Reckless Ticket in VA

Yet again another violation blown way out of proportion. I feel for your family member. Went through the process a year ago. When will this insanity stop. A ticket is one thing but the penalty is way out of proportion to the crime. Well it isnt really even a crime for goodness sake. All I can say to you being from Delaware is I didnt have to go to court. I didnt get reckless operation because the ticket was reduced ( was 87 in a 55) and it just made the lawyer a lot of money for his time and made the court a lot of money and proved to me that Virginia is a Police state not unlike Russia of the 1980's. AS if they care but i will never drive a car in that state again. I make someone else get behind the wheel when we cross the border. Jon happy to be in Delaware

 

I have to agree that Virginia is over the top in several car-related areas of law enforcement, and I live in the state!

If I could, I would change the following laws:

- Reckless Driving would only be charged if you were endangering someone else's life, such as driving in traffic in an extreme road rage fashion. A speeding ticket would be sufficient for the crime of speeding.

- Legalize radar detectors. I think only VA and DC outlaw them. It is a dumb law to outlaw them and is a waste of money to try to enforce it.

- Mounting of a front license plate should be optional, not mandatory. Cars get better MPG without a big square thing on front. Plus, they look ugly.

- Allow darker tinting on windows. I don't tint my windows but this is just one more thing the police hassle others about. The police carry a device that measures the % of tinting and they give tickets if it is 1% over. I think the limit is 50% for the front side windows. A common "crime" is having a tint shop tint those windows with a 50% tint but then be ticketed for 53% because the car manufacturers put a 3% tint into the window as a default amount. They should definitely not be so tight on the margin of error.

- Get rid of all the window stickers for showing that you paid your property taxes and passed the safety inspection. Keep a database of cars out of compliance and add that to any ticket when they get pulled over for something else.

- Require that all speed limits be set by whatever speed 88% of the population drives that section of road at. We have all kinds of "speed trap" roads where the logical speed is 45 mph or so, yet they are posted for 30 mph or even 25 mph in some cases. You should be able to fight a speeding ticket by funding an inexpensive speed survey study for that section of road. Let's say the fee for that study is $300. If 88% of the drivers go your speed or higher, then your case is dismissed AND they must post a higher speed limit on that section of road.

If we could just make our car laws like our gun laws in this state, we'd be better off.

 

That shows the power of a lobby, IMO. Its a total joke how the farther into gun country you go, the more insanely rigid the road laws are.

I'm not complaining about gun laws, but its pretty interesting that you can waltz into a Walmart and buy an arsenal, but if you dare drive without a license plate on the front, or with an exhaust that is "too loud" or with 54% window tint, you get pulled over and read the riot act as if you had just robbed a bank. Meanwhile, none of these serious violations prevent the car from passing inspection, being titled, getting sold, etc.

All that proves is that DMV successfully dodges a hassle through political maneuvering, the commerce organizations that the tint shops and car dealers belong to successfully piggy back the DMV dodge (and not state wants to piss off business too badly) and the schmuck consumer is left holding the bag dealing with the local storm troopers.

Motorists need a motorist equivalent of the NRA.

 

I guess that I'm the only one here that has a different opinion. Going almost 90 in a 55 should be reckless driving. It's very simple, if you don't want to pay then don't drive that fast! Same goes for red light cameras, dont run it and you wont have to pay. For those of you that know me and have been on drives with me then you know that I have often pushed it to triple digit speeds. And I will be the first to admit that it isnt safe and if something would have happened then I would expect a fine/points or even jail. There was a fatal accident recently where a couple of kids died so instead of enforcing the speed limit they want to spend millions of dollars to improve the road. Oh and that road was empty, except for the deer that ran out infront of them.

 

just a little harsh. The original poster states 87 in 70. Not nearly 90 in a 55, a rather different situation.

 

80+ in Va is automatic reckless -- new limit of 70 in many areas has resulted in a huge increase of reckless tickets being issued (running 10 over and being safe is no longer an option)

 

Nick,

To stay on topic, I would speak with Wayne (FOU) is his username. He has helped many a person from Fchat with always great success. I am pretty sure he does not practice in that area, but he will know who to contact.

