HELP--Reckless driving ticket (attorneys, 2007, start)

[bargainmom]

Get a continuance (Say you will be out of the country on that day--look up excuses I believe if you have a sick child a few days before the court date and no babysitter that might work too) and get a good lawyer.

Welcome to Virginia! Highway Robbery on every corner--that's how the make the majority of their revenue! And the troopers are like Nazis.

[bargainmom]

The pigs in Virginia are notorious for lying on the stand. It happend to me once, too. The cop told a bald faced lie to the kangaroo court traffic judge.

[saganista]

MARILYN80...

Glad it worked out reasonably well in the end, even though I'm sure it was no fun at all along the way. Hope there are other reasons as well for the move to Nevada, though. Good luck there. Meanwhile, your example of the good that an attorney (and I'm not one) can do for you will maybe help people facing a reckless charge in VA realize that they really do need representation. This isn't at all a trivial matter, and the other side is playing for keeps.

That said, the law is a stupid one. As another poster said, speeds of 80 mph and more are a garden variety part of the daily commute for many people in the state. But the police don't enforce speed limits (or much else) during rush hour...they simply wait to respond to the inevitable accidents of the day. It's in non-rush-hour that 80 mph effectively becomes a crime, and that's just part of a whole host of areas where problems are addressed by a legislature that doesn't know what else to do simply by increasing whatever the penalty is for doing whatever they think you shouldn't be doing in the first place. Solve drunk driving by increasing the penalties for it, solve speeding by increasing the penalties for it, solve drug use by increasing the penalties for it, solve child abuse by increasing the penalties for it, solve illegal immigration by increasing the penalties for it. It's absurd. Even when there is no evidence that penalties of any length are associated with a decrease in a given behavior, both people and legislatures will reliably turn to the talisman of stiffer penalties for it. A witch doctor would provide better medicine in most cases. But that simple fact doesn't change reality, and the current reality is that reckless of any sort is a very serious matter in VA, and it's really only those who take it seriously who tend to find themselves still more or less in one piece when they reach the other side...

[VaVet96]

Originally Posted by saganista

MARILYN80...

Glad it worked out reasonably well in the end, even though I'm sure it was no fun at all along the way. Hope there are other reasons as well for the move to Nevada, though. Good luck there. Meanwhile, your example of the good that an attorney (and I'm not one) can do for you will maybe help people facing a reckless charge in VA realize that they really do need representation. This isn't at all a trivial matter, and the other side is playing for keeps.

That said, the law is a stupid one. As another poster said, speeds of 80 mph and more are a garden variety part of the daily commute for many people in the state. But the police don't enforce speed limits (or much else) during rush hour...they simply wait to respond to the inevitable accidents of the day. It's in non-rush-hour that 80 mph effectively becomes a crime, and that's just part of a whole host of areas where problems are addressed by a legislature that doesn't know what else to do simply by increasing whatever the penalty is for doing whatever they think you shouldn't be doing in the first place. Solve drunk driving by increasing the penalties for it, solve speeding by increasing the penalties for it, solve drug use by increasing the penalties for it, solve child abuse by increasing the penalties for it, solve illegal immigration by increasing the penalties for it. It's absurd. Even when there is no evidence that penalties of any length are associated with a decrease in a given behavior, both people and legislatures will reliably turn to the talisman of stiffer penalties for it. A witch doctor would provide better medicine in most cases. But that simple fact doesn't change reality, and the current reality is that reckless of any sort is a very serious matter in VA, and it's really only those who take it seriously who tend to find themselves still more or less in one piece when they reach the other side...

If increasing penalties for reckless driving, illegal immigration, drug use and child abuse is "absurd", what do you suggest they do? They can't ignore those issues. I'm not saying that you're implying they should either. Education? Well, of course, but the amount of public service education and media coverage on all of those topics is quite high already. I'm just curious as to what you think should be done to curtail those behaviours.

[saganista]

Originally Posted by VaVet96

If increasing penalties for reckless driving, illegal immigration, drug use and child abuse is "absurd", what do you suggest they do? They can't ignore those issues. I'm not saying that you're implying they should either. Education? Well, of course, but the amount of public service education and media coverage on all of those topics is quite high already. I'm just curious as to what you think should be done to curtail those behaviours.

In general terms, there is not a need for an alternative even to exist in order to conclude than an existing program is not worthwhile. Such programs are fully capable of sinking or swimming on their own merits and can be validly judged on those terms.

To become somewhat more specific, the one-size-fits-all solution of increasing penalties is known from countless analyses and studies to be effective only in limited circumstances. It other circumstances, it can be downright counter-productive, to the point where the 'cure' does more harm to the population than did the problem supposedly being addressed.

