[GW Parkway] 69/50 Speeding ticket - Need help; clueless (Columbia: trains, car)

[car54]

Tickets issued by the Park Police go through the U.S. Magistrates Court which is federal. Although the Parkway is physically in VA, it is federal property so federal laws apply.

Therefore, I don't think the usual VA laws apply as far as reckless driving, etc. All DMV will tell you (if you get somebody that speaks English) is that the appropriate points will be applied to your record...3,4, or 6 (19 mph over is 4 points). I also don't think that the judge can revise the charge upwards after the fact...if the officer charged 19 over, that's what it is.

Years ago, I had to appear in the US Magistrates court for a traffic charge on the Parkway...it didn't go well. They weren't fooling around. I almost got locked up for looking at a newspaper while I was waiting. This was before cell phones, but I imagine having one go off in there would be grounds for summary execution. I would have much rather been before a VA General District Court.

[xStarFall]

Originally Posted by car54

Tickets issued by the Park Police go through the U.S. Magistrates Court which is federal. Although the Parkway is physically in VA, it is federal property so federal laws apply.

Therefore, I don't think the usual VA laws apply as far as reckless driving, etc. All DMV will tell you (if you get somebody that speaks English) is that the appropriate points will be applied to your record...3,4, or 6 (19 mph over is 4 points). I also don't think that the judge can revise the charge upwards after the fact...if the officer charged 19 over, that's what it is.

Years ago, I had to appear in the US Magistrates court for a traffic charge on the Parkway...it didn't go well. They weren't fooling around. I almost got locked up for looking at a newspaper while I was waiting. This was before cell phones, but I imagine having one go off in there would be grounds for summary execution. I would have much rather been before a VA General District Court.

This will be at the Alexandria US District Court, which I'm glad it won't be at the US Magistrates court..
Sorry for the blast from the past memory!
I thought regardless, since I have a VA license, it would be relayed to the DMV in VA.
Seems like the court appearance is the way to go. Do you have any advice on what to do?
Seems like pleading no contest will be the most effective. What about entering a plea bargain or talking with a clerk and settling? (Is this the right terminology/lingo?)

[boyd888]

If there's a deal person available they'll be signs or that person outside the courtroom. If not, you go before judge, plead no contest, and ask for mercy. The things that matter are: your record, the judge's mood that day, and no lame excuse for speeding. To answer your next questions preemptively, no, speedo cal, driver improvement class, etc don't mean jack. Take the DI class after for the +5 points (which will offset the 4 you're gonna lose).

I don't think you understand you already got a HUGE break by being written up for 69 instead of 74 - it is extremely unlikely you do any better in court. The judge will see 74 (69) in a 50, roll their eyes at you, knock $100 bucks off your fine since you took the time to show up, and then send you on your way.

Source: actually been to traffic court before instead of spending hours reading about it on the internet. Traffic court is free to attend...many you should stop by for an hour or two one morning and you'll see how things work (seriously).

[xStarFall]

Originally Posted by boyd888

If there's a deal person available they'll be signs or that person outside the courtroom. If not, you go before judge, plead no contest, and ask for mercy. The things that matter are: your record, the judge's mood that day, and no lame excuse for speeding. To answer your next questions preemptively, no, speedo cal, driver improvement class, etc don't mean jack. Take the DI class after for the +5 points (which will offset the 4 you're gonna lose).

I don't think you understand you already got a HUGE break by being written up for 69 instead of 74 - it is extremely unlikely you do any better in court. The judge will see 74 (69) in a 50, roll their eyes at you, knock $100 bucks off your fine since you took the time to show up, and then send you on your way.

Source: actually been to traffic court before instead of spending hours reading about it on the internet. Traffic court is free to attend...many you should stop by for an hour or two one morning and you'll see how things work (seriously).

Thanks for all of the info! Yes, I think I will do the DI class after the court hearing.

I know I'm unlikely to receive a lower charge or anything, just wanted to know if it was possible in the first place.
Also, do you know if this will result in a misdemeanor charge? I keep getting mixed answers. Again, I'd rather take the fine (or a higher fine) and the points over a criminal record/misdemeanor. But if it may result in the misdemeanor, I can at least prepare for it. I'm just unsure whether I need to or not.
A previous thread had an OP in a similar situation (29 over though) but didn't verify if he was charged with a misdemeanor. Another user stated that this did not result in a misdemeanor charge, but that was in 2011. Things change.

[airjay75]

I think you're going to need to consult an attorney on this one. It's a little complicated and there doesn't seem to be any clear answer online (at least in doing a few minutes of my own searching). Your ticket is clearly for violation of a federal law, hence why you have to go to federal court. All of the stuff you read on this forum about reckless driving misdemeanors in Virginia really isn't going to apply, at least not directly. The information online seems to be very unclear. Sure, start with the CVB, but I don't think I would personally trust what they have to say as the final word on what the legal ramifications are of this ticket. I would definitely consult an attorney that has experience with such tickets.

[gomason]

Originally Posted by spencgr

He said he was on the GW parkway......and I don't know of a single inch where the GW parkway is in DC.

Not to be a no-it-all but I will be anyway...the Columbia Island section (near LBJ Grove) is technically DC for whatever stupid reason. It doesn't matter though. The OP was pulled over by the NPS which is federal.


