Virginia People Please Help me

[SirStev0]

EDIT: Can anyone tell me what a normal speeding ticket is and what the fines, points, and other junk they throw on are?

I was pulled over this weekend making my way down I81 in Virginia.

I was scooting along around 75 on the 65 mile an hour highway. We had thought we had missed my exit and were a little lost so I sped up a to get around a truck. Of course I get nailed ended up getting clocked 83 in a 65.

The Statey issues me a summons. I think this is just their way of giving tickets. Shows me the court date. Tells me since I am from another State to call the number on it and they may not make me go through it. Never mentions anything. Just says he wrote me up for 83 in a 65.

So I come home today. Looked up the offense.

Law Section 46.2-862 - Class 1 misdemeanor for Reckless Driving faster than 80 mph.

Apparently anything over 80 and you get this. You have to be fucking kidding me. I wasn't even driving over 20mph over the limit.

It comes with "3" $350 fines ($1050.00), a license suspension, and possibly Jailtime.
For SPEEDING.

I am used to driving WV roads and assumed the speed limit was 70 like in WV and NC. I tend to drive over the limit, but it isn't like I was all over the road.

I have never heard of anything like this ever. I have no idea what the fuck I am going to do. I am halfway between screaming and being scared to death.

I will have a criminal record. For SPEEDING. This is on the same level as a DWI. A FUCKEN DWI.

In PA the same "crime" is a $200 ticket and a couple points on my license. Less than an hour away and I have a criminal record.

Please someone, give me some advise. I am seriously fucked here.

 

[Ns1]

I guess you missed this

http://www.thenewspaper.com/news/18/1818.asp

 

[dbk]

My brother got the same ticket for going over 80mps. He had to take an 8 hr defenseive driving class. I'm assuming that reduced the offense. *shrug*

 

[isekii]

yea VA traffic laws suck balls.
try getting an attorney that's local to that city/podunk town

 

[bucwylde23]

I've only been to court once for a ticket (not speed) but the judge was lowering every ticket for reckless down to almost nothing.
Where were you on I-81 when you got the ticket?

 

[SirStev0]

Originally posted by: chrisg22
I've only been to court once for a ticket (not speed) but the judge was lowering every ticket for reckless down to almost nothing.
Where were you on I-81 when you got the ticket?

Near Lexington

 

[Tim]

The last time I posted about driving the speed limit, people replied that I should "get off the road".

Looks like I found my new champion for arguing the opposite.
Let me know how things turn out OP!

Edit: And also, enjoy paying for gas that much more often, speeder-types!
:laugh: (proven fact)

 

[isekii]

Originally posted by: theplaidfad
The last time I posted about driving the speed limit, people replied that I should "get off the road".

Looks like I found my new champion for arguing the opposite.

aren't you black ?

 

[Tim]

Originally posted by: isekii

Originally posted by: theplaidfad
The last time I posted about driving the speed limit, people replied that I should "get off the road".

Looks like I found my new champion for arguing the opposite.

aren't you black ?

Dude, don't quote me before I edit! WTF!

and no, i'm not

 

[SirStev0]

Originally posted by: theplaidfad
The last time I posted about driving the speed limit, people replied that I should "get off the road".

Looks like I found my new champion for arguing the opposite.

Don't get me started on speeding as a "crime"...

This is a new level of Absurdity. I have never heard of anything like this. Nothing. This is the same offense as a fucking DWI. Driving while intoxicated. The same fucking thing as Driving with Traffic but a little over the speed limit.

 

[dbk]

Originally posted by: SirStev0

Originally posted by: chrisg22
I've only been to court once for a ticket (not speed) but the judge was lowering every ticket for reckless down to almost nothing.
Where were you on I-81 when you got the ticket?

Near Lexington

Around exit 190ish? Generally, there are a shit ton of cops on I-81 but that area is extremely hot. I thought the new fines got squashed? No?

 

[BoomerD]

While I think this is a stupid law and hope that the people of Virginia overturn it, comparing it to Pennsylvania law is silly. Different states have the right to set their own laws and penalties for breaking those laws. Some states ignore speeders until 15-20 mph over the limit, others write you at 5+.
You'll have to decide if taking time off of work, traveling back to the jurisdiction for court and fightiing it will be more cost effective than just paying it and driving around the state next time.

 

[SirStev0]

Originally posted by: BoomerD
While I think this is a stupid law and hope that the people of Virginia overturn it, comparing it to Pennsylvania law is silly. Different states have the right to set their own laws and penalties for breaking those laws. Some states ignore speeders until 15-20 mph over the limit, others write you at 5+.
You'll have to decide if taking time off of work, traveling back to the jurisdiction for court and fightiing it will be more cost effective than just paying it and driving around the state next time.

