i got the ticket in virginia..home for the summer. and i'm actually taking a semester off, thats why i'm moving to India[/quote]
Reckless is a mandatory court appearence. Talk to the clerk of courts, or just postpone the date. The 1st postponement is automatic, the 2nd one requires a good excuse (out of the country will do it).
Read up on the law pertaining to your offense number (there are at least 3 different levels of reckless driving).
In Va. the cop needs to "hit the tuning forks" to calibrate his detector before AND after his shift if he wants to prove reckless driving, based on speed. For speeding it's before OR after. When in court, check his calibration certificates and daily logs. The log will show his calibration schedule and the certificate will show the date of his last major calibration. He has to have the detector calibrated (opposed to just hitting the tuning forks) every 6 months. If either one of these certificates is out of date or not there you get a walk. If the judge ignores these, appeal and get a new trial. Cop probably won't show for the 2nd trial, if his certificates weren't right.
Reckless is a mandatory court appearence. Talk to the clerk of courts, or just postpone the date. The 1st postponement is automatic, the 2nd one requires a good excuse (out of the country will do it).
Read up on the law pertaining to your offense number (there are at least 3 different levels of reckless driving).
In Va. the cop needs to "hit the tuning forks" to calibrate his detector before AND after his shift if he wants to prove reckless driving, based on speed. For speeding it's before OR after. When in court, check his calibration certificates and daily logs. The log will show his calibration schedule and the certificate will show the date of his last major calibration. He has to have the detector calibrated (opposed to just hitting the tuning forks) every 6 months. If either one of these certificates is out of date or not there you get a walk. If the judge ignores these, appeal and get a new trial. Cop probably won't show for the 2nd trial, if his certificates weren't right.
Just try to move up the court date. That way if they suspend your license for 6 months it wouldn't matter because you will be out of the country for that long.
mugs
Lifer
- Apr 29, 2003
- 48,920
- 46
- 91
Are you sure it was radar and not laser? I think laser has a greater range. I got nailed from over 1000 feet with laser. The range was listed on the ticket. I'm surprised the trooper was willing to let you look at his radar, he doesn't have to and it could put him in danger.
It wasn't neccessarily based on his speed, the cop may have thought he changed lanes dangerously to get away from him.
You're going before a VA court? LOL! Been there. If you try to act like an ass in ANY way the judge will simply throw the book at you.
Do yourself a favor, plead guilty and throw yourself on the mercy of the court. Be a man about it.
If you're lucky, the judge will offer you driving school and a suspended sentence. If you are unlucky, he'll take your license for 30-90 days.
If you give the judge any sort of an attitude, or show up in court in anything other than your Sunday-best... well expect to meet Bubba in a jail cell.
P.S. - I got offered driving school and got off. One of the poor smuck's before me got tossed in the slammer.
Do yourself a favor, plead guilty and throw yourself on the mercy of the court. Be a man about it.
If you're lucky, the judge will offer you driving school and a suspended sentence. If you are unlucky, he'll take your license for 30-90 days.
If you give the judge any sort of an attitude, or show up in court in anything other than your Sunday-best... well expect to meet Bubba in a jail cell.
P.S. - I got offered driving school and got off. One of the poor smuck's before me got tossed in the slammer.
Oh Noes driving 81mph on the highway... Meh its bullshit.
Anyways I dont know where you live so I dont know if you can request a trial by jury.
Definately you will need to keep postponing the court date or something, but other than that you should plead not guilty and request a trial by jury (if your state allows it, Texas does).
You should then try to plea bargain with the prosecutor and see if they will reduce the charges to just speeding instead of reckless driving.
If they do and you are happy with that then take it.
If they wont negotiate with your or give you any plea options that you like then take it to court.
Yeah it will waste time and money for both parties but atleast when you pay you will know that they didnt get to pocket the whole thing as profit like they would have if you just paid upfront. You will also go away with some experience with the judicial system. Then there is also the chance that the jury for whatever reason will just say you are not guilty then you wont have to pay anything.
Anyways I dont know where you live so I dont know if you can request a trial by jury.
Definately you will need to keep postponing the court date or something, but other than that you should plead not guilty and request a trial by jury (if your state allows it, Texas does).
You should then try to plea bargain with the prosecutor and see if they will reduce the charges to just speeding instead of reckless driving.
If they do and you are happy with that then take it.
If they wont negotiate with your or give you any plea options that you like then take it to court.
Yeah it will waste time and money for both parties but atleast when you pay you will know that they didnt get to pocket the whole thing as profit like they would have if you just paid upfront. You will also go away with some experience with the judicial system. Then there is also the chance that the jury for whatever reason will just say you are not guilty then you wont have to pay anything.
Fingolfin269
Lifer
- Feb 28, 2003
- 17,948
- 34
- 91
Actually, it's not bullshit. For all we know it was 55mph because he was driving through a construction zone or it was a portion of the interstate where three other interstates connect, etc.
well, I got a reckless driving when I was 16, now I am 19 and know much better ( even though the incident was very confusing , a long story...) . I would call my city attorney and try to talk his/her down on the charges. Probably reduce the sentence to speeding. Either way reckless driving is a misdemeanor in Virginia so I don't think it carries jail time, at most they could suspend your license ( mine was suspended for 6 months, it went to juvenile court though).
In Va. you would have to get 2 reckless driving tickets (6 points each, total of 12) in a 12 month period for your license to be suspended. As you hinted, at 16, your under different rules.
BTW, if you ever are facing suspension in Va., you'd be better off asking the judge to suspend your license, opposed to DMV. If a judge suspends them for, say, 30 days, you do your 30 days and you're done.
If DMV (or the dept. of public safety, as they're called now) pulls your ticket you'll lose them for 30 days, plus a probation period of 3-6 months (1 ticket = automatic suspension), followed by a control period of 6-12 months (1 ticket = automatic probation). So it could be almost 2 years before you get out of the system, thru DMV. Either way, suspension sucks. It's better to take a voluntary driving school before reaching the limit, to keep the points under the magic number, but you have to be aware of the "under 6 and back over" rule. At the least, you would end up in a group interview. This is where they teach you the points system.
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