Reckless Driving Ticket-help needed (attorney, live, law)

[DocGSD]

Originally Posted by Txhokie

No offense but you come across as a ********. I said it was an honest mistake because I made a mistake and I'm admitting it. I don't need a lecture on what I did I was simply asking for advice. Yes I have experience driving and where I'm from driving that fast (which i do not normally do) is considered normal and at times necessary if you like to make it home alive.

After examining the ticket I have found two errors. My mailing address is written wrong, which I doubt makes a difference, and my drivers license number is incorrect. When i say incorrect i mean the number isnt even close. The officer wrote down the DPS 11-digit audit number instead of my actual drivers license number. I do not know if this is justifiable for dismissal but I guess worth looking into.

From experience, I can tell you that the judge will tell you the the officer is human and can make mistakes. This will make no difference because the violation is still valid. You jacked yourself when you told the cop you thought your speed was 85. This will blow your "tires are too big" defense out. You admitted your speed. If it was an "honest mistake" then man up and take the fine. Fed's and even police departemnts could care less if you have tickets on your record as long as you can explain them and admit them.

[eddieb323]

Wow! I don't mean to depress you, but you're about to get screwed! Virginia takes speeding very seriously. I'm not exactly sure why but they do. Combine this with the fact that radar detectors are illegal here and you realize there's no way of getting around this. You might want to get legal advice. I was born and raised in Illinois and came to Virginia 6 years ago while serving in the military. Back where I'm from people go 80 or 90 on highways like it's nothing. When I go back there to visit, I always get a good laugh thinking about how they'd be spending hundreds of dollars or going to jail in VA. My first and only experience with reckless driving was in Virginia Beach. It was my first and only driving offense in Virginia, and I ended up spending 24 hours in the city jail, paying around $400 in fines and court costs, and having my license suspended for 15 days. I don't know if these procedures are similar throughout the commonwealth. If I remember correctly the maximum jail time is 30 days. If it's your first offense I can't see them throwing the book at you but it's hard to say. Good luck!

[Stripes17]

If I'm correct, the ridiculous VA traffic fines do not apply to out of state drivers! So you might be in a little less hot water.

They've sure gone off the deep end with their MV laws and how they're enforced up there. I drive pretty regularly up the I77-I81 corridors to he Harrisonburg area.

Believe me, I thank my stars every time I cross that state border back into NC!

[AJNEOA]

Originally Posted by Stripes17

If I'm correct, the ridiculous VA traffic fines do not apply to out of state drivers! So you might be in a little less hot water.

They've sure gone off the deep end with their MV laws and how they're enforced up there. I drive pretty regularly up the I77-I81 corridors to he Harrisonburg area.

Believe me, I thank my stars every time I cross that state border back into NC!

Traffic fines are now more universal between the states than ever. If you receive a traffic ticket being an in-state or out-of-state driver, you must attend court. If you don't, that county will put out a bench warrant for you. Most states are now connected and will attempt to track you down, even if you don't plan on re-visiting that state.

[Zymer]

Originally Posted by Stripes17

If I'm correct, the ridiculous VA traffic fines do not apply to out of state drivers! So you might be in a little less hot water.

They've sure gone off the deep end with their MV laws and how they're enforced up there. I drive pretty regularly up the I77-I81 corridors to he Harrisonburg area.

Believe me, I thank my stars every time I cross that state border back into NC!

There was another story about them considering applying the same penalties to non-residents.

In the past I have traveled through VA several times a year for both business and pleasure, and I use my radar detector. I don't drive as fast as I used to when I was younger, nor as often, but there are times when I exceed the posted limits on the highway (usually I-77, I-81, or sometimes 64). If there is little or no other traffic, visibility is good and the road is clear and dry I don't consider it "wrong" to do so.

Applying excessive penalties, especially when they come right out and say that it is a "revenue generation tool", is a situation that is ripe for abuse. This kind of crap makes one think of the small town/county Hicksville entrapment tactics characterized in some TV shows/movies. Your governer might as well re-name the state "Hazard" and change his own name to "Boss Hog".

Until this law is repealed VA will no longer get any of my tourist or business dollars. I will make it a point to detour around the state if at all possible.

Furthermore, if they extend these penalties to non-residents, AND it is not possible for me to avoid traveling through VA, AND is a cop attempts to stop me for ANY reason, he'd better call for an ambulance before he flips on the lights. One of us may very well be needing it.

New VA state motto:

"You aren't paranoid, we really *are* out to get you."

[SIZE=2]"The purpose of the civil remedial fees imposed in this section is to generate revenue" (Virginia Code 46.2-206.1)

[/SIZE]

[AJNEOA]

Originally Posted by AJNEOA

Traffic fines are now more universal between the states than ever. If you receive a traffic ticket being an in-state or out-of-state driver, you must attend court. If you don't, that county will put out a bench warrant for you. Most states are now connected and will attempt to track you down, even if you don't plan on re-visiting that state.

I stand corrected about the fines side: Reason Magazine - Hit & Run > Virginia Speeding Fines Update

I misunderstood what the other post was saying. The violation stands, but the outrageous fines associated with it is for VA license plates only. Very weird!

[Stripes17]

Originally Posted by AJNEOA

I stand corrected about the fines side: Reason Magazine - Hit & Run > Virginia Speeding Fines Update

I misunderstood what the other post was saying. The violation stands, but the outrageous fines associated with it is for VA license plates only. Very weird!

No problem at all. I wanted to make a point without sounding like an anti-establishmentarianist!

I have a strong love of VA from our 12 years living there, but I just can't agree with some of the things the government is doing there. These new traffic laws are the prime example.

[Dorothy1960]

TXHokies, please get yourself a lawyer. Frankly, Virginia has become not such a great place to be... the cops are out to pull you over to make money, and when they see someone with out of state tags, WOOHOO, even better. Sorry this had to happen to you... its not like Texas here...too many self righteous folks like Ashburn4 live here.

I drive 95 N every day to work and WATCH them pulling people over. They are waiting just to catch you a coupla miles over, and then BAM. They get you. Good luck and please let us know how you make out with the court date.

[flu189]

The ramping up of traffic enforcement and fines to the degree I heard in Virginia sounds at face value excessive. I don't agree with using violations as a source of generating revenue and I am retired from the job, as it just increases animosity between the public and police. But, I am curious did Virginia go through a period of increasing wrecks and traffic fatalities in order to enact such strict enforcement? Also, for those of you who drive there on a daily basis have you actually noticed any change in driver's behavior due the enforcement and fines?

[scirocco22]

Many already know this but when a LEO pulls you over and asks "do you know how fast you were going?" your answer should never be a statement of guilt. Officers do this just for that purpose and if you say "I was going 85" which is already 20 MPH over 65 MPH, he/she writes that down in their "notes" or whatever it's called so when you ask for "discovery" information when preparing for court, it's all there in writing what your response to that question was at the time. Essentially, you are screwed when present such an answer. A lawyer once told me just to say "I don't know how fast I was going, officer."

Since TXhokie hasn't reported back, I guess we won't know what happened. Oh, and TXhokie, I doubt very much if you have more highway driving under you belt than most people do in a lifetime when you're only 21.