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Old 12-29-2014, 12:22 PM
 
Location: Virginia-Shenandoah Valley
6,553 posts, read 10,838,333 times
Reputation: 5555

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First off this was in district court and district court is not a court of record so there will be no transcript. An appeal is heard in circuit court which is a court of record although unless you hire someone to transcribe there may be no transcript. You've also passed your automatic right to appeal by not filing within 10 days. You can always hire a new attorney and se if they can get a judge to approve a new trial in circuit but there are no guarantees.

And BTW. I've ridden motorcycles for many years to include the exact area you were in and have never had a problem. I don't drive like a granny but I certainly don't do speeds comparable to yours.
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Old 12-29-2014, 12:29 PM
 
7,923 posts, read 9,634,118 times
Reputation: 13924
Quote:
Originally Posted by BikerNYC View Post
Dear brothers and sisters,

I was charged for reckless driving in Luray (Virginia) doing 125mph in a 55mph. Before you pass your nice judgements against me I should tell you that this is BS. It occurred to me that VA is not a biker friendly state; as a matter of fact they hate bikers! Well to tell the truth I was speeding way above 55mph, no argue about that, but the trooper saying I was doing 125mph is lying. Here is the whole story:

Me and my biker friend were heading from New York city to Smoky Mountains (tail of dragon) in Tennessee. The first stop was in Luray Virginia (God I hate that state now). To cut the long story short, Me and two of my friends went to get breakfast. I had a problem with my motorcycle charging system (the stator was malfunctioning) and therefore I got stock a couple of times. Therefore, I decided to go back to the motel, get my backpack, and leave VA for NY by myself.

Aside from the irresistible road with nice pavings and nobody on it, I had to go fast to keep the battery charged (I know this is just an excuse but I am just narrating what exactly happened). Right when I got to the motel a state trooper came from behind and I pulled over. After asking 100 questions and me answering them honestly, I was shocked to see myself in handcuffs.

After going through the internet and reading 100 threads and weblogs, I learned a great deal about this stupid reckless driving charge in VA. So, immediately, I hired a lawyer in VA thinking that he is a good one (the reviews were very good online and it was hard to find another lawyer there). His name is Bob Keefer and he charged me $1500 to go to the court and do literally nothing so I was found guilty.

Before my trial, he requested a copy of the state trooper's dash cam video but they did not give it to him. In the trial, apparently the trooper showed a video, which is basically showing me flying for a second but there is no speedometer and no radar. He claims he did 130mph to keep up with me. Even if he did 130 mph, there is no way that he can keep up with me in about 20 secs (less than 2 miles) if I was really doing 125mph.

Now, they want me back to VA to send me to jail. Before you tell me I should take my toothbrush with me, is there anything I could do about this? Specifically, can I get the transcript of the conversations in court? How about the transcript of the conversations that happened in the jail while they were determining my bail (cash bond)? My lawyer is not reliable at all. I think he is ripping me off. Now he wants to charge me more $$$ to appeal the case and go to a higher court! I just don't know what to do.

P.S: I am on F-1 student visa here.
Thanks for reading.
My only advice is to get another lawyer. Asking random internet strangers, at this point, will only waste your time. I feel that you are going to have to pay a lot more than $1500 to keep your visa from being revoked, if at all possible.
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Old 12-29-2014, 04:01 PM
 
Location: NOVA
4,521 posts, read 5,212,126 times
Reputation: 1926
You asked us for advice on what you should do now. Couple suggestions.

First could just grab your toothbrush and do a few days (weeks?) in jail and update us on how you survived, lessons, advice, etc. It's free lodging, free food, etc.

Or you can ignore the state of Virginia and try avoiding all contact with law enforcement until you depart the U.S. But you may have problems if you come back to vacation. This option is more exciting for us since you'll be "on the run" and will update us by using internet cafes.