Becoming literally specific about each of reckless driving, illegal immigration, drug use, and child abuse would require more time than they are going to get, at least on the evening of April 15. Some scattershot points instead. It doesn't make much sense to pile the penalties on 80 mph while all but simultaneously increasing intercity speed limits to 70 mph. Why not set the limits back to 55, where they had been for years. Illegal immigrants come here for reasons other than a desire to flaunt US immigration laws. Why not recognize that their presence here is largely an entirely predictable result of our own, and simply give those with an established record the little piece of paper that magically makes them legal again. The War on Drugs has dragged on for decades, and the end result is wasted billions upon billions of dollars, and drugs that are cheaper, more potent, and as widely available and used as they were to start out with. Decriminalization and medically-based harm reduction programs could not help but have more beneficial effects. There are no magic bullets for classic child abuse. It's a complex and deeply-ingrained problem. At the same time, we've cut the rate of cigarette smoking in half over just a few decades. And without locking up a single smoker along the way. So, maybe there's hope here too...

[pofulover]

Thanks Marilyn for your info- it has been a huge help for me
so the only thing Im wondering about is why doesnt everyone just hire a lawyer to get them off easier. Yes, in like a situation like yours where the sheriff person lied, the lawyer could pull out the evidence he needed and prove that the sheriff lied. In a case that runs normal and the sheriff tells the truth etc like what would the lawyer exactly do to get someone off easier besides present represent in a very nice manner to the court.

Thanks for your help.

[DecayingAngel]

I hate to put a damper on this, but the truth is that speed does kill. Even 20 miles above the limit can be a lot. I live on a two lane (barely) country road with a speed limit of 40 mph. I cannot tell you how many times me and my dog have been almost hit by people doing in excess of 60 or more. Cars have also come within inches of me and I've almost been hit just trying to get my mail.

I curse under my breath that no state police are around. They would have a field day writing tickets on my road. There are children, animals etc. and not much of a shoulder to speak of. The road encourages speeding because it is poker straight with no turns and only one stop sign its entire length.

All I'm saying is there are reasons why the speed limit is what it is in certain areas. And on our 65 mph roads, if you go the limit everyone is passing you.

I expect some bashing on this but having almost been run down a number of times, it does show there is a definite need for people to obey the law.

End of rant.

[Yankeesfan]

Thank you, Decaying Angel, I just posted a similar sentiment on another thread.

[Nevermore1]

Get a lawyer - they can suspend your license for one reckless offense or restrict it.

[Thruway]

Originally Posted by marilyn80

I was cited for reckless driving here in Virginia (I am a resident) back in late September. I was going 60 in a 55mph zone BUT on that fateful morning, they were just beginning construction and so the trooper said it was now a 35mph zone. I was running with the flow of traffic, no lanes were closed, no workmen were present as it was early morning and the only equipment present were some orange barrels which were on the shoulder of the road. It turned out this little area turned into a very lucrative little trap for both troopers and sheriffs for the next month or so.

Reckless driving is not just a speeding ticket, it is a CRIMINAL offense in this state and carries the same weight as a DUI. The LEAST of your worries would be a fine and an increase in insurance. You could have your license suspended for up to 6 months, spend a month in jail, and/or pay up to $2500 in fines. Plus your insurance could be DROPPED all together. This also could affect future job searches as you would have to own up to this (if you were convicted) under the part of job applications where it asks about criminal records. And rdbeard is right, you could have been arrested on the spot.

My court date was on October 31st and when I showed up just about the entire docket was full of other people cited for Reckless. I was the only one that I saw during my time slot with an attorney. I was also the only one who wasn't convicted on the spot. The judge made a continuance for me and so I appear tomorrow (Feb 6) in court. My attorney charged me $500 up front and that is what he gets until this matter is settled. Flat fee is nice to have so you don't get sticker shock at the end.

Virginia is FAMOUS for this sort of thing. Last summer, a law was passed saying that if you are stopped for going 20mph or more over the limit, the trooper MUST cite you for reckless. Before, like in many other states, they could cite you for reckless after 20mph over at their discretion, but since July of 2006, it is now mandatory for them to do so. I should also mention that in NC it is the same way. But NC takes it one step farther... anyone convicted of reckless there automatically serves a 30 day jail sentence as a minimum punishment no ifs, ands or buts.

I am not attorney nor am I affiliated with one, but honestly, for those of you who may be reading this and are thinking of going in without an attorney, DON'T. It's not just a little driving ticket or traffic violation. It is VERY serious.

I'll post tomorrow after I find out what happens in court.

Is it just for troppers on the interstate or ANY ROAD?
Link?