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The Virginia Speeding Ticket Game: UPDATED*** Login/Join 
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Picture of TigerDore
posted
Last week I was pulled over by a Virginia (Chilhowie PD) police officer. He said I was going 82 in a 70 mph zone on the interstate. It was curious because I was getting passed by a Toyota Camry just as the PO hit his headlights and pulled out into traffic. The Toyota was still right in front of me when he pulled me over.

I probably was going around 76-78 so I accepted my fate before he even pulled me over, however I was going with the flow. But when he told I was getting hit with reckless driving and a summons to appear in court, I got a little ticked. He then sort of laughed it off and said that if I didn't show up, it was "No big deal" and the "judge wouldn't issue a warrant for my arrest or anything". He would just set my fine and I could call after the court date to find out the amount. Easy as 1-2-3....

This week, I get form letters from three different attorneys in VA telling me that I am in danger of going to jail and/or having a serious reckless driving charge on my permanent record. They all promise to get my ticket reduced to just speeding or completely dismissed for a mere $200 or so.

Are there any VA attorneys here? Is this a scam set-up between the local judges and attorneys to grease the wheels of justice in small town VA? Should I pay one of these attorneys? How do I figure out who is legit and who isn't?

This message has been edited. Last edited by: TigerDore,
 
Posts: 4590 | Registered: September 26, 2013Reply With QuoteReport This Post
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Best advice-DONT SPEED!!!
 
Posts: 543 | Location: Southern Michigan | Registered: May 30, 2009Reply With QuoteReport This Post
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No ideas concerning the VA statutes but in my agency , every week lawyers would send staff members in to get a copy of every mva report. The same thing happened in the court as both are public records. Now with summons being issued electronically, I have no doubt they are able to secure those records.

They embellish the statutes to drum up business. Not appearing will get a warrant issued at some point.

I didn't understand the reckless part until I read the VA statutes. They are odd to say the least.

Reckless Driving (Felony or Misdemeanor)
Reckless driving - speeding in excess of 80 mph

http://vscc.virginia.gov/docum...%20Driving.pdf[/url]

They have tried to raise the 80mph point to 90 which would make more sense. Don't know it that ever passed.


Richard Scalzo
Epping, NH

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Posts: 4458 | Location: Epping, NH | Registered: October 16, 2004Reply With QuoteReport This Post
Tinker Sailor Soldier Pie
Picture of Balzé Halzé
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Reckless driving is almost as bad as a DUI charge. Simply laughing it off as the cop did doesn't sound proper. I'd do what I can to fight that charge.

quote:
Originally posted by triggertreat:
Best advice-DONT SPEED!!!


Yeah ok...


~Alan

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Posts: 18123 | Location: Out of Jersey, Into Utah | Registered: October 29, 2012Reply With QuoteReport This Post
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Welcome to the Old Dominion. In Virgina, A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 80 miles per hour regardless of the applicable maximum speed limit. You should find a Lawyer who specializes in traffic violations locally where the court appearance is scheduled and at the least pay for a consult. I suspect this was on I-81?


_____________________________________________________________________
The odds will be what the odds will be... so... "Send it"
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Posts: 10000 | Location: Carolina but Texas in my heart | Registered: November 13, 2009Reply With QuoteReport This Post
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It's Virginia, you're totally screwed.

Just pay it and move on, it's a waste of time and money to try and fight it.

I swear the entire state of VA is one giant speed trap, it's the only state I don't dare go one mph above the posted speed limit lest the trooper hiding behind every bush get me.
Roll Eyes


 
Posts: 22182 | Location: Pennsylvania | Registered: November 12, 2007Reply With QuoteReport This Post
Go ahead punk, make my day
posted Hide Post
quote:
Originally posted by triggertreat:
Best advice-DONT SPEED!!!
Nice advice from the "I'd turn myself in for jaywalking crowd".
 
Posts: 36149 | Registered: July 12, 2008Reply With QuoteReport This Post
Just for the
hell of it
Picture of comet24
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Anything over 80 or 20 over the posted limit is reckless driving in VA. I know a few people that have been hit with that. I think all ended up with a $500 fine. One I know has a reckless charge just because of speeding.

I would take it seriously. While your not going to go to jail you could end up with a reckless charge on your license.

I will leave it to some VA folks that can provide better info on how to handle it but don't just ignore it.


_____________________________________

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Posts: 14093 | Registered: March 27, 2004Reply With QuoteReport This Post
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Fight it. You're paying the damn court cost anyway might as will show up and see if you can get lucky. Good luck on finding a decent attorney and hopefully minimizing the charge. Even when I showed the judge in Chesapeake VA that my speedo was off I still got fucked. Maybe you will have better luck.
 