Calm down OP. It really isn't a big deal. You can get hired in the federal government with a DUI charge and I know someone who in the medial profession who didn't even lose her license for a DUI. No one cares that you went 19 over.

[ffx rez]

Nobody cares, especially not a medical school. There'd be no doctors if they did

[xStarFall]

Update:
- Seems like it is not a misdemeanor. Called the CVB and asked them about the charge in general and they stated that it does not result in any criminal charge/record. Also consulted with an attorney. He stated that if you are not required to show up in court, it is a traffic citation and not a misdemeanor charge. If a misdemeanor was charged, then I would be required to show up in court.

- Emailed/called some lawyers in the area to ask for their opinion by a free consult. I highly recommend David Dischley as he spent time with me over the phone to go over my case specifically, instead of adhering to general stats/facts about the charge. Very personable and respectful.

- Found this useful resource, updated July 2015 https://www.dmv.virginia.gov/webdoc/pdf/dmv115.pdf which shows how many points for each traffic violation and others. My charge is 4 points.

- Relevant info:

Originally Posted by boyd888

If there's a deal person available they'll be signs or that person outside the courtroom. If not, you go before judge, plead no contest, and ask for mercy. The things that matter are: your record, the judge's mood that day, and no lame excuse for speeding. To answer your next questions preemptively, no, speedo cal, driver improvement class, etc don't mean jack. Take the DI class after for the +5 points (which will offset the 4 you're gonna lose).

I don't think you understand you already got a HUGE break by being written up for 69 instead of 74 - it is extremely unlikely you do any better in court. The judge will see 74 (69) in a 50, roll their eyes at you, knock $100 bucks off your fine since you took the time to show up, and then send you on your way.

Source: actually been to traffic court before instead of spending hours reading about it on the internet. Traffic court is free to attend...many you should stop by for an hour or two one morning and you'll see how things work (seriously).

- Lawyer/attorney I spoke with over the phone said going to court may help in that I may get a 1-9 mph over charge instead of 10-19 mph charge. This would reduce the points from 4 to 3. He also said technically, the judge may see the 74 mph, and charge me with reckless and speeding instead, although very unlikely. Good to know that technically, it is a possibility, albeit tiny.

- As I've never been to court, I asked the attorney what to plead if I went to court. He said if they charge me with 59/50, then I would plead guilty to this charge and accept the points/fines associated with that charge. However, if they kept the 69/50, then I may need to either plead guilty or no contest, depending on what the plea bargain may be. I've never been to court or had to deal with judicial lingo so it's nice to have that cleared up and at least know a little bit more about this.

Final thoughts/notes:
- If and when the points show on my VA license, which can be checked through the "DMV NOW" website for Virginia, I will take a driver's improvement course. The course adds +5 "safe driver points" which would offset the -4 points (or -3 if I go to court AND get a charge of 1-9mph over instead of 10-19mph over).
- Pay the fine or go to court
- Yes, I know the officer gave me a break. I could tell when he pulled me over and after looking at the ticket.
- Thanks everyone for your comments/insight.

Hope this thread/these posts are helpful for someone in the future.

[Carlingtonian]

Originally Posted by gomason

Not to be a no-it-all but I will be anyway...the Columbia Island section (near LBJ Grove) is technically DC for whatever stupid reason. It doesn't matter though. The OP was pulled over by the NPS which is federal.

OMG, you are right! (I should know this, being somewhat of a river rat lately.) The reason is that Columbia Island is in the river, and DC comprises everything that's in or over the river, up to the high-water line on the VA side.

Yeah, the OP is making way too big a deal of this. I have a security clearance have a whole bunch of tickets over the past 25 years. Even one arrest. (For public intoxication, at age 19. Sheriff's deputy found me passed out by a campfire. Cost me $20 and a few hours in the holding pen. Deputy actually called me a scholar and a gentleman. On a good day, he was half right!)

I too exceed the speed limit with enthusiasm, but 74 in a 50 (or 40 if near the airport) is pretty fast. I've done worse (even recently), but if I get pulled over, I will have to pay the piper.

[Bigfoot424]

Originally Posted by Carlingtonian

Yeah, the OP is making way too big a deal of this. I have a security clearance have a whole bunch of tickets over the past 25 years. Even one arrest. (For public intoxication, at age 19. Sheriff's deputy found me passed out by a campfire. Cost me $20 and a few hours in the holding pen. Deputy actually called me a scholar and a gentleman. On a good day, he was half right!)

I too exceed the speed limit with enthusiasm, but 74 in a 50 (or 40 if near the airport) is pretty fast. I've done worse (even recently), but if I get pulled over, I will have to pay the piper.

You've always been the troublemaker on here. Passed out by a campfire? Guess that's better than IN the campfire. Reminds me when I was a rookie my training officer and I pulled up to a dead end middle of nowhere road where some guys were partying and had a campfire in the middle of the road. We got out and started talking to them when my training officer told me to look as he pointed to the middle of the road. I left the cruiser in drive and it started rolling right into the damn fire. The tire ran over a typical boombox from the 70's that was sitting in the road then right over the fire. Luckily the car didn't go up. We didn't charge anyone and they didn't make an issue about their boombox.