Ticketed on I81 for Speed and Window Tint (Harrisonburg: lawyer, house) - Northern Virginia - Virginia (VA) - City-Data Forum

ChristineVA · 07-24-2016, 08:06 AM

It's not me, I promise!! But it's my son. On his probably 100th trip between Harrisonburg and NoVA he has been pulled over this morning for speeding. He was passing someone and during the pass he was logged at 85 mph in a 70mph. He's guilty, no questions there. Even if he wasn't passing, I'm sure he was not ever doing 70 but probably upper 70s. So he'll probably just pay that.

The next thing was window tinting. So my son drives our 2008 Honda Element. We bought it straight from the dealer here in NoVA and have never tinted the windows.

I'm still waiting for the call to see what the actual ticket says for the tint but if there is a charge for that, how would I ever refute something like that?

jmking · 07-24-2016, 08:12 AM

Go to court and plead no contest for speeding, in which points might be reduced, and fight the tint window issue. If it's a new car sold in Nova it would seem to me the tint windows should be ok sense the car passed VA inspection. I do believe very dark windows are subject to a fine. Not sure what amount of tint is allowed but most car windows are tinted to some degree.

ChristineVA · 07-24-2016, 08:25 AM

So just heard back from my son. He has been charged with reckless driving and has to appear in court. According to the officer, though, since my son was "so polite" he didn't put something on there about suspension of license. I'm not up on all these degrees of ticketing so I'm not sure what sort of break he got. He can opt out of the trial and pay the fee of $2500. I'm thinking since he's 21, never had one ticket, he needs to go to court (probably with a lawyer??) to get the reckless reduced. Not sure what to do. Of course it will be his second day of classes on his trial date and he's in some weird course next semester that has him in one class all semester, all day, 5 days a week. I'm sure he can get an excused absence for this.

Every time my son makes this drive I harp on him about making sure not to speed on I81 and I66. They never listen.

Username00 · 07-24-2016, 08:57 AM

15 mph over the speed limit is not reckless driving in most if not all states. I smell something fishy. Everywhere I've lived, reckless driving doesn't start until 25+ mph over the speed limit. Was he weaving through lanes, "racing" other vehicles? Something's not adding up now that you mention the reckless driving. That and a $2500 fee for 15 mph over and window tint!? No way, that's utterly absurd. It should be more like a grand total of $200 or a little over.

jmking · 07-24-2016, 09:04 AM

Wow, $2500 fine! I do believe if you go a certain amount of speed above the posted speed limit reckless driving can be imposed. I'm not sure what that amount of increased speed is, I thought it was 20-25 miles over the speed limit but I could be wrong. However if the speed adds up to reckless and if it were me I'd plead mercy and most likely the judge will reduce the reckless driving charge sense he does have a clean record. Whether one needs a lawyer or not, my hunch is you don't need one but again I could be wrong with the reckless driving charge. I still drive those roads and remember when the limit was 55, so 70 is a godsend. Tell your son to at least to never drive faster than 5 miles an hour above any posted speed limit or not at all.

kww · 07-24-2016, 09:15 AM

Quote:

Originally Posted by Username00

15 mph over the speed limit is not reckless driving in most if not all states. I smell something fishy. Everywhere I've lived, reckless driving doesn't start until 25+ mph over the speed limit. Was he weaving through lanes, "racing" other vehicles? Something's not adding up now that you mention the reckless driving. That and a $2500 fee for 15 mph over and window tint!? No way, that's utterly absurd. It should be more like a grand total of $200 or a little over.

could be that the county he was in, above 80 becomes automatic reckless

boyd888 · 07-24-2016, 09:48 AM

You would think someone this active on the forum would be aware of the giant reckless driving thread that is usually on the first page or two?

Anything over 80 (or 20 over) in VA can be written up as a reckless. Yes it is a stupid law in a state with 70mph limits. If your son was that polite and the cop wanted to give him a break he would have done 79/70 so don't think the officer did you any favors here. Not your friend or on your side. The fine you are going to get in court is $200ish. I would just hire a lawyer near the courthouse and be done with it.

I've never heard of the max $2500 fine in lieu of a trial. Even if you didn't show up to court and were tried in absentia the judge would likely only hit you with $500 depending on your record. These smaller towns must be hurting for revenue.

LM117 · 07-24-2016, 10:31 AM

Quote:

Originally Posted by boyd888

You would think someone this active on the forum would be aware of the giant reckless driving thread that is usually on the first page or two?

Anything over 80 (or 20 over) in VA can be written up as a reckless. Yes it is a stupid law in a state with 70mph limits. If your son was that polite and the cop wanted to give him a break he would have done 79/70 so don't think the officer did you any favors here. Not your friend or on your side. The fine you are going to get in court is $200ish. I would just hire a lawyer near the courthouse and be done with it.

I've never heard of the max $2500 fine in lieu of a trial. Even if you didn't show up to court and were tried in absentia the judge would likely only hit you with $500 depending on your record. These smaller towns must be hurting for revenue.

This. There have been numerous attempts to raise the reckless driving limit, but it gets shot down in flames every time. This one article is telling.

Bill to amend Va.

Quote:

The Criminal Subcommittee of the House Committee on Courts of Justice voted 7-2 against the bill. Opponents cited several concerns, including a possible fiscal impact and that faster speeds lead to more crashes.

spencgr · 07-24-2016, 10:33 AM

Quote:

Originally Posted by ChristineVA

. Of course it will be his second day of classes on his trial date and he's in some weird course next semester that has him in one class all semester, all day, 5 days a week. I'm sure he can get an excused absence for this.

Now, it's been a while since I've been in college, but I don't remember any sort of exused/ unexcused absense. You were just required to do your work and do well on exams and papers. I didn't take many classes where that was possible without attending classes.

That being said, though, I can't imagine any of my professors being sympathetic and excuing an absence because I had to go to court for something I did wrong.

ChristineVA · 07-24-2016, 10:52 AM

Thanks everyone for your comments.

Yes, in VA anything over 80 is an automatic reckless. You can also get a reckless going 20 mph over any speed limit. So 45mph in a 25 mph zone will get it.

What struck me was the max fine the officer wrote in, but I have not yet laid eyes on this ticket myself. But according to him it will be $2500 if he decides just to pay. My husband did just remind me that the back windows of the Honda Element were tinted because he used to use it for overnight camping when he did his triathalons. So apparently we are guilty on that score.

I just spoke to my friend who got the same type of ticket a few years ago in the same place (going to JMU). She ended up getting a local lawyer for $500 to have the reckless removed. She had never really had a prior ticket either and had been passing a truck. She said she passed the truck and didn't really realize she was going that fast and then got the ticket. When the officer wrote the ticket, she admitted she was speeding and didn't really try to plead her case because it never occurred to her it would be a reckless charge.