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Speeding: Reckless driving charged in VA = misdemeanor (HELP PLEASE)

N

nsxexotic

Experienced Member
Joined
16 January 2004
Messages
627
Location
WashDC - Chantilly, VA
Reckless driving charged on Dulles Toll Road 267- speeding @ 90mph (HELP!)
I know speeding is dangerous but I just sprinted to 90 for a few seconds when the road was open and back to 75mph cruising speed. I have the worst luck.

I didn't get a ticket but I am required to show up in court for my hearing. He told me that reckless driving, besides from possible lose of license is a MISDEMEANOR in VA which will show on my record if in fact charge.

Has anyone had experience with this type of charge. If anyone knows any lawyers in the area I would really appreciate the heads up.
 
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Re: Speeding: Reckless driving charged in VA = jail/suspended license (HELP PLEASE)

Don't know VA specific. What EXACTLY did you get cited for: charges listed, prima facia speed and maybe a text of the narrative.

Reckless is usually three violations in a "short" amount of time. Ex: speeding, unsafe lange change and then tailgating.

90 MPH is not reckless, or at least it shouldn't be. Generally over 100 MPH is a misdemeanor.

You should at least consult a traffic lawyer. You can generally get a charge or two reduced or dropped in "furtherence of justice".

When wobbling between a misdemeanor and an infraction...you want infractions (badly). Know exactly where the dividing line between the misdemeanor and infaction; and admit to the infraction. Lets say that 90MPH is a misd and 89 MPH is an infraction....I would state that there is NO WAY you could be going 90 MPH, but I was going 85 MPH. And the judge will probably find that adequate and slam the gavel.

Good Luck

Drew
 
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Thats the worst place to get a ticket. They go hard on the toll road, and that is a reckless driving ticket in VA. If you dont get thrown in jail, you will get off with paying the fine and they will not allow you to drive in VA for 6 months. After that you can request a hearing to allow you drive in VA again. That will be the best that you can expect. Hiring an attorney may or may not reduce the points, but in most cases on that road..... nope. Sorry, thats the truth.
 
Donwon...

Do you know anyone in VA that got reckless driving? the outcome? I'm not sure if I should get a lawyer or not. (average cost $1000). I don't mind paying fines but I DO mind having my license revoked or getting a misdemeanor on my record. thanks

Drew... thanks for the heads up.
 
sorry to hear that you have to go to court. i got caught 98mph back in 1999 in va.(used to live in fxcking va) i paid $450 fine and 6 months suspention. also i had to spend 13 hours in jail( i was released at midnight on the court day). moreover i was kicked out from my insurance company,too. well, 20mph over the speed limit and anything over 80mph is reckless in va. moreover anything over 90mph goes to jail in va. i don't know why you didn't get a ticket but i think you should talk to a lawyer.
good luck!
 
I've had a reckless in VA..

pm me for details...

x
 
I was cited rickless driving in VA at 25 miles over the speed limit on a 2 lane country road. Basically, the judge went easy on me since I was a plus 5 point on my driving record which means no ticket for the past 5 years. She reduced my charge down to 15 miles over the speed limit and posted a -3 point to my record which brought me down to a +2 on my driving record. All, I have to pay were court fee and a hefty fine.

My impression was, it all depends on the Judge, she was very nice to first time speed offender if he or she driving record was clean.

I didn't know this before if you license in VA.
You will get a one plus point every year if no moving viloation is cited against you. So I was lucky to have 5 years of clean record. Hopefully, my insurance rate my record with the point systme not citation. :biggrin:
 
It all depends on the judge. I've seen people thrown into jail no matter what they said at the Fairfax county court. If you don't get a lawyer, you will mostlikely get reckless and misdemeaner and likely thrown in jail and license suspension of 6 month in VA as people said above. I am not sure if all these record will transfer into PA license system.

There are always cops on Dulles Toll Road. Well there are cops everywhere in Northern VA. It's not good to speed around here in general. good luck.
 
I'm stunned over VA's idea of "reckless", I'm a bit of a law and order guy and I would never think that +20 MPH is reckless in normal conditions.

For you folks that think CA is commie land, apparently you need to go to VA for a reality check. Plain insanity on VA's part.

Drew
 
nsxexotic said:
Donwon...

Do you know anyone in VA that got reckless driving? the outcome? I'm not sure if I should get a lawyer or not. (average cost $1000). I don't mind paying fines but I DO mind having my license revoked or getting a misdemeanor on my record. thanks

Drew... thanks for the heads up.
Click to expand...

I know 2 people who got caught at about the same speed on that same road. The outcome was the same as mentioned above. Both used a laywer. Good luck.
 
I'm sorry to say you are in a bit of trouble. As an attorney, my advice to you is that the best thing you can do is get a lawyer despite the fact that this is "only" a traffic citation. Anyone who has lived in NOVA can tell you that they don't screw around there. Frankly I don't miss living in Virginia one bit. For any doubters yes, anything more than 20 mph over posted speed limits in reckless in VA. Also, point infractions and license suspensions will transfer from VA to PA. Therefore your best bet is to bite the bullet and get a lawyer or at the least consult one or two for their opinions on the case. On the bright side be glad you don't pay the VA car tax, that's one more reason to hate VA. Good luck.
 
