Reckless driving on I66 near fairfax, 90/55, 18yr male (attorney, contractor) - Northern Virginia - Virginia (VA) - Page 2 - City-Data Forum

Flamingo13 · 09-07-2009, 07:21 PM

I just have a need to play devil's advocate here: WHY on earth are folks getting off for driving so much over the speed limit? I can understand (and do) driving 10 or 15 mph over - but I think there comes a point where it just needs to STOP. Stop bargaining down, etc.

Bigfoot424 · 09-07-2009, 07:37 PM

Quote:

Originally Posted by Flamingo13

I just have a need to play devil's advocate here: WHY on earth are folks getting off for driving so much over the speed limit? I can understand (and do) driving 10 or 15 mph over - but I think there comes a point where it just needs to STOP. Stop bargaining down, etc.

I know what you're saying but are you familiar with the courts? Ever been to some traffic days in Prince WIlliam or Fairfax? Without plea bargaining the courts would bog down. Just an unfortunate fact of life.

Bigfoot424 · 09-07-2009, 07:43 PM

I'm going to go against a few of the posters here. I know you won't go to jail. Just won't happen considering the nature of the charge. Before hiring a lawyer I would try this. Call the trooper involved and ask him if he would object to this being reduced to either improper driving or speeding. Unless you were an ass to the trooper I can't imagine he would object. The one thing not in your favor is the one previous speeding. And yes, it will always be on your driving record.
If the trooper agrees over the phone to work with you then you're golden. If something happens in court and the prosecutor refuses to reduce the charge (won't happen) you can always request a continuance. You're entitled to at least one. Then get your lawyer. This comes with 30 years of courtroom experience in traffic and criminal courts so I'd strongly recommend this.

aa2033 · 09-08-2009, 06:20 AM

Quote:

Originally Posted by Bigfoot424

I'm going to go against a few of the posters here. I know you won't go to jail. Just won't happen considering the nature of the charge. Before hiring a lawyer I would try this. Call the trooper involved and ask him if he would object to this being reduced to either improper driving or speeding. Unless you were an ass to the trooper I can't imagine he would object. The one thing not in your favor is the one previous speeding. And yes, it will always be on your driving record.
If the trooper agrees over the phone to work with you then you're golden. If something happens in court and the prosecutor refuses to reduce the charge (won't happen) you can always request a continuance. You're entitled to at least one. Then get your lawyer. This comes with 30 years of courtroom experience in traffic and criminal courts so I'd strongly recommend this.

how do i reach the officer? i looked on the back of the ticket, and there is only a number for the court, and for complaints against the police officer.

Bigfoot424 · 09-08-2009, 08:07 AM

Quote:

Originally Posted by aa2033

how do i reach the officer? i looked on the back of the ticket, and there is only a number for the court, and for complaints against the police officer.

Google the state police, or whatever department it was and start there. Call that number for complaints. It may just go to the station anyway.

oneasterisk · 09-08-2009, 09:03 AM

Quote:

Originally Posted by Alanboy395

Fourth, your insurance is going to go up, as well it should.

Didn't in my case, but I could have been lucky. I plead guilty to a reckless charge and paid a $50 fine and court costs. Insuarance never went up, but the points were on my record for 7yrs. That was back in 1999/2000 and insuarance never went up until I bought a brand new vehicle in 2004. Insuarance was only $80 a month for full coverage on a 30k vehicle so I couldn't really complain.

I'm a gov't contractor and it's never affected my ability to get a job , although I've always listed it during the background check paper work considering it's a class 1 misdemeanor. After speaking to some gov't employees, my class 1 misdemeanor is nothing to what some of them have had - LOL

Your life is not over after this

qwertman · 09-08-2009, 11:50 AM

This reflects everything that is wrong with the system. Why is it acceptable to buy your way out of the problem by getting a lawyer to save your ass? What about manning up and owning up to your actions?

