am I screwed? I need a traffic lawyer for VA ticket

Man that really sucks! They don't play around in VA.


I'll ask around, what county are you scheduled to appear?






I've heard Virginia traffic court is wonderful . I am sure things will go very smoothly.... but just in case, I would consider banjo lessons and vaseline. It will make you real popular in the clinker.

 

Jon,

Reckless driving for 20+ mph over is a serious charge. Treated the same in VA as a DUI.

Which county is the ticket issued for? Fairfax Co., Prince William Co., ??.
The county makes a small difference on who is the best attorney to recommend.

Highly recommend you hire an attorney for this.

 

Jon,

PM sent.

 

What car were you in?

 

Fairfax is by far the toughest local county on traffic violations. Especially reckless. From experience (although I was on a bike with the same numbers.)

Good luck.

 

Fairfax blows. Its all about revenue to pay for lavish courthouse, Taj Mahal government building, police helicopters,..... Yet, can't/don't prosecute felony embezzlement cases because there is no $ in it for them. From what I've seen, probably rapist and worse walking the streets also.

 

This was one of the worst stories I heard about speeding in Fairfax County, VA.
He was doing 103 in a 55 on the Dulles Toll Road.
Spent some time in jail and lost his license for 6 months. Yikes!

http://www.ferrarichat.com/forum/showthread.php?p=139752507#post139752507

 

You only have to go 15+ mph above the limit to qualify for reckless. Reckless is a class 1 misdemeanor in VA. maximum penalties include: $2500, up to 12mo in jail, 6pts and suspended license.

 

FWIW,
regardless of what Virginia wants to call 20+ mph, Delaware will consider your conduct, not the offense, in regards to your driver's license. Another words, if Virginia wants to make driving over 10 MPH over the limit a capital crime, that is their problem and you will have to deal with them, but Delaware is ultimately going to treat it as it would if you were driving 10 MPH over in Delaware.

It MAY also be the case that certain offenses aren't reported to DE. I haven't seen the reciprocity agreement between the two states.


Here is DE's statute adopting the Driver's License Compact as pulled off their website.


ARTICLE IV

Effect of Conviction

(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state in the case of convictions for:

(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

(3) Any felony in the commission of which a motor vehicle is used;

(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

(b) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.

(c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) of this article as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.

 

Jon,

My son got one for doing 84 in 55 last night. Since we don't live in VA, the cop told him that he had to call the number and they would give him the fine to send in. This was on the Eastern Shore, so it may be different, but still VA. Jodi went on the state web site and they give the fines as $62 plus $5 per mile over the limit. Before you get a lawyer, call the number on the ticket and ask.

Good luck and we will trade war stories as the drama progresses.

 

It just happened to me last Feb. I was pulled by the Park Police for 62 in a 40. Like your experience, the officer was a humorless sob. Because I maintain a security clearance I did not want to mess with this and got a lawyer. Ironicly I showed up to court early and the prosecuting attorney immediately agreed to drop the reckless and just give me the fine before my attorney had even showed up. Again, don't panic and be respectful in he process and you will likely just get a small fine.

 

Is the $1000 "evil driver" fine still included as part of going 80+?

 

Yup, that sucked, and I will never have residency in VA again. EVER.

Anyway, to the OP, your issue will be with the way the VA Code is written. In VA, it's either 20mph or more over the limit OR over 80mph. They've got you either way. At first blush, since you're only 2mph over 80, I suspected they'll deal you down to a mere speeding. However, the way the code is, you're also 8mph over the 10-19 over the limit citation. Since you're not a VA resident, the real question is what reciprocity does DE have with VA. Don't know. That's going to be critical.

FYI, jail time in FX county is only for 90mph and up. It's an "unwritten rule". But, it certainly makes sense to inquire with an attorney, regardless, as being caught in the mill as grist doesn't feel so good. Especially if you could have done something to easily save yourself. You might be able to push for a PBJ (Probation Before Judgment) and agree to a driver improvement program. Lots of options to derail this, though.

Good luck.

CW

 

CW,

Glad you explained what "PBJ" means.
I was thinking "peanut butter & jelly sandwich" - perhaps something they serve in FFX jail if you're good.
.

 

no; repealed two years ago.

 

Jon -

A friend of mine was caught at over 100mph in a 55. His attorney managed to bargain him down to 1 night in jail and $1500 fine (I think 30 days suspended). Originally, he was looking at a week or two and a much larger fine.

As others have said, get an attorney. I will find out if his was in Fairfax and if so the name of his counsel.

Note also Joe Z's comment on how DE is involved. Any guilty plea or judgment may come to bite you in Delaware as well. Even if VA lets you off with a fine, if the entered judgment fits in a DE violation, you will be assessed points and license privilege penalties as if the infraction incurred in DE. DE is one of the few states to do this. I have DE points, regrettably, as a result of a FL citation I could not contest. I have heard that some people get lucky and the report never makes it onto their license. Regardless, keep this in mind when you negotiate your deal.

 

My brother-in-law got hit yesterday for 70 in a 55. He was on 301 coming back from Duck. He was in the minivan, polite, apoligetic and got no slack. He asked the officer what the total fine was going to be, he said "I don't know".

 

Jon, my neighbour was caught 81 in a 55 in Fairfax - he got a lawyer but still had costs circa $1K but no points - happened a couple of years back, he'll see if he has any contact details to pass along.

Jeez when they compare this to being DUI - they clearly have their heads up their arses !

 

It's true...the judge gave me jail time, but a 1st offense in VA for DUI (at the time) came with no jail time (other than what was served directly after being pulled over). VA is off the hook loony.

CW

 

Jon, my neighbour was caught 81 in a 55 in Fairfax - he got a lawyer but still had costs circa $1K but no points - happened a couple of years back, he'll see if he has any contact details to pass along.

Jeez when they compare this to being DUI - they clearly have their heads up their arses !

 

Ummm, its Fairfax Virginia, its not the only thing they have up their arses.

<<<<<<<<insert banjo music here>>>>>>>>>>>>>>

 

Also meant to mention my fine was only 150 plus court costs.

 

Personally, I just choose to play their game to win - I don't drive so fast and they don't take my money. I call that a "win" in my column.

I may not like it, but I like them taking my money even less. "Cost-benefit"....

But that's just me....

gp