Reckless Driving Charge (Roanoke, Pulaski, Fincastle: insurance, lawyer, home)

[vthokieinnc]

Hi,

I was driving home today from the VT home game and got pulled over in Pulaski County by a VA State Trooper. I was cited for driving 81 in a 65 and charged with reckless driving.

Has anyone else had a similar experience? I was thinking about hiring a lawyer to appear for me in courty. But I don't know if it would be better for me to go it alone and plead not guilty.

I don't think what I was doing was that bad. I was driving down the interstate with little traffic and was passing a car. I wasn't weaving in and out of traffic or cutting people off. I thought the speed limit was 70, I was cruising along at 75, went to pass a car which brought me up to 81 and that's when he got me.

Any advice?

[ashbrn4]

81 in a 65 is reckless. I don't know of any highway in VA with a 70mph limit so you're out of luck there. 80 on any road is automatically reckless in VA. Usually it's 20 over the speed limit, but 80 regardless of it. You're already making excuses in your post. From what I've read, in most instances, if you appear without a lawyer and plead not guilty, you have to return at a later date for the trial/hearing and they suggest you bring a lawyer. If you plead guilty, you might get less of a fine because they don't want excuses. You'd plead not guilty to something you are guilty of? A judge wouldn't be to sympathetic to that given what your excuses are. You can call a lawyer and pay to speak to them beforehand to get their opinion. You had to do 81 to pass a car who wasn't blocking your way unless you were speeding?

[meMesa]

vthokieinnc - Please search this forum for reckless driving and you will find that many people have provided step by step guidance on how to go it. At this point - you have no choice but to go to court and try to get them to reduce the charge or to beg for traffic school (if your record is otherwise clean). The new VA traffic laws will hang you out to dry with a reckless driving charge on your record.

So please read the previous threads and then call an attorney. Don't let anyone tell you not to fight this in court. Its your right to plead not guilty. So do it.

Good Luck!! please drive safely and at the posted speed limited.

[ashbrn4]

No one is saying you dont' have the right to fight it, but your statements won't win you any points in court. "I don't think what I was doing what that bad" is a good example. You were breaking the law, so your opinion won't matter to the judge. You are however, making excuses and that's what will get you in trouble in court. Accept responsibility and don't blame anyone or anything else. My impression is that you're under 30, probably under 25. Am I right? A judge would rather hear you accept your responsibility than those lame excuses you posted.

[eddieb323]

Passing a car isn't a valid excuse that's going to hold up in front of a judge. The most I could see happening is having to pay a fine.

[Cava]

Welcome to Commonwealth of Virginia ! It's a tough state when it comes to traffic laws.
Yes, 20 mph over is reckless, so is 80+. Best thing to do is complete the traffic school available BEFORE court date, and it will knock the 5 points off that you wil get for reckless. Get a lawyer, couple hundred dollars, and you will pay a couple hundred fee. If you are unlucky, you will get a suspended license, or if without a lawyer.

In a state that worships NASCAR and everyone drives around like NASCAR wanna-be drivers, they have the harshest penalties.

[AJNEOA]

Originally Posted by vthokieinnc

Hi,

I was driving home today from the VT home game and got pulled over in Pulaski County by a VA State Trooper. I was cited for driving 81 in a 65 and charged with reckless driving.

Has anyone else had a similar experience? I was thinking about hiring a lawyer to appear for me in courty. But I don't know if it would be better for me to go it alone and plead not guilty.

I don't think what I was doing was that bad. I was driving down the interstate with little traffic and was passing a car. I wasn't weaving in and out of traffic or cutting people off. I thought the speed limit was 70, I was cruising along at 75, went to pass a car which brought me up to 81 and that's when he got me.

Any advice?

I just wanted to let you know that if you use the "Search" functionality in this forum, you can find at least one other person asking the same question you have. Seems that the best advice is to NOT speed in VA or to get a lawyer if you get caught. Good luck. Try checking out the other post, as there is also some good advice in that thread. I would try searching on reckless.

[Stripes17]

Originally Posted by vthokieinnc

Has anyone else had a similar experience? I was thinking about hiring a lawyer to appear for me in courty. But I don't know if it would be better for me to go it alone and plead not guilty.

I had the pleasure of meeting a VA Highway Patrol office a year ago on Labor Day. I was driving up I-81 just above Roanoke when I got clipped for 12 mph over. No weaving or tailgating involved. Thus, no excuses, just bad timing while getting past sluggish trafffic that was holding up the flow. Darn the luck!

Anyway, the trooper said he wouldn't reduce the speed or give a warning because they were focusing on speeders that Labor Day weekend. I guess I picked the wrong day to drive through there!

Regardless, I talked to several lawyers. The concensus was that this portion of the I-81 corridor provides a windfall of traffic fines (especially from out of state drivers) for the local counties. I think mine was in Fincastle County.

The attorneys offered to assist with my case for several hundred dollars. Instead, I just mailed in the fine and will take a chance with my insurance company finding out about the ticket over the next 3 years.

Good luck with your case. Be responsible for your actions, but I hope you catch a break.

[vdogg]

Originally Posted by vthokieinnc

Hi,

I was driving home today from the VT home game and got pulled over in Pulaski County by a VA State Trooper. I was cited for driving 81 in a 65 and charged with reckless driving.

Has anyone else had a similar experience? I was thinking about hiring a lawyer to appear for me in courty. But I don't know if it would be better for me to go it alone and plead not guilty.

I don't think what I was doing was that bad. I was driving down the interstate with little traffic and was passing a car. I wasn't weaving in and out of traffic or cutting people off. I thought the speed limit was 70, I was cruising along at 75, went to pass a car which brought me up to 81 and that's when he got me.

Any advice?

I had the exact thing happen to me in Hanover county. 81 in a 65. You may want to get a lawyer with todays fines but honestly it is so close to the limit that the judge will probably drop it down. I went to court, the cop said I cooperated, and the judge dropped it down to speeding, 80 in a 65. Mind you, this was back in 2002, but I think you stand an even better chance of getting it dropped down today. A lot of judges have been reluctant to convict on reckless except in the most egregious of cases due to the civil remedial fees.

[eddieht]

I would say go and get your vehicle a speedometer calibration. Wouldn't even 2 miles off the accuracy lead you to a 79 mph charge? Which would be counted as 4 points instead and no criminal record.