Crashed car - help

[Miramonti]

Originally posted by: timosyy
Fine. I agree. Is it worth a criminal record? I know i fucked up. I feel like complete shit right now. Totaled the car, family has NO money, have no idea what the hell we're going to do once the insurance stops paying for rental car (about a month), and I need to go see a doctor in the morning about my neck/knees. But Christ, when this is all over, I'd like a somewhat normal life to return to, not one in which I have a criminal record AS I'm trying to graduate and find a job.

"Oh hey, a 3.8-3.9 GPA, good job, wait whats this, you have a criminal record?"

Definitely get a traffic lawyer to represent you here.

That said, if he didn't cite you for speeding...then you were not only not speeding, you were going under the speeding limit. He can't possibly say in court you were speeding at the time because it would be somewhat of a contradiction to not having cited you for it. So you can run with that.

As for failing to maintain the vehicle, that's very weak in itself imo. If you couldn't see the puddle in advance, and couldn't have known the depth of it and impact it would have, then its not fair to be cited for the outcome when you surprisingly encountered it. That's perhaps like saying anytime you lose control of your car, you're at fault because you're going to fast to avoid it, and that's simply not the case.

So from your perspective, you could have been going 1/2 as fast and the water puddle/depth would still have been unavoidable because it was very inconspicuous and deceptively deep, and much unlike the conditions of the road surface that you had been driving on before the crash. Sure it was raining, but your tires are in excellent condition and you were being cautious given the ability for your car to handle rain as well as the highway's ability to direct rain runoff away from the lanes.

Anyhow, that's my primitive thoughts about weasiling out of it.

 

[evident]

Originally posted by: pravi333
Here in New Jersey you dont go meet the judge and get his judgment right away. On the day of the court date you will meet someone ( i think its the public prosecutor but i am not sure), and that someone will tell you, here are your violations, we will reduce it to this, since you didn't hurt anyone, and then that he/she will ask you if you're ready to accept the lowered charges and go meet the judge. If you accept it, you will go to the courtroom and the judge will read your lowered offense and will ask you if you're accepting it. If you say yes then he will read his judgment.

If you want to contest it, then you tell that to the initial prosecutor person and ask for a later date. And then you can decide if you want a lawyer or not.

its a huge waste of time in jersey. they make it this way on purpose so you pay the most possible while getting "too tired" of the process to fight it and take it to trial.

 

[AstroManLuca]

Holy shit, what's with all the dickscarfery in this thread? OP is a young guy who is nervous and admits he made a mistake and just wants to know what to do. And we have a bunch of assholes coming in and saying he's not taking responsibility for his actions, and we've got guyver01 sitting up on his high horse talking about how great of a driver he is and how this poor kid had better get a lawyer because he's going to jail otherwise... christ.

What the fuck is wrong with you people? Are you all sociopaths?

 

[spidey07]

Originally posted by: AstroManLuca
Holy shit, what's with all the dickscarfery in this thread? OP is a young guy who is nervous and admits he made a mistake and just wants to know what to do. And we have a bunch of assholes coming in and saying he's not taking responsibility for his actions, and we've got guyver01 sitting up on his high horse talking about how great of a driver he is and how this poor kid had better get a lawyer because he's going to jail otherwise... christ.

What the fuck is wrong with you people? Are you all sociopaths?

Yes.

And as a public service announcement you should slow down to 30-40 Mph under very heavy rain and turn on your hazzard lights so others can see you. The only thing that causes hydroplaning is driving over 40 Mph.

 

[Pepsei]

i can't tell you how to plead, but i'm surprised they gave you a ticket.

on the way back from West Virginia, i hit a patch of black ice, my jeep lost control, slams into the guard rail and spinning into the mountain on the other side of the 2 lane road...., i'm glad i didn't fall off the mountain or hit the semi that was on the other side (missed it by 10 seconds or so). jeep is totaled and we had to leave it in WV. I didn't get a ticket, did buy a new car thou.

 

[seemingly random]

Originally posted by: spidey07

Originally posted by: AstroManLuca
Holy shit, what's with all the dickscarfery in this thread? OP is a young guy who is nervous and admits he made a mistake and just wants to know what to do. And we have a bunch of assholes coming in and saying he's not taking responsibility for his actions, and we've got guyver01 sitting up on his high horse talking about how great of a driver he is and how this poor kid had better get a lawyer because he's going to jail otherwise... christ.

What the fuck is wrong with you people? Are you all sociopaths?