If the punishment is to severe, why not make the punishment fit the crime? Is the punishment made too severe due to an understanding that people can bargain down with a lawyer?

If it happened to me I don't even know if I could ethically justify getting a lawyer to talk/exploit their connections out of a charge when I know plan and simple I BROKE THE LAW. Then again, it would seem stupid to take the hit if you could simply buy out of it, especially if you could afford it, and you know pretty much every other guy would do the same.

Bigfoot424 · 09-08-2009, 03:33 PM

Quote:

Originally Posted by qwertman

This reflects everything that is wrong with the system. Why is it acceptable to buy your way out of the problem by getting a lawyer to save your ass? What about manning up and owning up to your actions?

If the punishment is to severe, why not make the punishment fit the crime? Is the punishment made too severe due to an understanding that people can bargain down with a lawyer?

If it happened to me I don't even know if I could ethically justify getting a lawyer to talk/exploit their connections out of a charge when I know plan and simple I BROKE THE LAW. Then again, it would seem stupid to take the hit if you could simply buy out of it, especially if you could afford it, and you know pretty much every other guy would do the same.

Let us know how it goes for you if it should happen to you.

aa2033 · 09-08-2009, 03:50 PM

well i've talked to a few lawyers, and had my car calibrated today.

the place i got my calibration done said that the speedometer was more accurate than most cars he's ever had. it was +/- .03 off. So that's not gonna help. I was told by a lawyer to get it calibrated again, although i'm not sure how that would help.

I'm going to sign up for the 4 hour Aggressive driving course, as well as the 8 hour driver improvement class. Neither of which will add points to my license because i took one less than two years ago, i'm hoping that the judge will see that i at least tried.

One of the lawyers recommended that i do community service also.

One lawyer told me that i'll probably be charged with the reckless driving but not go to jail, one told me that i will not go to jail and most cases like these he can get it down to speeding.
ANOTHER lawyer said that i'll be charged with reckless driving AND go to jail..

I don't know what to do, i'm scared about the outcome of this. I'm going to get my license record in the next week. I should have +1 points.
(+5 for a voluntary class, -4 for a regular speeding ticket?)

Has anyone had/heard of similar cases like these that ended well, that might help calm me down? I don't know what to do.

I'm going to try to call the number on the back of the ticket tomorrow, like bigfoot suggested. I'm really nervous about talking to the officer and asking if he will reduce it, he seemed pissed when he pulled me over, although i was respectful and said nothing to anger him. I think he was just angry that some stupid kid was driving so fast, as he has every right to be.

I think that he was on top of a over pass over 66, and that's how he got me. I had only been doing over 65 mph for about 1/4 of a mile, and that was to get a head of some traffic (unnecessary i know), when he pulled me over i had been doing 60-65 for almost a mile.

Bigfoot424 · 09-08-2009, 05:57 PM

aa2033,

Please do not listen to the dumba** lawyer saying you'll go to jail. He's trying to scare you into hiring him. I was a cop for 30 years and even though it wasn't in FX county it was for a surrounding department. No one, and I mean no one ever went to jail for what you've been charged with unless there were special circumstances to go along with it. Please reread my post and call the trooper. Go to court and ask for the reduction to speeding or improper driving. If for some reason you do not get this then you can ask for the continuance. The judge will allow it, especially since you'll tell them you need to hire a lawyer. It's not this big of a deal so quit making it out to be. Call the officer and explain to him what you've been explaining here. My guess is that he will go along with the reduction. If not you still have the prosecutor to ask and ultimately he/she decides what to reduce and deal with.
Knowing the court system like I do I would never hire a lawyer until it became necessary for a charge like this. FYI. My sons girlfriend also got a reckless speeding ticket in FX County. I gave her this same advice and she walked out with an improper driving conviction and a $100 fine. This just happened in August. She had no lawyer.
By the way-This advice only applies if it is your intent to plead guilty. If you intend to fight the charge then you'll have little chance of winning without an attorney.