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Old 09-06-2009, 05:14 AM
 
Location: San Jose, CA
1,318 posts, read 3,554,711 times
Reputation: 767

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It helps to be familiar with traffic laws, in the state of Virginia 20+ miles per hour over the limit is reckless driving, so is going over 80mph. So if the speed limit had been 65mph it would still be reckless driving on both counts, you probably shouldn't bring that up in court.

§ 46.2-862 . A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

I would expect without an attorney the judge would likely throw the book at you.
Virginia reckless driving 46.2-852 and 46.2-862 explained by Virginia traffic attorney/lawyer. Former Cops 703-926-3900.
The website is from some law firm, you don't have to use them, but the website is useful, sometimes people argue down the charge, from say 76 in a 55 to 74 in a 55, reducing the charge, 19 over is not reckless driving in most cases. But going over 80, and 31 over the limit, I doubt you will get the charge reduced. But a lawyer will help show your case more favorably to the judge.
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Old 09-06-2009, 07:38 AM
 
Location: Reston, VA
2,090 posts, read 4,247,503 times
Reputation: 1331
Quote:
Originally Posted by ALdriver View Post
. . . but really ive dont think ive ever seen the speed limit on an interstate at 55mph?). . .
I think you need to look at speed limit signs with a little more care.

Speed Limit Laws

According to the above link, 15 states have the maximum posted limit for urban interstates set at 55 mph or lower.
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Old 09-06-2009, 08:51 AM
 
4,709 posts, read 12,675,888 times
Reputation: 3814
Quote:
Originally Posted by vdmb4 View Post
I feel your pain.. I just received a ticket myself tonight... I was travelling from Florida to Philadelphia... I was going 84 in a 65mph zone and I was not flying by a far stretch but rather keeping up with traffic. I am sure I was labeled as an out of state driver. If in Philadelphia I would have received a ticket with a price on it. I am a cop... How is that for respect. Virginia doesnt even care... not that i wasnt guilty, but instead they give me a summons, not a ticket but a court appearance 214 miles away from home. I read all these sites and they all seem like scare tactics, however I am at the point where I plan to plead guilty and take the penalty which can be up to 2500.00.... which is robbery ! I got the point, I was speeding,,, yes could have hurt someone, except explain to me why all the Virginians driving with me didnt get puller over. I was far from Reckless, I was in complete control and not weaving, phoning, or texting... just cruising along with the traffic. Cop seemed about 23 if that.... There was no turning back.. Guess we have to face the music !

I'm amazed that YOU, as a police officer, would invoke the old "everybody's doing it" defense! I don't think that EVER got anybody out of a ticket...

In my brief police career, I used to cut an out-of-state brother a break IF he/she didn't give me a 'tude. I know that many officers still cut breaks. You didn't turn on the "Philly charm" by any chance, did you?

I don't believe for a minute that State Troopers target out-of-staters. Why would they, what difference would that make? They have no "affinity" for their fellow Virginians, that's for SURE! Plus, if that Trooper was a rookie, you can be sure he/she is from some tiny coal mining town in far SW Virginia. VSP has a policy to not place new Troopers anywhere near where they're from. They deliberately don't want them to know anybody in their enforcement areas...
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Old 09-06-2009, 09:16 AM
 
Location: Virginia-Shenandoah Valley
7,670 posts, read 14,243,626 times
Reputation: 7464
Quote:
Originally Posted by cardinal2007 View Post
It helps to be familiar with traffic laws, in the state of Virginia 20+ miles per hour over the limit is reckless driving, so is going over 80mph. So if the speed limit had been 65mph it would still be reckless driving on both counts, you probably shouldn't bring that up in court.

§ 46.2-862 . A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

I would expect without an attorney the judge would likely throw the book at you.
Virginia reckless driving 46.2-852 and 46.2-862 explained by Virginia traffic attorney/lawyer. Former Cops 703-926-3900.
The website is from some law firm, you don't have to use them, but the website is useful, sometimes people argue down the charge, from say 76 in a 55 to 74 in a 55, reducing the charge, 19 over is not reckless driving in most cases. But going over 80, and 31 over the limit, I doubt you will get the charge reduced. But a lawyer will help show your case more favorably to the judge.
In reference what I placed in bold you would be wrong. Judges are not slamming people for reckless driving unless there is something very unusual with it. In fact the vast majority of cases like this are reduced to improper driving. The fines may not be cheap if you go in without a lawyer (maybe $100-200) but once you pay a lawyer then that costs more anyways. Unless the plan is to fight the charge you can often work out the same deal an attorney would get you.
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Old 07-29-2014, 01:07 PM
 
1 posts, read 1,445 times
Reputation: 10
Default Really....

Ive lived all over the US being military and all. And all you Virginians telling this poor soul to slow down cant pull those lies on me. I-264, speed limit = 55 mph. Try going 55 on that highway and strap in for the ride of your life, as the most rude, belligerent, dumb rednecks pass you by in the least elegant ways possible. I lived most of my life in Texas where i was happily able to go 65 (the actual speed limit was 65 OMG!!!) and if people wanted to go faster, they passed me without being a complete tool. This ignorant state has decided that the speed limit is 55 but if you're not going 70 they think "im going to tailgate your car and cut you off because i learned to drive with my eyes closed". So mr. maryland alabama guy, dont let these comments fool you, virginia has the worst drivers and worst driving laws in the country
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Old 07-29-2014, 01:48 PM
 
5,570 posts, read 7,273,813 times
Reputation: 16562
Quote:
Originally Posted by dan232003 View Post
Ive lived all over the US being military and all. And all you Virginians telling this poor soul to slow down cant pull those lies on me. I-264, speed limit = 55 mph. Try going 55 on that highway and strap in for the ride of your life, as the most rude, belligerent, dumb rednecks pass you by in the least elegant ways possible. I lived most of my life in Texas where i was happily able to go 65 (the actual speed limit was 65 OMG!!!) and if people wanted to go faster, they passed me without being a complete tool. This ignorant state has decided that the speed limit is 55 but if you're not going 70 they think "im going to tailgate your car and cut you off because i learned to drive with my eyes closed". So mr. maryland alabama guy, dont let these comments fool you, virginia has the worst drivers and worst driving laws in the country
You created an account to dredge up a 5 year old thread about reckless driving??

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Old 07-29-2014, 04:24 PM
 
Location: Virginia-Shenandoah Valley
7,670 posts, read 14,243,626 times
Reputation: 7464
Quote:
Originally Posted by apexgds View Post
You created an account to dredge up a 5 year old thread about reckless driving??

Troll
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Old 07-29-2014, 07:00 PM
 
957 posts, read 2,022,046 times
Reputation: 1415
Quote:
Originally Posted by apexgds View Post
You created an account to dredge up a 5 year old thread about reckless driving??



No, No, of course he didn't do that.

He included a response to the original poster, which isn't 5 years old but.....6 years and 4 months now.
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Old 07-29-2014, 07:47 PM
 
5,570 posts, read 7,273,813 times
Reputation: 16562
Quote:
Originally Posted by z28lt1 View Post
He included a response to the original poster, which isn't 5 years old but.....6 years and 4 months now.
Sorry, meant 5 years dead.
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Old 07-30-2014, 04:33 AM
 
Location: New-Dentist Colony
5,759 posts, read 10,725,241 times
Reputation: 3955
I visited the OP in prison yesterday. He's done 5 of his 30-year sentence for reckless driving. He has a new "I Can't Drive 55" tattoo on his face and has joined a gang that deals in contraband Hot Wheels. I gave him a toothbrush and a carton of cigarettes.
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