Yes.

And as a public service announcement you should slow down to 30-40 Mph under very heavy rain and turn on your hazzard lights so others can see you. The only thing that causes hydroplaning is driving over 40 Mph.

Funny. spidey tried to make a joke.

 

[AstroManLuca]

Originally posted by: spidey07

Originally posted by: AstroManLuca
Holy shit, what's with all the dickscarfery in this thread? OP is a young guy who is nervous and admits he made a mistake and just wants to know what to do. And we have a bunch of assholes coming in and saying he's not taking responsibility for his actions, and we've got guyver01 sitting up on his high horse talking about how great of a driver he is and how this poor kid had better get a lawyer because he's going to jail otherwise... christ.

What the fuck is wrong with you people? Are you all sociopaths?

Yes.

And as a public service announcement you should slow down to 30-40 Mph under very heavy rain and turn on your hazzard lights so others can see you. The only thing that causes hydroplaning is driving over 40 Mph.

OP already admitted he is in the wrong. He just wants to know what to do now, not what he should have done earlier.

 

[timosyy]

Originally posted by: allisolm
Virginia is scary about their traffic laws! After reading some of the sites like this and this, I'd be afraid, very afraid.

The way I read it
VA law section 46.2-853 is reckless driving
reckless driving is a misdemeanor criminal offense
it's 6 points
it stays on your driving record for 11 years
it has remedial fees of $1050
Ouch!

This is why I was freaking out last night when I was googling all this. Sleep does wonders for one's state of mind, but I'm still concerned about how serious the charge is. I just want a lawyer so he can explain all the legalities of what's going on/exactly what is being put on my record or whatever. Lay out the steps to take from here, if you will.

I hate to look like a dick in court or make it look like I'm not owning up to the fines (I messed up, I pay, I get it), but some of those consequences seem to go further than just money.

Edit: And you can be damn sure I'm driving like an old grandma whenever it rains in the future, so don't worry. Spinning out across four lanes with zero control of the car watching the lights of oncoming traffic zoom toward you is more re-enforcement than however this court date turns out would ever be. I didn't really stress how serious the accident was in the first post because it wasn't my main point, but.. passenger side like, crumpled, hood/trunk were sticking up at funny angles, all the windows besides the windshield are gone, anything that was in my trunk/back seat flew out all over the road. After I spun out and hit the center guardrail on my passenger side (so, facing opposite direction of traffic) I must've spun around and skidded some more because I wound up facing the direction of traffic again, a few hundred feet from where I initially impacted.

If I didn't have a seatbelt on I'd probably be in much worse shape, I'm glad I didn't have a passenger with me, and I'm thankful no one else got into an accident because of it. Needless to say, this is not an experience I wish to recreate, ever.

 

[evident]

Originally posted by: AstroManLuca
Holy shit, what's with all the dickscarfery in this thread? OP is a young guy who is nervous and admits he made a mistake and just wants to know what to do. And we have a bunch of assholes coming in and saying he's not taking responsibility for his actions, and we've got guyver01 sitting up on his high horse talking about how great of a driver he is and how this poor kid had better get a lawyer because he's going to jail otherwise... christ.

What the fuck is wrong with you people? Are you all sociopaths?

guyver seems to overreact in every thread he posts in.

this dickscarfery trend has been going on for a while now, including yesterday's hate on homeless people thread, people all sitting on their high horses and not being sympathetic to anything at all :roll:

 

[Fenixgoon]

Originally posted by: allisolm
Virginia is scary about their traffic laws! After reading some of the sites like this and this, I'd be afraid, very afraid.

The way I read it
VA law section 46.2-853 is reckless driving
reckless driving is a misdemeanor criminal offense
it's 6 points
it stays on your driving record for 11 years
it has remedial fees of $1050
Ouch!

I'd be doing whatever it took to achieve this result:
"Is there any way a reckless driving charge in Virginia may be lowered to a lesser charge or can it be beaten outright?Certain courts may permit a person charged with reckless driving charge in Virginia to attend what is commonly known as traffic school and upon completion of the course, have the VA reckless driving charged lowered to a lesser charge and in some cases even completely dismissed (Although this is pretty rare.) "

VA politicians needed to recoup money somehow. a lot of their driving fines apply *only* to VA residents.

 

[thescreensavers]

Originally posted by: thescreensavers
what car did you have op? jw

 

[timosyy]

'99 Toyota Camry, ~160k miles. It definitely had its quirks (I would affectionately joke about how it was falling apart sometimes), but we were going to hold on to it until I graduated & got a job so I could help buy a new one.

