Reckless Driving by speed in VA, advice please.

[NateV8]

Last month while driving in VA to my home in Pittsburgh, I got pulled over for doing 78 in a 55. The officer gave me a ticket for "Reckless driving by speed 78/55 S-Radar (A-12-24)" Law Section: 46.2-862. I was very polite and cooperative.

This was in Fauquier County. The court date is July 19. Today I was reading up on this ticket and it looks like a very serious charge,

Reckless driving is a Class 1 misdemeanor criminal charge - in the same classification as a DUI | DWI charge. The penalty parameters for reckless driving is up to one year in jail, and/or up to $2,500 in fines. Reckless driving carries the possibility of a suspension of driving privileges for up to 6 months.

I'm pissed I didn't read about this sooner bash it looks like most people recommend I get a lawyer and now i'm guessing is way too late to get one. Is there any chance of rescheduling the court date or should I just go without one and try and get it lowered to a normal speeding ticket?

I live in PA, could my license get suspended here for this ticket or only if I lived in VA?

Not sure how the points work between states, if it did get changed to a normal speeding ticket would the points be added onto my PA points? Not sure if I even still have any on my record, I got a careless driving ticket about 2-3 years ago. How can I check?




Anyone get this ticket with a similar speed to mine? What was your fine and was your license suspended?

 

[svtcop]

1 word, best answer, probably only answer you should take.


Lawyer

(yes you still have time to get one. Do it today, or first thing tomorrow, have him/her contact the court in an attempt to reschedule)

 

[shb5007]

Welcome to the new crazy laws of Virginia...

 

[silver03svt]

Welcome to the new crazy laws of Virginia...

Uh, this isn't a new law in VA. VA has been 20+ over the limit is reckless driving by speed. It is a Class 1 Misdemeanor. It is punishable by a MAXIMUM of 12 months in jail, and/or up to $2500 in fines along with a loss of privilige to drive in VA for up to 12 months. VA cannot suspend your privilige in PA to drive. BUT, check with PA to make sure their DMV will not suspend you.

I would recommend 1st, get a speedometer calibration. If it is off it the right direction, it can help you. 2ndly, pay up for a lawyer, and show up for court. You can ask for a continuance on the 1st hearing. The judge will ask why you want the continuance. Just tell him you want to retain counsel and get a calibration.

Good luck OP.

 

[ASRacer]

If you don't get a lawyer, you can call the number listed on the front of your summons and ask for a continuance. If it is prior to 10-days before your court date you will probably have to come in to court to request it. That should give you enough time to get an attorney. It will mean a second trip to VA but you may find that it is worth it.

If you don't go the lawyer route, in my experience for 78/55 you are most likely looking at a fine and court costs. While jail time is a remote possibility I think you will find that it is highly unlikely.

I can't give you legal advice, but if I were in the same situation and I lived in PA, I would have a copy of my driving transcript to bring to court. I would take one of the online driver improvement schools that are recognized by Virginia, BEFORE going to court. Then I would talk to the Commonwealth Attorney and see if they would offer to change it to 46.2-870 and keep the speed the same. This way they still get their pound of flesh and the offense becomes a traffic offense instead of a class 1 misdemeanor.

 

[FordSVTFan]

This is a CRIMINAL charge. If found guilty you will have a CRIMINAL record which will impact anything you do that requires a background check. It is best to hire an attorney who is local to the area and appears in that court often.

 

[dgood86]

I was charged with multiple violations on my CBR 600RR 4 years ago, 2 of the tickets were reckless driving, one by speed, the other a "general" reckless driving ticket. I got a lawyer, and at the troopers and my lawyers advice took a defensive driving course. The lawyer worked things out with the trooper if i took the class and both were reduced to a 19 mph speeding ticket, and an improper driving ticket.

So my advice is call the trooper, i believe you can contact him through a number on the ticket, ask if there is anything you can do(defensive driving course *cough*cough*), probably get a lawyer, and wear a suit to your court hearing.

Unless they really want to bust your balls, the troopers will usually work with you if you are respectable and show responsibility.

 

[dgood86]

I was charged with multiple violations on my CBR 600RR 4 years ago, 2 of the tickets were reckless driving, one by speed, the other a "general" reckless driving ticket. I got a lawyer, and at the troopers and my lawyers advice took a defensive driving course. The lawyer worked things out with the trooper if i took the class and both were reduced to a 19 mph speeding ticket, and an improper driving ticket.

So my advice is call the trooper, i believe you can contact him through a number on the ticket, ask if there is anything you can do(defensive driving course *cough*cough*), probably get a lawyer, and wear a suit to your court hearing.

Unless they really want to bust your balls, the troopers will usually work with you if you are respectable and show responsibility.