I think $1000 dollars, possible jail time, a year license suspension, and 6 points on my license is worth the drive.

 

[So]

Time to lawyer up?

 

[Tim]

Originally posted by: SirStev0

Originally posted by: theplaidfad
The last time I posted about driving the speed limit, people replied that I should "get off the road".

Looks like I found my new champion for arguing the opposite.

Don't get me started on speeding as a "crime"...

This is a new level of Absurdity. I have never heard of anything like this. Nothing. This is the same offense as a fucking DWI. Driving while intoxicated. The same fucking thing as Driving with Traffic but a little over the speed limit.

I'm sorry, but you're basically saying it's okay to ignore pr disagree the laws you find stupid. This varies different from person to person. There are people out there that think it's okay to go over the speed limit, and there are even people who think it's okay to DWI... it's your life, you decide right?

Fine, your life, ignore the laws you think dumb then... but don't expect not to see replies like mine when you rant about getting pounded in the arse by the system we all live in.

 

[SirStev0]

I just found this. I can not believe I will have a permanent criminal record for this.

Remember that Virginia reckless driving is a class one misdemeanor. Thus, it is punishable by:

1. Up to one year in jail, and/or
2. Up to $2500 in fines, and/or
3. Up to 6 months revocation of the right to drive in Virginia.

Upon stop of the vehicle, the officer can arrest the person or issue a summons.

The General Assembly in Virginia "expressed its preference for the issuance of a summons in lieu of an arrest warrant for most misdemeanor cases by enacting Code § 19.2-74."

This section reads: Whenever any person is detained by or is in the custody of an arresting officer for any violation committed in such officer's presence which offense is a violation of any county, city or town ordinance or of any provision of this Code punishable as a Class 1 or Class 2 misdemeanor or any other misdemeanor for which he may receive a jail sentence, except as otherwise provided in Title 46.2, or § 18.2-266, or an arrest on a warrant charging an offense for which a summons may be issued, and when specifically authorized by the judicial officer issuing the warrant, the arresting officer shall take the name and address of such person and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in such summons or notice. Upon the giving by such person of his written promise to appear at such time and place, the officer shall forthwith release him from custody. However, if any such person shall fail or refuse to discontinue the unlawful act, the officer may proceed according to the provisions of § 19.2-82.

However, if the officer has reason to believe that the charged party will disregard his summons or has reason to believe that the charged party will cause harm to himself or to any other person, arrest is the channel of choice and will likely be effected.

Keep in mind that there is another way into handcuffs: if the charged party refuses to sign the summons, he shall be arrested and taken to a magistrate.

We hope this helps you and others to understand the law a little better.

Shameless plug: http://www.vatrafficlaw.com

Bose Law Firm, PLLC
Former Police, Investigators and Prosecutors
Sudeep Bose, Esq.

 

[SirStev0]

Originally posted by: theplaidfad

Originally posted by: SirStev0

Originally posted by: theplaidfad
The last time I posted about driving the speed limit, people replied that I should "get off the road".

Looks like I found my new champion for arguing the opposite.

Don't get me started on speeding as a "crime"...

This is a new level of Absurdity. I have never heard of anything like this. Nothing. This is the same offense as a fucking DWI. Driving while intoxicated. The same fucking thing as Driving with Traffic but a little over the speed limit.

I'm sorry, but you're basically saying it's okay to ignore pr disagree the laws you find stupid. This varies different from person to person. There are people out there that think it's okay to go over the speed limit, and there are even people who think it's okay to DWI... it's your life, you decide right?

Fine, your life, ignore the laws you think dumb then... but don't expect not to see replies like mine when you rant about getting pounded in the arse by the system we all live in.

Yeah I get it... You win. Now if you aren't going to add anything constructive that would help me in my situation, could you please leave the thread.

I don't need lectures when I am simply asking for help.

 

[dakels]

In NJ and NY courts you can often speak to the court clerk and prosecutor before the case and get a reduced sentence. It almost always works here last I checked (2-3 years ago). Especially if you have a clean record, nothing outstanding. I went up to a prosecutor with a 65 in 55 ticket the prosecutor dropped it to a non moving violation, no points and like a $50 fine. Nothing major. Another time I got Paced at like 62 in a 55. I spoke to the prosecutor and the cop testified that his pace method was probably wrong. No ticket, no fine.

I'm not saying you are going to get out of this but check out your options, talk to a lawyer.

 

[TuxDave]

Looks like you should be in luck since you're not a Virginia resident.

"The tax applies only to Virginia residents, so that out-of-state motorists only need to pay the regular ticket amount." (tax referring to the 3x$350 crap)

 

[Tim]

Originally posted by: SirStev0

Originally posted by: theplaidfad

Originally posted by: SirStev0

Originally posted by: theplaidfad
The last time I posted about driving the speed limit, people replied that I should "get off the road".

