Reckless Driving

[Crypto Sailor]

Everyone on 6 Dec I received a ticket/summons to appear in a Norfolk VA court for doing 78 mph in a 55mph zone. I'm looking for general advise and or past experiences? I have an Ohio DL (but I don't think it matters)

I know to get my speedometer cal'd, take a defensive driving course. But do I need a lawyer for a 1st time offense? Or is there anything else I could to help get the charges reduced?

R/
Brian

 

[em_burn]

Weigh the cost of the ticket vs the cost of your time for court appearances, hiring a lawyer, and the possible rate increase on your insurance before fighting. If you're guilty....just pay the ticket.

Don't know if its an option in your state but aside from just paying the ticket in my state you can opt for defensive driving or probation. You still have to pay the fine but the idea is that the ticket doesn't go on your record and affect your insurance.

 

[Saully]

It all depends on Virginia law and court procedure. In some states you can take driver's ed after a first offense and it won't go on your record. In others you can plea bargain with the judge to get the offense reduced. If you can't find out otherwise it may be a good idea to see an attorney just for the initial consultation.

(Important -- I am a licensed Arizona attorney but not authorized to give legal advice in any other state, and haven't practiced law since 1988. So the above is just a suggestion of what might be without any actual knowledge.)

 

[Crypto Sailor]

It all depends on Virginia law and court procedure. In some states you can take driver's ed after a first offense and it won't go on your record. In others you can plea bargain with the judge to get the offense reduced. If you can't find out otherwise it may be a good idea to see an attorney just for the initial consultation.

(Important -- I am a licensed Arizona attorney but not authorized to give legal advice in any other state, and haven't practiced law since 1988. So the above is just a suggestion of what might be without any actual knowledge.)

Sully,

IYO is it worth getting a lawyer, if the prosecutor is willing to make a deal. I'd much rather pay the fines n court cost, the DD class and speedo cal...I'm afraid I'll have a lawyer for no reason and have given him/her about 500...that he/she didnt work for.

 

[Craig Mac]

Hey bro, as someone up the street from you I can comment on a VA reckless charge. I have had two in a 9.5 year period. One I went to court for 6 months ago. IMHO get a lawyer, or at least go talk to one and see if he thinks he can do anything. In VA reckless driving IS a criminal offense and stays on your driving record for 11 years. I paid $500 for a lawyer(one that has been going in that same court room for over 40 years), he went and talked to the wrong officer and said that he could get it down below reckless. Which lead me to believe he would be able to do the same with the correct officer. However, the officer that wrote me the ticket was late for court so my lawyer asked if the judge would hear the evidence and possibly decide without the officer present. So we did and the judge reduced it to improper driving 50 dollar fine and I was on my way. No reckless conviction and in 3 years my record will be completely clean. The guys who just plead guilty to RD got $250-$300 fines, however it is on their criminal record and on their driving records for 11 years, to me it was worth the extra $200.

You can also ask the lawyer about DD classes and speedo calibration(which is almost impossible to get a "favorable" one).

 

[Boston Matt]

Please contact a lawyer.


We need the hours.


:grin:

 

[Saully]

Brian,

Craig Mac answered just in time. You may be able to do it yourself but may not. Also it would be a good idea to read the statute you're cited under. Again, in some states a first offense in a period of years won't show up if you go to driver training school but you'd have to call the court to find out if that's the case.

 

[Crypto Sailor]

Hey bro, as someone up the street from you I can comment on a VA reckless charge. I have had two in a 9.5 year period. One I went to court for 6 months ago. IMHO get a lawyer, or at least go talk to one and see if he thinks he can do anything. In VA reckless driving IS a criminal offense and stays on your driving record for 11 years. I paid $500 for a lawyer(one that has been going in that same court room for over 40 years), he went and talked to the wrong officer and said that he could get it down below reckless. Which lead me to believe he would be able to do the same with the correct officer. However, the officer that wrote me the ticket was late for court so my lawyer asked if the judge would hear the evidence and possibly decide without the officer present. So we did and the judge reduced it to improper driving 50 dollar fine and I was on my way. No reckless conviction and in 2 years my record will be completely clean. The guys who just plead guilty to RD got $250-$300 fines, however it is on their criminal record and on their driving records for 11 years, to me it was worth the extra $200.

You can also ask the lawyer about DD classes and speedo calibration(which is almost impossible to get a "favorable" one).

