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      04-19-2014, 02:18 PM   #1
blankstar43
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Reckless Driving VA 46.2-853

Unfortunately today I came around a turn too fast and the back end came out for a second, right in front of a police officer who proceeded to pull me over. I was issued a ticket for Reckless Driving; vehicle not under control Law Section 46.2-853. I was very polite to the officer and apologetic, explaining I had no intention of doing that and that my rear tires were low on tread and I simply came around the turn too quickly and the back tires came loose once throttle was applied (I was able to straighten the car out pretty quickly and nobody was hurt thankfully). I also have zero points on my license and a clean driving record for years now, which he acknowledged.

Now before everybody goes saying I deserve what I get blah blah, I completely understand that what happened was uncalled for and dangerous to myself and the people around me regardless of whether it was an accident or not.

Possible penalties are listed below
(1) up to 1 year in jail,
(2) up to 6 months suspension of your driverís license / privileges,
(3) a total of 6 points on a Virginia driverís license, and,
(4) up to a $2,500.00 fine.

Seeing as I have a clean record, was nothing but a gentlemen (the cops words and who said he would testify that I was very apologetic and cooperative and that the tires were indeed low on tread etc at court) I wanted to get some opinions on what steps I should take regarding this. My court date is not until June 4. Do I lawyer up and try and have it reduced? Do I simply represent myself, admit to the judge everything that happened in the most respectful, mature and apologetic way and hope for the best? By the way this will be in a Henrico County Court.

Any kind of advice from people who have been in similar situations or work in law enforcement, or who just have some good advice to give, would be greatly appreciated.
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      04-19-2014, 02:46 PM   #2
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I don't know anything about this stuff but good luck.
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      04-19-2014, 02:50 PM   #3
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Sorry to hear about your luck. Virginia can be brutal in regards to tickets, fines, and points. In this case, I would buy a new pair of rear tires, hire a lawyer, and bring the receipt of the tire purchase to court and argue that it was the bald tires that caused you to lose traction and you have remedied the problem with new tires. Maybe it would either allow for your case to be thrown out or at least reduced. Good luck!
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      04-19-2014, 03:14 PM   #4
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My buddies best friend is a top lawyer in VA and reps all us BMW guys if your ticket is down in Fairfax he'd rep you, but if its way out by Richmond probably too far a hike for him .


lawyer up 700-1500 would probably get you out of anything bad... Get the dealer to check your tread wear and all that..


Don't listen to the hypocrites here with the "you deserve that shame on you s*" they've all done stupid stuff too be it speeding in their youth, eating burgers and driving with their knees, or watching their kids do stupid crap in the back seat while not fully paying attention to the road...

Good luck bud
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      04-19-2014, 03:16 PM   #5
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Good luck man! I sympathies with your issue as it could happen to anyone, the cop could have given you a break IMO. I've driven thru Virginia a few times and always follow the speed limit as their cops are brutal. Best of luck and hope they go easy on you seeing that you don't have any prior's.
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      04-19-2014, 03:47 PM   #6
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Lawyer up.
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      04-19-2014, 04:06 PM   #7
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I had a similar thing 4 years ago, except I was 17 LOL. Basically, I was stuck behind this F350 + huge trailer and he was going 5 mph below the speed limit (two lane highway). Anyways long story short, I overtook him going 100mph in a 50, and the on coming car was a cop. My only intention was to go 55-60mph on this secondary highway.

I was given a summon, where I have to go to court. So I hired a lawyer for $400 and received $700 in fines and a lovely 1 month suspension.
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      04-19-2014, 08:12 PM   #8
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In Virginia - you need a lawyer.

Don't go buying anything. Just sit with your well-paid lawyer and listen to his/her approach.
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      04-20-2014, 12:47 AM   #9
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Quote:
Originally Posted by Estoril Blue View Post
In Virginia - you need a lawyer.

Don't go buying anything. Just sit with your well-paid lawyer and listen to his/her approach.
Agreed
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      04-20-2014, 08:36 AM   #10
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Take car to dealer
Ask them to check for rear tire tread depth
(Hopefully) they say tires need to be replaced
Replace said tires
Go to court with all the paperwork, and your clean driving record
Don't get a lawyer
I've had 2 speedings and 2 reckless and never got a lawyer
Because lawyer will cost you a lot more than the fines
If the judge rules against you, THEN hire a lawyer and file an appeal

And yes Virginia is ruthless when it comes to speeding
Wish the cops would address some of the other traffic issues
But of course, the other issues don't generate as much revenue
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      04-20-2014, 07:00 PM   #11
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Quote:
Originally Posted by Sandye90m3 View Post

I was given a summon, where I have to go to court. So I hired a lawyer for $400 and received $700 in fines and a lovely 1 month suspension.
Thats like a worst case scenario in my op.. First time offense! suspension + 700! And while overtaking!

Quote:
Originally Posted by kmarei View Post
Don't get a lawyer
I've had 2 speedings and 2 reckless and never got a lawyer
Because lawyer will cost you a lot more than the fines
If the judge rules against you, THEN hire a lawyer and file an appeal

And yes Virginia is ruthless when it comes to speeding
Wish the cops would address some of the other traffic issues
But of course, the other issues don't generate as much revenue
In VA I could care less if it was 100-10000 I'd rather not go to jail or have them contact my state and get me suspended. When you reach the point of needing a lawyer, its best to overpay to win than underpay.
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      04-20-2014, 09:08 PM   #12
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Va resident here. I'll also recommend to lawyer up as well before doing anything else.
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      04-21-2014, 12:30 PM   #13
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LAWYER. They will laugh at you in court without one...
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      04-23-2014, 07:29 PM   #14
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I got caught doing 72/35 off route 50 in Chantilly, back in 2009 and i got a lawyer and paid $750 and it was dropped to a regular speeding ticket.