Looks like I found my new champion for arguing the opposite.

Don't get me started on speeding as a "crime"...

This is a new level of Absurdity. I have never heard of anything like this. Nothing. This is the same offense as a fucking DWI. Driving while intoxicated. The same fucking thing as Driving with Traffic but a little over the speed limit.

I'm sorry, but you're basically saying it's okay to ignore pr disagree the laws you find stupid. This varies different from person to person. There are people out there that think it's okay to go over the speed limit, and there are even people who think it's okay to DWI... it's your life, you decide right?

Fine, your life, ignore the laws you think dumb then... but don't expect not to see replies like mine when you rant about getting pounded in the arse by the system we all live in.

Yeah I get it... You win. Now if you aren't going to add anything constructive that would help me in my situation, could you please leave the thread.

I don't need lectures when I am simply asking for help.

You want help, fine...
Don't "fight the system" on this and you might get away with much less when you go to court as most often happens.

I'm sure you've gotten a ticket before to understand this, Mr. whiney pants.

Edit: And no, I won't leave the thead.... wah.

 

[Alistar7]

Originally posted by: Ns1
I guess you missed this

http://www.thenewspaper.com/news/18/1818.asp

Driving as little as 15 MPH over the limit on an interstate highway now brings six license demerit points, a fine of up to $2500, up to one year in jail, and a new mandatory $1050 tax. The law also imposes an additional annual fee of up to $100 if a prior conviction leaves the motorist with a balance of eight demerit points, plus $75 for each additional point (up to $700 a year). The conviction in this example remains on the record for five years.

Other six-point convictions include "failing to give a proper signal," "passing a school bus" or "driving with an obstructed view." The same $1050 assessment applies, but the conviction remains on the record for eleven years.

Forget to use your turn signal, possible fine over $3500 and up to another $1,100 over the next 11 years, outstanding.

 

[So]

Originally posted by: theplaidfad

Originally posted by: SirStev0

Originally posted by: theplaidfad
The last time I posted about driving the speed limit, people replied that I should "get off the road".

Looks like I found my new champion for arguing the opposite.

Don't get me started on speeding as a "crime"...

This is a new level of Absurdity. I have never heard of anything like this. Nothing. This is the same offense as a fucking DWI. Driving while intoxicated. The same fucking thing as Driving with Traffic but a little over the speed limit.

I'm sorry, but you're basically saying it's okay to ignore pr disagree the laws you find stupid. This varies different from person to person. There are people out there that think it's okay to go over the speed limit, and there are even people who think it's okay to DWI... it's your life, you decide right?

Fine, your life, ignore the laws you think dumb then... but don't expect not to see replies like mine when you rant about getting pounded in the arse by the system we all live in.

By that logic, people deserved the beatings the got for standing up to Jim Crow laws. :roll:

 

[mb]

"I've never heard of this..."
Ignorance is no excuse, but GET A MOTHER FARKING LAWYER! 99/100 times they will drop it if it is your first offense.

 

[Tim]

Originally posted by: So

Originally posted by: theplaidfad

Originally posted by: SirStev0

Originally posted by: theplaidfad
The last time I posted about driving the speed limit, people replied that I should "get off the road".

Looks like I found my new champion for arguing the opposite.

Don't get me started on speeding as a "crime"...

This is a new level of Absurdity. I have never heard of anything like this. Nothing. This is the same offense as a fucking DWI. Driving while intoxicated. The same fucking thing as Driving with Traffic but a little over the speed limit.

I'm sorry, but you're basically saying it's okay to ignore pr disagree the laws you find stupid. This varies different from person to person. There are people out there that think it's okay to go over the speed limit, and there are even people who think it's okay to DWI... it's your life, you decide right?

Fine, your life, ignore the laws you think dumb then... but don't expect not to see replies like mine when you rant about getting pounded in the arse by the system we all live in.

By that logic, people deserved the beatings the got for standing up to Jim Crow laws. :roll:

Oh, so right! You fix the system then, Mr. elite AT lifer.

And by your comparison, you're comparing the standing up to the Jim Crow laws to speeding?... Pfft.

 

[randomlinh]

you're not getting a criminal record. for out of state, most likely just a huge ass fine. The *chance* of a record is more for the speeding DWI/DUI/etc types. Not that I'm defending their laws... it's bitten me hard. I lawyered up, but he was mostly an idiot. I should have went w/ my gut instinct after the first time out there (had to go 2 times because of, he postponed once). Anyway, the lawyer fee was my biggest expense at about $700/800 (I called about 3-4 in the area of the court, they all said about the same). $300 and change after court fees.

The one guy before me who did 90 (i don't remember if it was in a 55 or 65), out of state, the judge threatened he should have thrown him in jail for a night (technically, he could), but fine him for $1000.