pnbell

Hello fellow 944 drivers.

On Friday afternoon I was driving to West Virginia on I-64, and was pulled over driving down a huge hill going 95 MPH in a 65... I am doing contract work in DC, but I am a NY Resident still.

Ticket: Reckless Driving 95/65 to an Out of State Driver


I know this a Real Bad Ticket... A Misdemeanor with possible $1,500 fines, and Jail Time!

Any experience with this?

Thoughts, Suggestions, Advice?

Ugh... I hope some of you have survived similiar VA tickets..

odurandina

lawyer/prosecutor/judge to reduce it.


when the powers that be see you are paying into the system....

thirdgenbird

i need to get on the track before i get tempted to do this on the street...

Preeze

ugh, sorry to hear that!!
never had a ticket like that before.
I'm 34 and got my first ticket this year for driving with out a front license plate on my Saab...$35 fine, no time in the can.

SirLapsalot

I am from Ohio and I got a 90 in a 65 in VA and it was $430. I sent in the information saying I would not appear in court on my court date and I was tried in absence on that date and then sent the fine with 10 days to mail it to them.

J Berk

Definately get a lawyer....you might spend $700 for a lawyer to take an hour and speak to the judge but you'll save in the long run !

kombatrok

Just talk to the judge... if you were cooperative with the officer and can explain yourself well you stand a pretty good chance of getting it reduced to just a speeding vio.

You may have better luck with a lawyer... its sort of random in VA really depends on the judge


I drive 64 all the time, you have to be careful the cops have a bunch of speed traps

jcslocum

Get an experienced traffic attorney to represent you. Your outcome will be much better and you won't regret it!!

CyCloNe!

I always find speeding tickets interesting.. I live in VA as well and talked to a State Policeman after he gave me a ticket for 70 in a 55, he told me that the radar they use doesn't even store and record the information that you were speeding...
So basically all they have is their eyewitness account, no actually physical evidence to prove that you were indeed going that speed. Personally if I were you I would ask about that piece of information just to see if it could help.
If you haven't had a ticket in the past few years that will help a lot... but I do agree with the above guys you may wana get a lawyer since he will know what to say and have a better approach.

mpeters951

Based on far too much personal experience, 2 themes apply.

1) The state's overriding concern is getting the money. What amount is debatable and a lawyer is very likely to successfully negotiate the infraction you ultimately agree to be guilty of. Many moving violations in MI are successfully negotiated and played out to some innocuous lesser or zero point ticket provided you agree to cash out then and there, meaning immediately. Make no mistake, the authority here is most interested in getting paid.

2) You will not win using a "my word vs. the officers word" strategy. The court and its' agents use "preponderance of guilt" in these civil actions. The word of the officer against you is nearly universally accepted as fact and will suffice as the required "preponderance of guilt" against you, case closed.

The thing to do is to check with an attorney who knows your system in VA and he/she will likely meet/confer with opposing counsel and hammer out an agreement - an agreement that gets the state paid. The negotiated win/win is: State gets paid, you get a lesser violation. Sense a theme here ? Bear in mind the revenue situation, especially now, with state finances. Also be mindful that the state couldn't care less about applying a lesser point(s) infraction and don't care that they are negatively impacting your auto insurer's ability to surcharge you for the infraction in question, as long as they get the money - probably full value of the original violation. In all cases attitude counts.

Excelerate

Lawyer up, and do some research so you get one who knows what he's doing. That's the safest and probably the best chance you have of staying free and without losing too much money.

Dougs951

Find a lawyer that is local to the courthouse you will be going to.

racer

Lawyer up and slow down. If you've lived in VA for 30 days or more and its your primary residence, I think there are residency issues you should look into as well.

JohnKoaWood

OK, I am reading LOTS of OK advice here, and while a lawyer MIGHT not be a bad idea, I have seen judges in our wonderfull state throw the book at those who bring in a lawyer..

1) you have only the mercy of the judge to depend on... attacking the cop, his word, or his equipment or usage of it is a BAD idea... MOST judges in VA will START by explaining that if you want to make it your word vs the police officers word, he will side with the PO 100% of the time... period.

2) You need to consult with an attourney, but not necissarily bring them to court.... you NEED to get a copy of your driving record, be prepared to request driving education, and be prepared to pay a nasty big fine, but you can request time / arangements to pay it...

The PO and his equipment are law in open traffic court... if you want to challenge this, you are asking for a judge to make a determination based on the evidence being presented... if you ask for trial by jury, you are placing your results in the hands of the people who live in the community you were just blowing through at 15 MPH OVER the wreckless limit (80MPH OR 20 over posted limit....)

IMHO, consult with an attorney, and be prepared to plead guilty, requesting traffic school, but this will only help if you can demonstrate to the court that your NY driving record is spotless... if you have previous tickets / offenses... it is up to the judge...

BTW, welcome to VA, obey the speed limits... or be prepared..

I was in court, and watched a DC police officer, who was nabbed for 115 in a 65 at night with his lights off, get the max, 30 days and $1500 fine, judge was upset with his attitude and demenor, not to mention the attitude of his union appointed lawyer...

That was Hanover county...

YMMV, good luck

and for the love of god... SLOW DOWN

KLR

I would definitely go with a lawyer on this one. A local guy who does 5 of these per week will generally get it knocked down a couple of notches. He should be able to tell you up front what to expect for an outcome. As a side benefit, hiring someone will also often get you out of appearing yourself.

BTW -- Forget about any kind of cockamamie defense. The question is how much you're going to pay and what comes back to your NY record. You should take a look at the NYS rules for out of state offenses. They were one of only a couple of states left that do not assess points for out of state tickets back in 2006 when I moved away from NYC.