Posts: 14981 | Location: Winston Salem NC or VA Beach | Registered: April 16, 2007Reply With QuoteReport This Post
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Kinda odd. I travel 81 through two counties everyday and in my area I've never seen a town cop or county deputy pull anyone on the interstate. I've seen some come to assist a trooper from time to time, but never running radar or anything on the interstate. Kinda strange.

You certainly want to appear, and you might seriously consider a lawyer. I felt that the anything over 80 is reckless became a little silly when the speed limit was upped to 70 but they don't often ask my opinion on things. Cruise control has become my best friend.



I have the heart of a lion.......and a lifetime ban from the Toronto Zoo.- Unknown
 
Posts: 4355 | Location: Shenandoah Valley, VA | Registered: November 05, 2010Reply With QuoteReport This Post
Just for the
hell of it
Picture of comet24
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quote:
Originally posted by thunderson:
Kinda odd. I travel 81 through two counties everyday and in my area I've never seen a town cop or county deputy pull anyone on the interstate. I've seen some come to assist a trooper from time to time, but never running radar or anything on the interstate. Kinda strange.



There are some cities that always have local officers running radar on the highway. Emporia on I95 just before NC always has a few of their cars on the interstate. Anyone that drives that route knows to slow down around there.


_____________________________________

Because in the end, you won’t remember the time you spent working in the office or mowing your lawn. Climb that goddamn mountain. Jack Kerouac
 
Posts: 14093 | Registered: March 27, 2004Reply With QuoteReport This Post
semi-reformed sailor
Picture of MikeinNC
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In VA if you are over *80mph it is automatically C&R. (not because the cop was a douche or anything-it's the law there, and he was doing his job.)

Get a lawyer in the area you were summoned and have him pay it off. Ask him to plead it down as low as he thinks he can get and pay it.

Then move on. It's not the end of the world, you got nicked and you pay your speed tax.

DO NOT CALL YOUR INSURANCE COMPANY.
The cops don't call insurance companies. The drivers usually tell on themselves. Once they find out, your rates will go up...let them find it 2 years down the road when they run your DMV history....the fine is nothing compared to a 10% rate hike.

It's not a scam between the cops and the lawyers and the courts....VA is serious about speed laws and have figured out that its lucrative to the State if the cops enforce it.

Next time slow down in VA and don't have a radar detector (those are forbidden in VA- and its an expensive ticket on top of losing your detector)

Oh, don't forget. Pay the ticket, if you don't a warrant will eventually be issued for your arrest and your license will be revoked in VA and they will notify the DMV in the state where you live and it will get revoked/suspended there also.



"Violence, naked force, has settled more issues in history than has any other factor.”
― Robert A. Heinlein, Starship Troopers


 
Posts: 4727 | Location: 35-46.02N 077-55.54W | Registered: October 07, 2006Reply With QuoteReport This Post
Peace through
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quote:
Originally posted by triggertreat:
Best advice-DONT SPEED!!!
That's impassible.
 
Posts: 80065 | Registered: January 20, 2000Reply With QuoteReport This Post
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Picture of thunderson
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quote:
Originally posted by comet24:
quote:
Originally posted by thunderson:
Kinda odd. I travel 81 through two counties everyday and in my area I've never seen a town cop or county deputy pull anyone on the interstate. I've seen some come to assist a trooper from time to time, but never running radar or anything on the interstate. Kinda strange.



There are some cities that always have local officers running radar on the highway. Emporia on I95 just before NC always has a few of their cars on the interstate. Anyone that drives that route knows to slow down around there.


Good to know, thanks.



I have the heart of a lion.......and a lifetime ban from the Toronto Zoo.- Unknown
 
Posts: 4355 | Location: Shenandoah Valley, VA | Registered: November 05, 2010Reply With QuoteReport This Post
semi-reformed sailor
Picture of MikeinNC
posted Hide Post
quote:
Originally posted by comet24:


There are some cities that always have local officers running radar on the highway. Emporia on I95 just before NC always has a few of their cars on the interstate. Anyone that drives that route knows to slow down around there.


The cops near an Interstate are encouraged to work those areas for traffic violations (speeding). They even come in on their time off and work traffic versus working an "off duty gig" standing around a club or bar or store for security.