Im in Cali so the laws are different here but all i can say is get a lawyer. I got a speed contest ticket in july of 03 which is worse then reckless driving and they impounded my car that night but the lawyer had the charge dropped. So I still have no tickets :biggrin: .
 
I got a reckless driving ticket in Loudon County, VA several years ago and I was sweating it... Went to court (no lawyer - was in college and coulnd't afford one). Asked the judge for a probation before judgment (or to such effect in VA). She granted it, so I ended up with court costs, no fine and no points IF I could keep my record clear for 6 months or a year (can't remember). Nevertheless, I got another speeding ticket in Loudon County 8 days later.

Got out of that one fortunately or I would have spent the next many months walking...

If you'd like I can probably get you the name of an attorney.

-Michael
 
get attorney, and also see what your driving record has on it...

GOTTSPD said:
I got a reckless driving ticket in Loudon County, VA several years ago and I was sweating it...

-Michael
Click to expand...

hmmm... Loudon county is the 2nd coming of the Third Reich. My sister resides in Ashburn and I have had enough encounters there to let others chaffeur me around now. Most recently, I got cited for 45 in a 25 pulling out of a gas station (in a sedan w/ my dad.); the recently out of high school officer was driving on a parallel road in the opposite direction as me. I still can't make sense of it. :confused: The ignorance on his part was nothing short of neanderthal-level as he inquired my dad and myself of our ethnic background, reasons to be in VA (our car was w/ TX plates), exact activities and things we were engaged in during our visit, etc. I think he thought he had scored on a major lead post 9/11 (yea, 3 1/2 yrs later... damn eeediot). :rolleyes: Gosh, I have never ever encountered a bigger retard in my life. [and NO I won't apologize for using the word retard]. :mad:

Anyways, I lived in PA and got a handful few tickets in VA over the years (around Alexandria, Anandale, Falls Church, Reston/Herdon, Ashburn, etc). The points do transfer IF the municipality you were cited in follows through on it. I do recall not getting points from VA on a few occasions. As your out of towne, I personally feel it's a must to have an attorney, considering jail time is a possibility (albeit very unlikely), loss of driving privilege is a scenario, and also the potential of insurance revocation. Wherabouts on the toll road was this, near Loudon county (Ashburn etc) or Fairfax county?

Also, as radar/laser devices are illegal in VA... what do you people do - press your luck w/ a 'hidden' radar detector or just drive w/ added caution?
 
nsxexotic,
Get a lawyer. I have gotten a stack of tickets from living in VA, mostly in the Hampton Roads area or central VA. Only one was reckless (Va Beach). At that time, 20-24 miles over was "officer discretion" in terms of giving reckless; 25 or more over was automatic reckless. Atty got it reduced to improper (3 pts).

Osiris,
Back in 1992 I was lucky enough to receive one of the very first tickets that the VA state pigs issued with their "detector detector." And I was not speeding at the time! My solution then was to purchase a voice-alert Cobra detector with VG-2 detection and hardwire it above my rearview mirror. In dark mode, there is only one green LED, which I covered with electrical tape so no cop could see it at night. Today, I use my Uniden BCT-10 scanner when rolling through VA. But most importantly, I keep my speed down.
 
I'm all for this kind of law. Call it "spirited" driving if you like, but that doesn't change the fact that the law is what's posted and you're rather flagrantly disregarding it by going 20 over for any amount of time.

Regular traffic averages about 10 over and doesn't get a ticket. This isn't because the cops are lax about giving out tickets and will go easy on you if you go another 10 over. It's so that practically any person on the road can be pulled over at any time and the cop who did it will have a valid reason. Don't get complacent just because the cops appear to be complacent. They're not.
 
VA troopers are always hardcore when it comes to speed traps. A Valentine One will fly under the radar and help you cruise through the state safely (or is that, quickly?)
 
NSXROX said:
VA troopers are always hardcore when it comes to speed traps. A Valentine One will fly under the radar and help you cruise through the state safely (or is that, quickly?)
Click to expand...

Not advised. Radar detectors are illegal in Virginia. Set cruise control to +/- 5mph of speed limit and hold your breath till your in the Carolinas. :wink:
 
donwon said:
I know 2 people who got caught at about the same speed on that same road. The outcome was the same as mentioned above. Both used a laywer. Good luck.
Click to expand...

DONWON - what was the exact outcome with the two people you know whom got lawyers? did they go to jail and did they get MISDEMEANOR charges?
Thanks in advance DONWON


Frankly at this point I don't care if I have to spend $1000 on lawyers and court fees. I am a good citizen, never harmed or hurt anyone, and want to keep the clean criminal record I deserve. At this point i'm losing hair and sweating it.

Thanks everyone for their help and advice
 
Looks like you need to show up at the court room but in Loudon County.
It's better than Fairfax County.
I got the speeding ticket on I-66 over 100MPH with my EVO, I got 2 lawyer and get dismissed for the case.
I spent a lot of money to pay the lawyer.
I think you need to hire a lawyer that familiar with Loudon County Court.
Good Luck.
 

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