So right now my family of five has one car ... both parents work, both sisters are still in school/have various clubs & activities they need to get to. Insurance gives us a rental for a month? But after that...

I figure the least I can do right now is just be the best son I can be. Mow the lawn, take care of household stuff while they're gone (trash, dishes), cook dinners... and pick up a part time job somewhere to help with finances.

 

[AstroManLuca]

Originally posted by: evident

Originally posted by: AstroManLuca
Holy shit, what's with all the dickscarfery in this thread? OP is a young guy who is nervous and admits he made a mistake and just wants to know what to do. And we have a bunch of assholes coming in and saying he's not taking responsibility for his actions, and we've got guyver01 sitting up on his high horse talking about how great of a driver he is and how this poor kid had better get a lawyer because he's going to jail otherwise... christ.

What the fuck is wrong with you people? Are you all sociopaths?

guyver seems to overreact in every thread he posts in.

this dickscarfery trend has been going on for a while now, including yesterday's hate on homeless people thread, people all sitting on their high horses and not being sympathetic to anything at all :roll:

ATOT is sort of like a high-horse measuring contest mixed with a dick-measuring contest, all rolled into a single website.

 

[lxskllr]

Originally posted by: timosyy
'99 Toyota Camry, ~160k miles. It definitely had its quirks (I would affectionately joke about how it was falling apart sometimes), but we were going to hold on to it until I graduated & got a job so I could help buy a new one.

So right now my family of five has one car ... both parents work, both sisters are still in school/have various clubs & activities they need to get to. Insurance gives us a rental for a month? But after that...

I figure the least I can do right now is just be the best son I can be. Mow the lawn, take care of household stuff while they're gone (trash, dishes), cook dinners... and pick up a part time job somewhere to help with finances.

If you don't have too far to travel, a motorcycle or scooter's cheap transportation.

 

[Evadman]

Originally posted by: tasmanian Lying about small details, such as you were speeding is fine, and you should do it.

Great idea. Perjury is a great way to get out of paying a fine.

Originally posted by: oldsmoboat

Originally posted by: Sea Moose
Wow no one agrees that the best thing is, that OP walk away uninjured

We don't know the OP, why would you asume that it is the best thing? What if he is a crack smoking child molester? Are you saying that you are OK with crack smoking child molesters? Pervert.

You are my hero olds.

Originally posted by: lxskllr
If you don't have too far to travel, a motorcycle or scooter's cheap transportation.

The OP already crashed into a guardrail with a 4 wheel car that is way easier to control than a 2 wheel vehicle. If he was in a 2 wheel vehicle, we wouldn't be discussing how much a fine is, we would be discussing if the service should be open or closed casket, and if it is better to send flowers or a card.

 

[timosyy]

For the nth time, I'm not trying to get out of paying a fine. I was basically wondering if it was going to be "wow you fucked up, pay $___ and don't do it again" or something that goes beyond that ("/rawr you are a menace to society, enjoy the misdemeanor & criminal record and heres a few thousand in fines")

(-.-) Zzz

 

[runzwithsizorz]

Hey there timosyy, somehow I knew it was Va. they hand out reckless citations as fast as pedobear hands out candy. You can even get a reckless for failing to use a turn signal. It would not surprise me at all if one day they had cops in the waiting rooms of the ER to write reckless citations to people who have cut themselves in the kitchen, for after all, there is no such thing as an accident in the state of Virginia. I am also in VA.(the good part), and I feel your pain. What part of VA.? the reason I ask is that the judges in nova are notoriously by the book, and hard-assed. You should take everything here at atot with a grain of salt. If it's any consolation at all, my neighbor just went through the very thing you are, when she got stuck in a ditch on a dark road, (got lost, and was trying to make a u-turn) there was no damage, and a passerby had helped her push the car out. they were both about to leave when the cop arrived. She got an attorney for only about $1500, went to court and got the charge reduced, and only had to pay about $300 in fines. How bout a nice spooky bedtime story?,------ http://www.vatrafficlaw.com/reckless.html
BTW OP, always remember, living, and breathing in the state of Virginia is not a right,
it's a privilege.

 

[timosyy]

Northern VA, Fairfax County. And yeesh, $1500? Fun stuff.

 

[Red Squirrel]

Either way you're screwed. Insurance is going to go up, you'll lose tons of demerit points.

