Originally posted by: TwoBills
Boosted it up to 80+ to get around the traffic exiting onto 66? Damn, man, everybody knows to stay to the left and then hit it after they all exit. Move to the right before the on ramp. LOL. Seriously thou, have you ever been to court in Fairfax? Didn't read the whole thread, but here ya go:
Reckless is a mandatory court appearence, as you know by now. It used to be 20 over was automatic reckless, but now they've moved it to 25 over and left it to the discretion of the trooper. If you go to court, then it's pretty simple, plead NOT GUILTY. It's the only way you're even going to get to say anything. If you plead guilty, then it's all over. When you plead not guilty all you're saying is "prove it". Then you get a little mini-trial. The ada puts the cop on the stand, he tells his story, you get to cross ex. him. Then you take the stand and testify on your own behalf. You'll lose, unless the cop doesn't show. Slim chance of that, maybe 5%.
But don't give up hope. After you lose they send you to the clerk's office where you wait with all the other losers. Forget that. Just leave. They'll send you a bill. But wait, don't really leave. You've got the day off. Go to the law library (in the same building) and look up your offence number. The law librarian will help you. What you're collecting is ammo for your appeal. After you get your bill from the courts, or if you went to the clerks office w/the other losers, don't pay anything, simply file an appeal (you've got 10 days). You'll get a new court date, new court, new judge and new ada. This also moves you out of traffic court (a joke on it's best day) and up to circuit court. This is a real courtroom. Everybody else in there is there for serious offences. More on that in a minute.
When you're in the law library you'll be looking for the 3 different offence numbers for reckless driving. Yours is probably the worst, but make sure, one of them is no worse (points and fine wise) than improper driving. You need to know in case you decide to cut a deal w/the ada. It's been a while for me, but if I remember right what you're really looking for is how the law is written for reckless driving (opposed to just speeding). It's only a couple of paragraphs, but read them carefully. Kinda goes like this: For speeding, the officer has to hit the tuning fork before OR after his shift. If he writes a ticket for reckless he has to hit the tuning fork before AND after his shift. In other words, if the officer didn't hit the fork that morning he can't prove reckless. They'll have paperwork to back that up. Speaking of paper work, calibration is the next thing you look for. Used to be every year in VA, but I'm pretty sure that's been changed to 6 mos. Then there's the officer's certification. If this was a state trooper then you're screwed, but if it was a Co. cop then you've got a chance. All this is spelled out in the law books.
When you go to circuit court, don't go with much of a plan. The 3 things you want to get out are the tuning fork records, the calibration records of the device, and the officer's certification. The ada will probably bring this out and they will hand you the paperwork that pretains to this. Take your time, make notes of the dates on all the docs, then hand them back. Wait you're turn, the judge will instruct you. You are basically the lawyer and the defendant at this point.
Damn, startin' to ramble. Where was I? Oh, yeah, circuit court. It goes like this: The cop takes the stand and the ada take his testimony. Somewhere in this is where the paperwork comes out and it's handed to you. Look for those expired dates. Write them down. Keep your mouth shut. When the ada is done, then you get to cross ex. him. Focus on the paperwork. If the ada didn't bring it out, now is the time for you to do it. Ask if he hit the forks that day, if his machine has been calibrated, and if he is qualified to operate it. He must have paperwork to back it up. If you find that any one of these docs is expired, or close to expiration, then concentrate on that. Don't ramble and don't get off the subject. Keep some continuity going. The fact that you were speeding has nothing to do with it. It's all about proving it now.
After the cop leaves the stand, it's your turn to take the stand. This is where you bring up the fact that the paperwork wasn't quite right, or if it was, plead your case. Once you get off the stand, you're either guilty or not. If you're found guilty, the trial now moves into the penalty phase. Quickly. Man if you get this far, and you're found guilty, you've got to be able to make them laugh. Done properly, worst case senerio, you're fine and points will be cut in half. you've got at least a 50/50 chance of not guilty, thou.
Oh, one more thing. If you've had 3 reckless in 3 years, and you lose this case, dmv will probably suspend you. Don't know for sure, but you're close. You need to find out for sure. If you lose the case, and you know that dmv is going to suspend you, then use that as part of your plea in the penalty phase. Something like, "I have no money, I've been a bad boy, suspend me for 30 days, your honor, then we'll be even". The reason is: if dmv suspends you for 30 days, you have to do your 30, then a 90 day probation period, then a 6mo., or more, control period. Takes more than a year to get out of the system if dmv gets you. If a judge suspends you for 30 days, then you do your 30 and you're done. No control or probation periods. Volunteering for driving school will also help. This takes 8 hours and costs $60 or 70.
I'd like to know a little more about that Mustang that popped you. Color? Wheels?