Craig,

Thanks for the info looks like I'll pony up the 500.00 and hope he can get a smaller fine. According to the lawyer I spoke with not long ago said he "might" be able to get it completely dismissed but I'd be happy with 10 over the posted speed limit.

 

[Craig Mac]

I did the driver improvement class before my first charge to no avail, but that was 10 years ago, so things may have changed. For your case there won't be a prosecuter, it will just be the officer, you, and the judge. As it is your first offense they may go easy on you, but I personally wouldn't want that 11 years on my record hanging over my head again. I do want to say that this is just my personal advice to you, you can take it however you want, I'd hate for you to get a lawyer and it not help.

The one thing you have going for you is that you are only reckless by 4 MPH(which should be easy to get lowered), my charge was for 85 in a 55, which was under the "speed in excess of 80 MPH" category, but all reckless convictions stay on your record for 11 years.

Here is a link VA Driver Points Breakdown

 

[Angry Bill]

IS it a misdemeanor or an infraction? If it is an infraction, no need to get a liar (oops, Imeant lawyer) hehe. I tend to think that Virgina Law is very similar to CA law. They are probably going to fine you and make you go to a traffic school of some kind. It can't hurt to talk to a public defender at least.

 

[Crypto Sailor]

I did the driver improvement class before my first charge to no avail, but that was 10 years ago, so things may have changed. For your case there won't be a prosecuter, it will just be the officer, you, and the judge. As it is your first offense they may go easy on you, but I personally wouldn't want that 11 years on my record hanging over my head again. I do want to say that this is just my personal advice to you, you can take it however you want, I'd hate for you to get a lawyer and it not help.

The one thing you have going for you is that you are only reckless by 4 MPH(which should be easy to get lowered), my charge was for 85 in a 55, which was under the "speed in excess of 80 MPH" category, but all reckless convictions stay on your record for 11 years.

Here is a link VA Driver Points Breakdown

I have an Ohio drivers license and they didn't pull my ohio dmv record as of yet. I have a clean record in VA...

AngryBill it's a miss 1...up to 2,500 in fines...6mo-1yr n jail and lose driving priv for 90 days...



And on the same note I'm thinking I can get it knocked down 4mph since my speedo is off 5mph according to the programmer I have for my truck it monitors speed,and a bunch of engine vitals. This is why im worried if i get a liar/lawyer it will be a waste.

 

[Craig Mac]

no need to get a liar (oops, Imeant lawyer) hehe.

hahaha. Good one Bill

IS it a misdemeanor or an infraction?

It is a Class 1 Misdemeanor Criminal charge in VA

And on the same note I'm thinking I can get it knocked down 4mph since my speedo is off 5mph according to the programmer I have for my truck it monitors speed,and a bunch of engine vitals. This is why im worried if i get a liar/lawyer it will be a waste.

that may work then if you can get it in writing. I've heard mixed opinions from mechanics on that one.

 

[Boston Matt]

This is why im worried if i get a liar/lawyer it will be a waste.

You should know that we keep lists of people like you...

:grin:

 

[Craig Mac]

You should know that we keep lists of people like you...

:grin:

How do you know when Matt is lying......:rofl:

 

[Boston Matt]

How do you know when Matt is lying......

OK, buddy...you just made the list. Please send me your full name and address so I may add your name...

:eyebrow:

 

[Craig Mac]

OK, buddy...you just made the list. Please send me your full name and address so I may add your name...

:eyebrow:

hahaha, had to do it, I'm sorry sir(apologizing in case I get in trouble in Boston one day).

 

[Angry Bill]

Having the vehicle calibrated is step one, then getting a certified letter showing it was askew. But this will only knock down maybe 5 mph. The rest is hit or miss. I don;t see them nailing you with jail time for a first offense.

With some luck and talking, the prosecutor probably would knock it down to an infraction, but pay a substantial fine and school. Just my experience out here


As for knowing when a lawyer is lying. When he is talking is the sure fire way, but that only applies to defense attorneys. Not civil or prosecutors. And that is with over 20 years experience. hehe.. Sorry Matt! Not sure what kind of law you practice.

 

[Boston Matt]

Sorry Matt! Not sure what kind of law you practice.

Hehe...corporate deal lawyer. Couldn't find a courtroom with a map. :grin:

 

[Angry Bill]

Ok, then I still like you Matt.. hehe

 

[BradMc]

Just poney up to the old judge and offer him a Good Cuban Cigar.....That will work :grinFU:
I have always heard at least show up in court, "hell the Cop may never show up" Some the cops on the board will tell ya if it is worth there time and OT to show up ....JMHO