Get a bus pass.

 

[hiromizu]

OP, luckily things like this rarely occur and luckily you're only hit with ~$1500. It could have been much worse! Just be careful next time and get new and properly inflated tires. Always wear a seat belt and never drive over the speed limit, especially on a wet day. I also don't think it's a great idea to not plead innocence because you've already admitted your fault. The court can add additional fines for trying to weasel out as they tend to see behaviors like this all the time. Have you taken defensive driving?

 

[spidey07]

Originally posted by: timosyy
Northern VA, Fairfax County. And yeesh, $1500? Fun stuff.

Crap! I didn't see you were in VA. Yeah, get a lawyer. Any other state and it wouldn't be a big deal, but that state it could turn into a nightmare.

 

[Perknose]

Originally posted by: timosyy
'99 Toyota Camry, ~160k miles. It definitely had its quirks (I would affectionately joke about how it was falling apart sometimes), but we were going to hold on to it until I graduated & got a job so I could help buy a new one.

So right now my family of five has one car ... both parents work, both sisters are still in school/have various clubs & activities they need to get to. Insurance gives us a rental for a month? But after that...

I figure the least I can do right now is just be the best son I can be. Mow the lawn, take care of household stuff while they're gone (trash, dishes), cook dinners... and pick up a part time job somewhere to help with finances.

Do0d, re-read my previous post, get it together, and at least approach the cop with a non-drama queen version of your story if you think he's personally approachable.

 

[runzwithsizorz]

Try and keep a stiff upper lip there Op, There's many a judge, at least in my area, that are dropping these reckless charges down to a lesser. Remember, they have to prove that you knowingly, and with intent, risked life, limb, and property to make the charge stick. I suggest you write down EVERY detail you can remember now while it"s still fresh on your mind,( traffic, lighting,visibility,distractions,road condition/potholes, etc). EXACTLY, WHAT did you say to the cop, they are trained to get you to admit guilt, and your words will be on the police report, which your attorney can download way in advance of the trial. Did the cop actually witness the accident? The supreme court of Va. says a cop cannot assume, or surmise speeding was a factor unless you admitted to him you were, if you did, YOU ARE TOAST.

 

[spidey07]

Originally posted by: runzwithsizorz
Try and keep a stiff upper lip there Op, There's many a judge, at least in my area, that are dropping these reckless charges down to a lesser. Remember, they have to prove that you knowingly, and with intent, risked life, limb, and property to make the charge stick. I suggest you write down EVERY detail you can remember now while it"s still fresh on your mind,( traffic, lighting,visibility,distractions,road condition/potholes, etc). EXACTLY, WHAT did you say to the cop, they are trained to get you to admit guilt, and your words will be on the police report, which your attorney can download way in advance of the trial. Did the cop actually witness the accident? The supreme court of Va. says a cop cannot assume, or surmise speeding was a factor unless you admitted to him you were, if you did, YOU ARE TOAST.

Umm, driving above the speed limit in conditions like that or even AT THE SPEED LIMIT are enough.

It's real simple, if you hydroplane you were driving too fast for conditions and failed to maintain control of your vehicle. Otherwise you would not have lost control.

It's real fucking simple. I drove through a nasty storm just a few hours ago coming home from work. We were all driving about 40 MPH or less on the interstate. Driving too fast for conditions and failure to maintain control of your vehicle are driver error.

 

[runzwithsizorz]

Originally posted by: Perknose

Originally posted by: timosyy
'99 Toyota Camry, ~160k miles. It definitely had its quirks (I would affectionately joke about how it was falling apart sometimes), but we were going to hold on to it until I graduated & got a job so I could help buy a new one.

So right now my family of five has one car ... both parents work, both sisters are still in school/have various clubs & activities they need to get to. Insurance gives us a rental for a month? But after that...

I figure the least I can do right now is just be the best son I can be. Mow the lawn, take care of household stuff while they're gone (trash, dishes), cook dinners... and pick up a part time job somewhere to help with finances.

Do0d, re-read my previous post, get it together, and at least approach the cop with a non-drama queen version of your story if you think he's personally approachable.

Should you attempt to "approach" a cop about an upcoming trial it could get you arrested, or worse! What, you think the Op can just phone the cop and have a little chat? The only time the Op will see this cop again is in a courtroom. The cop is participating in an attempt to ruin the Ops' life, "personally approachable" I don't think so!!
Honestly Perk, wheres your mind son.