Don't know any state in this country that won't put a driver in jail for doing 70mph over the speed limit. You could have told the judge you weren't going a smidge above 120mph.
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Old 01-14-2015, 06:07 PM
 
Location: NOVA
4,521 posts, read 5,212,126 times
Reputation: 1926
We never got a reply from the student visa motorcyclist that was riding slightly over 125mph. My guess is that he chose suggestion #2 and he's now on the run. We wish him well in his travels.
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Old 01-21-2015, 11:56 AM
 
7 posts, read 16,530 times
Reputation: 10
Oh, so sorry guys. Been busy with the court and my thesis and stuff and totally forgot about my posting here until today that I was checking my bookmarks! Actually, I thought I will receive an email notification when somebody replies to my post!

Any ways thank you all for your replies and not so useful suggestions.

@Bigfoot424: Thanks for clarification. They found me guilty but have not issued a sentence yet. They want my ass back there for the sentence and to send me directly to jail. I am trying to postpone my adjudication again, lets see what happens.

@spencgr: Thanks for your advice. I tried calling different lawyers, the best in Va. All of them ask for money and guarantee nothing. They don't sound confident at all when you speak to them. My lawyer promised me to keep me out of jail and he failed me.

@johnsonkk: How many states have you been to? Oh only one and that is VA? Well, you can come to NY and go 144mph, then when you nicely pull over for a cop he is not gonna arrest you if you are behaving and apologizing! Let alone sending you to jail.

By the way, does anyone know whether leniency is effective for my case or not? One of my professors is willing to come all the way to VA and ask the judge for leniency for me. But I don't want to waste his time if it is not effective.

Be safe guys, and btw, Happy New Year!
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Old 01-21-2015, 12:48 PM
 
Location: Virginia-Shenandoah Valley
6,553 posts, read 10,838,333 times
Reputation: 5555
No one can truly answer how the judge will accept the professors comments about. It certainly cannot hurt but there is no guarantee it will help. I would think the chances are better that it will help but one just never knows.
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Old 01-22-2015, 04:49 AM
 
Location: NOVA
4,521 posts, read 5,212,126 times
Reputation: 1926
First, Thanks for coming back to provide some lengthy feedback. That alone separates you from most rd
posters that somehow have grown to love this site. As for calling out my depth of state travels, surprise, but I've been to every state and US territory in the U.S. except Alaska (scheduled in Dec '06 but cancelled). I had a job that traveled extensively and reached many parts of the U.S. I've spent some time in Albany and NYC and upstate.

I never thought to speed 140mph and hope that the cop pulling me over was that nice. Wonder what the fine is in New York for 80 mph over the speed limit? Does it cap out over 120? I've driven over 130mph in Germany on their autobahn and can't imagine doing that in the U.S. on a public road. Hope you do well at your sentencing. It's unfortunate that your Attorney promised that you would be found not guilty.

Last edited by johnsonkk; 01-22-2015 at 06:01 AM..
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Old 01-22-2015, 04:54 AM
 
Location: Virginia-Shenandoah Valley
6,553 posts, read 10,838,333 times
Reputation: 5555
I don't think he promised he would be found not guilty but only to keep him out of jail. A ridiculous promise if truly made.
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Old 01-22-2015, 02:48 PM
 
7 posts, read 16,530 times
Reputation: 10
Ok guys thank you for your replies.
@johnsonkk you r a funny guy; my friend and I read your earlier response again and we burst out with laughter you should try to be a comedian dude.

Since my going to jail is kind of certain, lets focus on that matter for now.

One more question: Do they have WiFi in jail? I mean if they let me take my laptop with me to jail I have no problem with staying there for couple of months. Is there a loophole that I can use to be able to take my laptop with me

And do you recommend any tattoo place? you know jail and all those gangs n stuff lol
oh by the way is there a difference between jail and prison?
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Old 01-22-2015, 03:03 PM
 
Location: Richmond
401 posts, read 717,692 times
Reputation: 309
"One more question: Do they have WiFi in jail? I mean if they let me take my laptop with me to jail I have no problem with staying there for couple of months. Is there a loophole that I can use to be able to take my laptop with me "

Not sure if you are joking but they do not have wifi, access to computers, or anything remotely like that. I beleive you will be in Page county jail. It has a library, publiuc use phones that you pay to use, cannot rememebr if they have a Tv or TV viewing. Youare aware thay they will take evrytihing away from you until you get out. They will give you a spiffy outfit.
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