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Old 01-15-2013, 03:50 AM
Location: Virginia-Shenandoah Valley
6,583 posts, read 10,888,223 times
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Originally Posted by Dan_in_DC View Post
Under Virginia Law, 20 miles an hour over the speed limit is automatically considered "Reckless Driving". There is no allowance for any discretion on the part of the police. You did the right thing getting a lawyer.

You might be able to make a pre-trial agreement with the Commonwealth's Attorney to get the reckless driving charge reduced if you agree to go to Traffic School. The traffic school course costs about $75.00, but it is well worth it to get rid of the charge and the negative points on your record. Be sure to mention this approach to your lawyer.

Here's the Virginia Code with respect to excess speed: LIS > Code of Virginia > 46.2-862

Here's the "general rule" on reckless driving: LIS > Code of Virginia > 46.2-852

And here's what happens if they convict you: LIS > Code of Virginia > 46.2-868

Want to know more? Here's a link to the entire Code of Virginia: https://leg1.state.va.us/000/src.htm

... happy reading, and Good Luck!
You must be an attorney looking to drum up business. I'm aware of what the code says in regard to reckless driving but officers can still elect to cite for speeding instead of reckless. Did it many times myself and saw it many times in court. This RD section does not take away the ability to cite for speeding if going 20 over or 80 plus.
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