BTW, my speed was similar to yours, I was going 82/55 and passing cars on double yellow lines.

 

[Outlaw99]

the trooper can not give legal advice. that is completely un ethical and grounds for termination.

thats what a lawyer is for.

 

[dgood86]

the trooper can not give legal advice. that is completely un ethical and grounds for termination.

thats what a lawyer is for.

Interesting...The trooper that pulled me over suggested that i take the defensive driving course before the court hearing.:shrug:

 

[F1reStart3r]

Uh, this isn't a new law in VA. VA has been 20+ over the limit is reckless driving by speed. It is a Class 1 Misdemeanor. It is punishable by a MAXIMUM of 12 months in jail, and/or up to $2500 in fines along with a loss of privilige to drive in VA for up to 12 months. VA cannot suspend your privilige in PA to drive. BUT, check with PA to make sure their DMV will not suspend you.

Is it still anything over 80 also? I remember when I was a young Marine passing through VA to KY and got pulled for 82 in a 55 and was told anything over 20+ and anything over 80 mph is wreck less.

This is a CRIMINAL charge. If found guilty you will have a CRIMINAL record which will impact anything you do that requires a background check. It is best to hire an attorney who is local to the area and appears in that court often.

This. Don't just open the phone book, do your homework. The counsel I got had an office across from the courthouse and was on a first name basis with the prosecutor. My charge was reduced. In retrospect it was quite an expensive ordeal, but worth it to keep it off your record.

Also under no circumstances should you attempt to contact the trooper. Any contact to the state should be made through your counsel.

 

[97snakebite]

u wont do jail time for this! i got a 85 in a 35 in AZ class 3 Misdemeanor and my fine was $700 no suspended L !!!! u prob lookin at a 400-500 dollar fine and 2 points on your L .. a lawyer will be a waste of money

 

[RDJ]

u wont do jail time for this! i got a 85 in a 35 in AZ class 3 Misdemeanor and my fine was $700 no suspended L !!!! u prob lookin at a 400-500 dollar fine and 2 points on your L .. a lawyer will be a waste of money

REALLY??? you live in AZ, he lives in VA. Are you an expert on VA law? I am assuming that you are licensed to practice law in AZ and VA since you chimed in with this load of crap. he needs a lawyer, reckless driving carries 6 points and stays on your driving record for 11 years in Va. Maybe you should actually do a little research before you open your pie hole about stuff you know nothing about.

 

[RDJ]

Is it still anything over 80 also? I remember when I was a young Marine passing through VA to KY and got pulled for 82 in a 55 and was told anything over 20+ and anything over 80 mph is wreck less.
.

yes anything 20+ over OR over 80. so if the speed limit is 75 and you are doing 85 it is reckless driving even tho you are only 10 over.

 

[PaladinMan187]

u wont do jail time for this! i got a 85 in a 35 in AZ class 3 Misdemeanor and my fine was $700 no suspended L !!!! u prob lookin at a 400-500 dollar fine and 2 points on your L .. a lawyer will be a waste of money

Somehow I dont see this as sound advice. VA courts don't smile when they see an infraction like this.

 

[svtcop]

u wont do jail time for this! i got a 85 in a 35 in AZ class 3 Misdemeanor and my fine was $700 no suspended L !!!! u prob lookin at a 400-500 dollar fine and 2 points on your L .. a lawyer will be a waste of money

WOW, sound advice. :kaboom:

Not really. :nonono:

 

[silver03svt]

u wont do jail time for this! i got a 85 in a 35 in AZ class 3 Misdemeanor and my fine was $700 no suspended L !!!! u prob lookin at a 400-500 dollar fine and 2 points on your L .. a lawyer will be a waste of money

Any guarantees on this piece of information? Read the above posts (by TWO VA Troopers) about it being a Class 1 Misdemeanor in VA. And I have personally seen judges in VA give ACTIVE jail time for speeds such as this. It may be few and far between, but it does happen. Also, in VA it is a 6 point offense, but OP will need to check with PA DMV about the points transferring up to PA.

 

[Njc0las]

u wont do jail time for this! i got a 85 in a 35 in AZ class 3 Misdemeanor and my fine was $700 no suspended L !!!! u prob lookin at a 400-500 dollar fine and 2 points on your L .. a lawyer will be a waste of money

Make sure you listen to the illiterate guy who can't even communicate at a 3rd grade level properly OP.

 

[SVTORANGE]

Good luck in Court and hopefully your taking a lawyer

 

[RDJ]

Interesting...The trooper that pulled me over suggested that i take the defensive driving course before the court hearing.:shrug:

. That does not constitute legal advice. It is a suggestion and it does help with the judge as it shows that you are taking responsibility.