reckless driving (please reply) (Amherst: insurance, how much, lawyer)

[james_is_a_hokie]

yesterday on july 30, 2007, i was pulled over for driving 65 mph in a 45 mph zone (in madison heights, Virginia). the officer charged me with reckless driving and i am due to appear in court in a month. i know that it is a misdemeanor offense and that it could have huge consequences in my life down the road. what i would like to know is whether or not i need to hire a lawyer, how much money in fines can i expect to pay (as well as other consequences), and is there a possibility that i can get the court date moved (since it is on the 21 of August and i will be in blacksburg at college). as of july 29, 2007 i had had my license for one full year (which i understand leaves me at one safe driving point at the moment) and i have never been pulled over by the cops prior to this. also, i would like to know if there is any way that i could possibly get the charge moved to a lesser offense, since i have never had any other run-ins with the law. any and all suggestions would be appreciated. thanks in advanced.

[5stones]

if you are a virgina resident the fines just went through the roof for such traffic offenses.
YES, hire a lawyer...read the other threads about this they will have helpfull advice.

[GO_ODU]

Well, if you're in Amherst court on the 21st then I'll see you there, lol. In talking with my lawyer, I think it may be difficult to get charges reduced in the county. However, with it being right at 20 mph over I think its at least worth a try. I would expect a lawyer there to charge between $500 and $1000 for that.

As far as the fines, see below... that $350 is a yearly fee (3 years) and is in addition to any court costs or court fines and is not negotable with the judge if you are from VA. If you're not a VA resident, pay it and be done with it.
Good luck

46.2-862 MISDEMEANOR RECKLESS DRIVING - SPEEDING 20 MPH OR MORE
ABOVE SPEED LIMIT OR IN EXCESS OF 80 MPH. (C)2 $350 Misdemeanor 1

[Summer1957]

You didn't mention the year, make model of your vehicle. If you take it to someone who can verify the speedometer is off (and your seed is faster then registering) you can get the speedometer fixed, bring in the paperwork to show how much it was off and they MAY reduce it to speeding (instead of Reckless) or defective equipment. The other thing you can do is attend a VA approved driver improvement class (most likely the court is going to order you to do it anyway) but by you registering-without being told by the judge shows good faith on your part and you may get the court to delay disposition on your case for a year, no further tickets, charges dropped. Because it is a class one misdemeanor, the court is going to tell you that you have a right to an attorney (as the penalty can carry up to one year in jail). If I were you I would get an attorney, the Commonwealth's Attorney is more likely to deal with your attorney then deal directly with you. Chances are if convicted of this, your insurance rates are going to go through the roof (possibly for years)- might be worth getting an attorney- A car with cruise control may keep you out of trouble in the future. Judges hate when people try to "win" their own radar cases by trying some of the tricks on the WEB....they have seen it all before so I wouldn't attempt it without an atorney.

[cavalier82]

Originally Posted by GO_ODU

Well, if you're in Amherst court on the 21st then I'll see you there, lol. In talking with my lawyer, I think it may be difficult to get charges reduced in the county. However, with it being right at 20 mph over I think its at least worth a try. I would expect a lawyer there to charge between $500 and $1000 for that.

As far as the fines, see below... that $350 is a yearly fee (3 years) and is in addition to any court costs or court fines and is not negotable with the judge if you are from VA. If you're not a VA resident, pay it and be done with it.
Good luck

46.2-862 MISDEMEANOR RECKLESS DRIVING - SPEEDING 20 MPH OR MORE
ABOVE SPEED LIMIT OR IN EXCESS OF 80 MPH. (C)2 $350 Misdemeanor 1

Can you give me information on how to contact your attorney? I also am being charged for reckless driving in Amherst and have to appear in court on the 21st.

[Electron]

...............................note to self..............drive the speed limit in Amherst County..............

[lwpat]

65 in a 45 is not reckless driving in Virginia. It has to be more than 20mph over the limit or more than 80mph. Check the statute number on the ticket to be sure he has charged you with reckless driving.

You do not have to appear if you retain an attorney. The new $1050 reckless driving surcharge has been found unconstitutional by one circuit judge but will probably go all the way to the VA Supreme Court. In the meantime they are collecting it. Due to the sever nature of the charge and the insurance increase I would advise retaining an attorney. You should also immediately take the voluntary driving school to get your maximum number of safe driving points.

[james_is_a_hokie]

thanks to everyone that has applied so far, i checked the statute number on the ticket and the charge clearly states "reckless driving due to speed".

[ERR]

What was the statute. If you don't mind me asking. I go the 22nd for 85 in 65

[james_is_a_hokie]

Law Section: 46 2 862 ; Charge: Reckless Driving Due to Speed 65/45 MPH Zone