Help, speeding tkt in VA.

lol.

This happened over 6 weeks ago and you are just now trying to figure out what to do - 2 days before your court date?

 

Well, if you can postpone it while you get your competition license - then all you should need to do is show that to them and they would certainly drop the charges.

 

Talk to a lawyer.

If the issue is important enough to you: hire one.

Otherwise, you're probably screwed.

 

15 over? No "reckless" charge?

Call the number on the ticket to hear the rates. They may be cheaper than you think.

Depending on what town this is, do *NOT* bring up a performance driving license or how good the car is. Egalitarianism is the religion of northern VA governments. E.g.: Everybody sux.

 

Well, the only advice I can give is not to bring this thread into the courtroom as part of your defense.

Sounds like you are guilty............

 

The only people who get out of tickets are police officers or those who are reserve officers. The police take care of their own. If you want to speed, then become a reserve police officer and you will never have to worry about another ticket again. Plus, you'll get all the free coffee and doughnuts you can eat, just show the doughnut guy your badge. The only price is you might have to train once a month, but some people like playing cops and shooting guns at the range. If Shaquille O'Neal can become a reserve sheriff's officer, than anyone can.

 

IANAL but...

I think your best bet is to show up in court (preferrably with a lawyer) and hope the cop doesn't show up for the ticket hearing. Usually if the cop doesn't show, you will get it dropped.

If not, the lawyer should have some suggestions like calibration on the radar etc... He may at least be able to get the ticket down to a 5-10 mile over instead.

I doubt that any stories of why you had to drive that fast, or what a great driver you are will help in any way, in fact it will most likely make it worse so I would leave all those out. That's why the lawyer would be your best bet. They can also get the ticket hearing delayed for you. Make sure you get a local lawyer where you got the ticket also.

 

From a large law firm, this is well worth studying:

http://www.norman-law.com/speed.pdf

 

If you were passing a larger vehicle (semi) the older radar guns generally read the larger objuect in the radar field, so you could say he was clocking the other vehicle which was passing you?
The sun was in my eyes....
I had diarreah and the next exit was 7 miles away....
My GF was giving me .....

BT

 

Kompressor,

Much of this has been discussed here previously. You should do a search. However, a few things are worth reminding everyone about in VA.

First, you have the right, not the just the option, to continue the case at least once in VA. In other words, you do not need a reason to continue the case once. Additional continuances require a legitimate reason.

Second, just because the PoPo doesn't show doesn't mean you're going to get off. Judges in VA will continue the case until the next scheduled appearance of that offficer. They figure that since you get one chance to continue it, the Commonwealth does, too. And, it's certainly possible that an emergency caused the officer's absence. However, IF the officer doesn't appear because he is no longer on the force, you can request a dismissal, and it will be granted because the Commonwealth has noone to present the evidence against you. Very rare instance, but it's happened before.

Third, while I can't remember which counties I-85 goes through, each county kind of has its' own attitude about speeding. Different PoPo, prosecutors and judges. You didn't mention which county the citation was issued in, but you can certainly try to get any of the three to cut you a break. While most cops are unwilling to just let you off on the spot, if you were respectful he won't likely go against the prosecutor's recommendation, which you will negotiate. If you have a clear record, the prosecutor will likely drop the charges down. You were ticketed for a 10-19 over, correct? The next lowest citation is a 1-9 over. That's a relatively minor infraction. It carries points, but you'd also need to check with the MVA to see if they would transfer over. Just call them. Now, if the prosecutor won't drop it down, you still have the judge to work with. However, your excuses won't matter. It's best to say you were speeding, are sorry you sped, have a clean record, would like to keep it that way and throw yourself, respectfully, on the court's mercy. You have one final bargaining chip: ask for a probation before judgement, or equivalent. This is when the court thinks it's a one-time occurrence and will grant you a period of time during which if you don't get another citation, the ticket disappears. Some counties use it. Some don't.

Don't waste your time with an attorney on such a small offense as there's really not much more they can do. They're not likely going to call in a favor for you, so they'll just do what you can do in this instance. If it were a reckless charge, I'd advise otherwise.

Good luck, but your procrastination is working against you. And, coming on here 2 days before with no posts and asking for advice is not the way to make a good impression with us, either. Finally, you would most likely get better commentary if you had posted this in the Mid Atlantic forum.

CW

 

What does it matter whether he posted his questions 2 days or 6 weeks before his court date? Do you really need the extra time to do research to answer his question? Geez.