Send him a pm.

 

You can't blame the gun country states. Tennessee has very few gun restrictions and none of the insane traffic laws you VA residents deal with. No immediate reckless driving based upon speed, no front plate requirement and our window tint is 35%. It maybe the closer to the coast the crazier the laws. Cali and VA seem to share a lot!

 

That is way the hell out there for me. You do not want to pay me to drive out there unless they found a dead body and a kilo of coke in your trunk.

Try calling my buddy Bev, http://www.davis-attys.com/

or another great friend out that way Carter, http://www.thebedfordlaw.com/

Tell either one of them that Morgan (thats what my friends call me, Wayne is my professional name) sent you. We all went to school together, and they are both great guys. One got the Va. Tech/ San Fran 49ers quarterback Jim Druckenmiller off rape charges a few years ago and the other has won some high profile murder trials recently. Taking care of a traffic case will be simple for either one. Our other buddy currently is sitting as the traffic judge in that county I believe

Technically, you must appear for a reckless as it is a jail-able misdemeanor, but I suspect either one of those guys can waive the appearance after speaking to the state attorney. I do that all the time for folks passing through on 95 or 85 or 64.

 

And you guys thought I was kidding......look what was on the news this morning in
Richmond. Clifton Forge is right about where that ticket was issued. You should hear some of the stuff I have dealt with over the years.

http://www.nbc12.com/story/15097747/man-arrested-after-body-found-in-trunk

 

My bad, As soon as I saw 87 I thought of one of the guys that I work with who was nailed last week on 395 for doing 89. He was pulled out of his car, patted down, put in cuffs and in the back of a police car. After the cop ran his license and threatened to take his butt to jail he let him go with several tickets. Sorry for the hijack!

 

"I thought of one of the guys that I work with who was nailed last week on 395 for doing 89. He was pulled out of his car, patted down, put in cuffs and in the back of a police car."


One can drive a long way in Europe without seeing the oppresive police presence we find here. I wonder why.

 

Because in Europe they just mail you the ticket from their cameras. I jest, I agree with most of the post concerning the reckless laws in the Commonwealth.

 

That's not exactly true if you are a Brit driving a German car in France !!.. I was clocked at 197KPH - PLOD was waiting at the next toll, instant fine - CASH they escort you to a cashpoint but if you don't have the cash your in for a night in a french police station. Luckily I had the cash, but they still wanted me back for a court appearance, so they could stamp my passport - not welcome in France. Now you might understand why we've had more battles with the French than any other nation....
BTW didn't go back as they still have the guillotine !

 

Oh, don't get me going on THIS topic!

CW

 

§ 46.2-862. Exceeding speed limit.

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

 

That's half the story...

Please post up the relevant code section related to the violation that states the penalties. Up to a YEAR in jail. Fines. Suspended license. Hmm...what else?

Insurance guys jump down your throat. If you ever get another speeding ticket, the prosecutors rake you over the coals.

Yup, VA's a peach!

CW

 

In the uk there are hardly any cops left, and they can't drive for sh**. Lots of cameras though, but a laser jammer and Tom Tom worms pretty good against em

 

Anytime Nick, keep me posted PM if you want. Trust me, with either one of those guys you are bringing a Gatling gun to the afternoon water spouter game at the pool

 

They took me into custody in France one time. I was willing to contest the ticket. They let me go, but held my passport. I was actually wanting to go to court as I was staying there for a month or two. After taking my passport, I was able to meet and negotiate, in French, none less, a deal to pay a 700 franc fine.( at the time about $95) . The French prosecutor was willing to speak with me and I am fluent enough to get by. Only time, and never again will I suggest a deal without a lawyer.

Despite my post on the other thread, and if you speak a couple languages, and can work a deal with a foreign lawyer, would I ever suggest dealing without a lawyer.

 

What was the outcome, and who did you end up hiring to represent?

On the two recommended by fou, do they usually travel to Allegheny County? Seems out of the way a bit. Thank you in advance.