Traffic is easy work and if you write a few tickets during six hours no one will yell at you for not working-if you turn in ten tickets...sgt's happy and you get paid time and a half for doing essentially your job and don't get dispatched to domestic's, break-in's, or other BS....



"Violence, naked force, has settled more issues in history than has any other factor.”
― Robert A. Heinlein, Starship Troopers


 
Posts: 4727 | Location: 35-46.02N 077-55.54W | Registered: October 07, 2006Reply With QuoteReport This Post
Too old to run,
too mean to quit!
posted Hide Post
quote:
Originally posted by TigerDore:
Last week I was pulled over by a Virginia (Chilhowie PD) police officer. He said I was going 82 in a 70 mph zone on the interstate. It was curious because I was getting passed by a Toyota Camry just as the PO hit his headlights and pulled out into traffic. The Toyota was still right in front of me when he pulled me over.

I probably was going around 76-78 so I accepted my fate before he even pulled me over, however I was going with the flow. But when he told I was getting hit with reckless driving and a summons to appear in court, I got a little ticked. He then sort of laughed it off and said that if I didn't show up, it was "No big deal" and the "judge wouldn't issue a warrant for my arrest or anything". He would just set my fine and I could call after the court date to find out the amount. Easy as 1-2-3....

This week, I get form letters from three different attorneys in VA telling me that I am in danger of going to jail and/or having a serious reckless driving charge on my permanent record. They all promise to get my ticket reduced to just speeding or completely dismissed for a mere $200 or so.

Are there any VA attorneys here? Is this a scam set-up between the local judges and attorneys to grease the wheels of justice in small town VA? Should I pay one of these attorneys? How do I figure out who is legit and who isn't?


The choice to hire an attorney must be with you.

Having said that, a number of these small jurisdictions in Virginia supplement their funding with traffic tickets. Not all of those tickets are deserved, either.


Elk

There has never been an occasion where a people gave up their weapons in the interest of peace that didn't end in their massacre. (Louis L'Amour)

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-Thomas Jefferson

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FBHO!!!



The Idaho Elk Hunter
 
Posts: 22320 | Location: Virginia | Registered: December 16, 2001Reply With QuoteReport This Post
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I agree with those saying you definitely need counsel in this case and can't imagine what the cop was thinking who told you to just ignore it unless he was trying to increase the revenue to his town or county.

On a side note, I work within a few miles of the TN-VA-KY tri state marker. I avoid VA like the plague. The VA cops down here sit right near the border and issue tickets all day long. I work with a person who got a ticket for 58 in a 55 (saw the ticket myself) and countless people have gotten tint tickets. I won't go into VA unless I absolutely have to and when I do I set the cruise to exactly whatever the speed limit is and watch for hidden changes because they sit right on the signs where the speed limit is reduced.



“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams
 
Posts: 26200 | Location: TN/KY | Registered: June 29, 2001Reply With QuoteReport This Post
The Unmanned Writer
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An yes, Virginia. I had a lady slam on her brakes for a green light because of which i rear ended her. I received the ticket for following too close even though it was identified in court she was color blind and legally required to wear glasses (which she wasn't )

In the end, i still had to pay my ticket AND the lady was given a ticket for not wearing her glasses and creating a hazardous driving condition. This was Virginia Beach/Norfolk area.

I haven't been back to that state.







Sentiment without action is the ruin of the soul.


Help, I'm having premonitions of future flashbacks.

Only in an insane world are the sane considered insane.

Some people listen to the noise of the world,
And some people listen to the quiet.
 
Posts: 8458 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
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If you don't show up for court in Virginia on a criminal charge (reckless driving) another warrant will be issued for Failure to Appear. So then you will have 2 outstanding arrest warrants on file. If you get stopped in Virginia again,it will be an automatic arrest.

Call the Commonwealth Attorney's for Smyth County Virginia. This will be the office that prosecutes your case. See if they would be willing to knock it down to improper driving, or 79 in a 70 zone, if you agree to plead guilty and pay the fine and court costs.

The phone number is (276) 782-4042. The Commonwealth Attorney is Roy Evans and he is a reasonable man. I lived in that county for over 40 years.

Do not think this will just go away if you do not show up.

Virginia Code § 46.2-869. Improper driving; penalty.

Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court's decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.


______________________________________________________________________________
You can only go so far any direction before you eventually drive off a cliff
 
Posts: 5804 | Registered: January 17, 2011Reply With QuoteReport This Post
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Yes it was.

quote:
Originally posted by CQB60:
I suspect this was on I-81?
 
Posts: 4590 | Registered: September 26, 2013Reply With QuoteReport This Post
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