 

DesmoMini,

Had Kompressor started this process earlier, there might have been time to do a more thorough investigation (on his part). He would certainly have had time to consult with multiple attorneys. He would even have had the time to speak with the officer. He would have had time to do research. While it's certainly his choice to wait until the last minute (by his own admission, he thought he had more time), it's usually wise to start the process earlier rather than later. Moreover, by waiting until the day before, what if noone with anything relevant to say on the matter actually saw the post? He would also have the time to move the post a better section for commentary and answer some basic questions, such as which county the citation was issued in. If I knew that, I might have some recommendations for attorneys or better strategies for him. He would have had the time to call the MVA to find out, for certain, whether the points even transfer and whether or not to even consider this much more than a nuisance not worth worrying about in the first place. I could go on and on. And, on top of this, Kompressor's first posts are about what we can do for him. Happy to help, but it makes me wonder why I want to help someone who isn't a contributor to the community or possibly even an enthusiast or possibly some knucklehead. Either way, we just don't know this guy from Adam.

Now, all of this is predicated upon his interest in actually getting out of this ticket or at least getting the best outcome he can under the circumstances. This is in HIS best interest, and I really have no skin in the game. Hopefully, he's learned something, but it's really up to him. However, to yell for help the day before he goes into court is, unfortunately, a little late for anything other than passing on some useful advice and saying "good luck". Fair enough?

CW

 

Well said!

 

It's not a reckless driving charge...pay by phone and take a free day off work.

 

In VA, the charge is the same whether you are 5 over, 10 over or 15 over. The charge changes to reckless when you hit 20 over.

 

CyberSeal,

I believe the categories are as follows.

Speeding 1-9 mph over, Speeding Charge, 3-points
Speeding 10-19 mph over, Speeding Charge, 4-points
Speeding 20 mph over or over 80mph, AUTOMATIC Reckless Charge, 6-points.

I double checked on the VA DMV site.

Our fine fellow, was likely hit with a Speeding 10-19 mph (although, he was only 1 mph away from a reckless at 81).

CW

 

If you were speeding and got caught just face up to it, and pay the bloody fine!
Next time do what we all do......................Don't get caught!

Cheers from down-under
Ross

 

Kompressor,

Glad it worked out alright for you. The judge did you a big favor by reducing it. Had you received a reckless, it would have been expensive for any number of reasons.

Unfortunately, my experiences and advice would be most relevant in NoVA, and each county has its own judges and attitudes regarding the VA law.

I am unaware of any law the prevents you from taking traffic school either as a part of a bargain or as something to earn back some points after an infraction. Frankly, I'm a little surprised, but it sounds like VA is still up to its old tricks. Moreover, at least in NoVA, if you are convicted of over 90mph, jail time is likely. Suspension, too. Plus a fine.

Finally, your point about judges not caring about you is accurate. It's my personal belief that judges who have sat on the bench for any length of time couldn't care less about you, your problems or anything other than the fact that they are part of a revenue generation mechanism. Don't get me wrong, speeding breaks the law. Breaking the law should be punished. Yadda, yadda. There are laws, and then there are laws. Breaking the ones about murder, rape or robbery generally is a bad idea and should be severely punished, but most drivers are doing something wrong 10 seconds after they've put the key in the ignition. It's just a matter of whether you're unlucky enough to be observed by a PoPo and cited. However, it always seems as if they throw the book at the lesser offenders yet give the serious offenders relatively light sentences in exchange for very heinous crimes. The legal system seems to be far too tolerant of the bad crimes and over-punishes the not-so-bad ones.

Anyway, put it behind you, watch your speed in VA (sorry, but they've even outlawed radar detectors) and hope it doesn't show up on your Maryland record. From what I understand, MD would have to request your information from VA for reciprocity to attach as VA does not unilaterally provide such information.

CW

 

Kompressor,

Can't say what the MVA's tactics are regarding reciprocity and assessment of points. You might want to call, anonymously of course, to find out if you care to. Otherwise, just periodically (maybe once-a-year) get a copy of your record (probably won't show up if it doesn't transfer within 1 year, but please don't rely on my mere belief).

I'd say that MD does have higher average speeds, and I concur that they'll leave you alone if you're traveling with traffic. Just don't be first in line next time (regardless of whichever State you're driving through...don't make yourself the target). VA is a little more uptight about speeding, in general.

CW