colony
5,738 posts, read 8,938,746 times
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Sorry to hear that, Christine.From everything I've read, he definitely won't be going to jail at that speed, and he most likely won't get his license suspended. But a lawyer can get the fine reduced based on his record, politeness with the officer, etc. That said, a lawyer I think would run him at least $500, so it might not be worth it at his speed.

Last edited by Carlingtonian; 07-24-2016 at 11:32 AM..
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Old 07-24-2016, 11:55 AM
 
Location: Virginia-Shenandoah Valley
6,553 posts, read 10,840,172 times
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Quote:
Originally Posted by boyd888 View Post
You would think someone this active on the forum would be aware of the giant reckless driving thread that is usually on the first page or two?

Anything over 80 (or 20 over) in VA can be written up as a reckless. Yes it is a stupid law in a state with 70mph limits. If your son was that polite and the cop wanted to give him a break he would have done 79/70 so don't think the officer did you any favors here. Not your friend or on your side. The fine you are going to get in court is $200ish. I would just hire a lawyer near the courthouse and be done with it.

I've never heard of the max $2500 fine in lieu of a trial. Even if you didn't show up to court and were tried in absentia the judge would likely only hit you with $500 depending on your record. These smaller towns must be hurting for revenue.
Christine. Same advice as I would have given. Please be careful listening to some of the advice on here and just hire an attorney. I would clarify with whoever you hire that they work well with the Commonwealth Attorney's office and maybe try and find one that worked at the CA's office. The officer gave no break from what you've described. He, the officer, has nothing to do with possible jail/fine as he's writing out the summons. The summons is written the same no matter what.

As far as VA and Reckless the below article came out last year and is interesting. This 80 plus or 20 over is a throwback to the days of when the speed limit was 55 on the interstates and even before that. I have a friend who is a state senator and he wants the law softened but he knows he will fight an uphill battle due to the law and order standing the republicans bring to the table.

Virginia 6th strictest for reckless driving - WTOP
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Old 07-24-2016, 11:59 AM
 
Location: Virginia-Shenandoah Valley
6,553 posts, read 10,840,172 times
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Quote:
Originally Posted by ChristineVA View Post
Thanks everyone for your comments.

Yes, in VA anything over 80 is an automatic reckless. You can also get a reckless going 20 mph over any speed limit. So 45mph in a 25 mph zone will get it.

What struck me was the max fine the officer wrote in, but I have not yet laid eyes on this ticket myself. But according to him it will be $2500 if he decides just to pay. My husband did just remind me that the back windows of the Honda Element were tinted because he used to use it for overnight camping when he did his triathalons. So apparently we are guilty on that score.

I just spoke to my friend who got the same type of ticket a few years ago in the same place (going to JMU). She ended up getting a local lawyer for $500 to have the reckless removed. She had never really had a prior ticket either and had been passing a truck. She said she passed the truck and didn't really realize she was going that fast and then got the ticket. When the officer wrote the ticket, she admitted she was speeding and didn't really try to plead her case because it never occurred to her it would be a reckless charge.
First off. For what has to be the 100th time. 80 over is not necessarily charged as RD. I wrote numerous 80 plus as just speeding and officers all over the state do the same thing. And I'll be surprised if he can pre-pay but even if this county allows it I don't see it being 2500.00. And the Tint ticket is by far the least of your concerns.
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Old 07-24-2016, 12:10 PM
 
10,596 posts, read 12,086,197 times
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Bigfoot--

Thank you for your input on this. I am hoping that once I get the ticket it will make more sense. He was pulled over trying to read it all to me and I told him to just forget it and get moving. I agree that it doesn't make sense about what he said about "giving him a break because he was being polite." I didn't detect much of a "break" either but he said something about "not suspending his license."

At this point, the real hard part will be finding a good attorney, which all I have to go on is the internet.
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Old 07-24-2016, 12:13 PM
 
Location: Northern Virginia
5,078 posts, read 5,344,717 times
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Quote:
Originally Posted by ChristineVA View Post
At this point, the real hard part will be finding a good attorney, which all I have to go on is the internet.
What county was he ticketed in? I have family in Shenandoah County, and if he was ticketed in that county I can get a recommendation for an attorney from them.
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Old 07-24-2016, 12:21 PM
 
7,926 posts, read 9,636,584 times
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Quote:
Originally Posted by ChristineVA View Post
Bigfoot--

Thank you for your input on this. I am hoping that once I get the ticket it will make more sense. He was pulled over trying to read it all to me and I told him to just forget it and get moving. I agree that it doesn't make sense about what he said about "giving him a break because he was being polite." I didn't detect much of a "break" either but he said something about "not suspending his license."

At this point, the real hard part will be finding a good attorney, which all I have to go on is the internet.
Christine - your son is an adult.....may I suggest treating him like one and letting him do the research on the attorney, implications, and options? No harm in you also knowing the options, but let this be a learning experience for him.

Mom won't always be there to find all of the answers.
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Old 07-24-2016, 12:29 PM
 
Location: Virginia-Shenandoah Valley
6,553 posts, read 10,840,172 times
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Quote:
Originally Posted by ChristineVA View Post
Bigfoot--

Thank you for your input on this. I am hoping that once I get the ticket it will make more sense. He was pulled over trying to read it all to me and I told him to just forget it and get moving. I agree that it doesn't make sense about what he said about "giving him a break because he was being polite." I didn't detect much of a "break" either but he said something about "not suspending his license."

At this point, the real hard part will be finding a good attorney, which all I have to go on is the internet.
My guess the officer/trooper made a comment that he would help in seeing his license would not be suspended. He/she can help out but ultimately the officers have little say. By going in and saying your son was polite is a way for the officer to soften the blow a little with the judge.
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Old 07-24-2016, 12:30 PM
 
Location: Virginia-Shenandoah Valley
6,553 posts, read 10,840,172 times
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Quote:
Originally Posted by spencgr View Post
Christine - your son is an adult.....may I suggest treating him like one and letting him do the research on the attorney, implications, and options? No harm in you also knowing the options, but let this be a learning experience for him.

Mom won't always be there to find all of the answers.
Can I assume you are not the parent of a grown child? And yes, I mean child cause even though he's a college student he's still a kid in the eyes of the parents.
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Old 07-24-2016, 12:31 PM
 
10,596 posts, read 12,086,197 times
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Originally Posted by HokieFan View Post
What county was he ticketed in? I have family in Shenandoah County, and if he was ticketed in that county I can get a recommendation for an attorney from them.
It might be Rockingham, but he could have been more north. I should see him in a few hours. Although, he might be dragging his feet a bit to come home now...
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Old 07-24-2016, 12:36 PM
 
10,596 posts, read 12,086,197 times
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Quote:
Originally Posted by spencgr View Post
Christine - your son is an adult.....may I suggest treating him like one and letting him do the research on the attorney, implications, and options? No harm in you also knowing the options, but let this be a learning experience for him.

Mom won't always be there to find all of the answers.
Rest assured, he will be a part of the process; however, I can tell you that he does not have the funds in his account to pay for the attorney nor the fine. "Mommy" will have to fork out that cost upfront and he will have to pay me back for it. In turn, since he has absolutely NO experience in getting a ticket, going to court, finding an attorney, nor the means to pay for it, I will have the final say in who gets hired to take care of this. If you think I'm going to let some 21 year old, college student navigate this alone, yet use my money to pay for it, then yes, I guess, I won't be treating him as an adult.

I suppose I could just wash my hands of it and let him figure it all out, money and all.
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