-James
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      04-24-2014, 07:14 AM   #15
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I would do what Kmarei stated AND bring a lawyer. The money spent will be well worth it to get the offense knocked down. Going in without a lawyer on a reckless charge in VA is seriously gambling (sorry Kmarei). If you catch a VA judge on a bad day, you might end up someone's b!tch in county lockup. J/K, but you get my point.

You can also take the online driving course BEFORE your court date because if you take it voluntarily you will get 5+ points at the completion of the course. If you go to court and the judge directs you to take the driving course you get 0 (nada, nothing) points at the completion of the course.

If your record was truly clean and you go to court with decent documentation, a good lawyer and a big helping of remorse (key point) you *should* walk away with a regular speeding ticket whose points will be offset by the online driving course.

GL
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      04-24-2014, 07:23 AM   #16
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Quote:
Originally Posted by blankstar43 View Post
Unfortunately today I came around a turn too fast and the back end came out for a second, right in front of a police officer who proceeded to pull me over. I was issued a ticket for Reckless Driving; vehicle not under control Law Section 46.2-853. I was very polite to the officer and apologetic, explaining I had no intention of doing that and that my rear tires were low on tread and I simply came around the turn too quickly and the back tires came loose once throttle was applied (I was able to straighten the car out pretty quickly and nobody was hurt thankfully). I also have zero points on my license and a clean driving record for years now, which he acknowledged.

Now before everybody goes saying I deserve what I get blah blah, I completely understand that what happened was uncalled for and dangerous to myself and the people around me regardless of whether it was an accident or not.

Possible penalties are listed below
(1) up to 1 year in jail,
(2) up to 6 months suspension of your driverís license / privileges,
(3) a total of 6 points on a Virginia driverís license, and,
(4) up to a $2,500.00 fine.

Seeing as I have a clean record, was nothing but a gentlemen (the cops words and who said he would testify that I was very apologetic and cooperative and that the tires were indeed low on tread etc at court) I wanted to get some opinions on what steps I should take regarding this. My court date is not until June 4. Do I lawyer up and try and have it reduced? Do I simply represent myself, admit to the judge everything that happened in the most respectful, mature and apologetic way and hope for the best? By the way this will be in a Henrico County Court.

Any kind of advice from people who have been in similar situations or work in law enforcement, or who just have some good advice to give, would be greatly appreciated.
Sorry for that get a lawyer , and i think your clean record will help you for sure
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      04-24-2014, 10:45 AM   #17
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+1 on getting a lawyer.
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      04-24-2014, 10:53 AM   #18
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Quote:
Originally Posted by got da booze View Post
Sorry to hear about your luck. Virginia can be brutal in regards to tickets, fines, and points. In this case, I would buy a new pair of rear tires, hire a lawyer, and bring the receipt of the tire purchase to court and argue that it was the bald tires that caused you to lose traction and you have remedied the problem with new tires. Maybe it would either allow for your case to be thrown out or at least reduced. Good luck!
This is a pretty good idea. I dont know why I didn't think of this to tell you the other day but good luck. Maybe you should drive a slower car. Are you also asian and like to tokyo drift?
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      04-24-2014, 11:46 AM   #19
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Our system is out of control when u need a lawyer for a traffic ticket. We need to turn this police state around!!!

Why do we need lawyers when: we have a traffic accident, a problem with our employer, a housing issue, fall down in public, a fist fight. We all need to be nicer to each other and grow some responsibility balls.
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      04-24-2014, 12:31 PM   #20
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Quote:
Originally Posted by 4corners View Post
Our system is out of control when u need a lawyer for a traffic ticket. We need to turn this police state around!!!

Why do we need lawyers when: we have a traffic accident, a problem with our employer, a housing issue, fall down in public, a fist fight. We all need to be nicer to each other and grow some responsibility balls.
Technically it's not just a "speeding ticket" Its a summons to appear in court, but I agree with you, things in VA are out of control, but will NEVER change.

Speaking of accidents, if you get in an fender/bender type accident in VA, most of the time a cop shows up and writes someone a ticket. Revenue generating, nothing more. In Maryland, if you get in that same type of accident, the police will arrive and check if everyone is ok....and leave if so. That's the way it should be. F*ck VA! Communist State
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      04-24-2014, 01:17 PM   #21
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Quote:
Originally Posted by bigdaddycane View Post
Technically it's not just a "speeding ticket" Its a summons to appear in court, but I agree with you, things in VA are out of control, but will NEVER change.

Speaking of accidents, if you get in an fender/bender type accident in VA, most of the time a cop shows up and writes someone a ticket. Revenue generating, nothing more. In Maryland, if you get in that same type of accident, the police will arrive and check if everyone is ok....and leave if so. That's the way it should be. F*ck VA! Communist State
I went to Tech so I know all too well what it was like to drive back to NoVA. Everytime I drive through VA, it's so hard to get used to it because it's usually smooth sailing from SC and NC.
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      04-24-2014, 03:04 PM   #22
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I got a reckless two or three years ago, 76/35 (somewhere around there, don't remember exactly). I went to court without a lawyer and no one laughed at me. Everyone thought I was insane. Long story short, my reckless charge was reduced to a speeding ticket. My offense was on federal ground though so I'm guessing I had a lot more leniency then I would in VA court.
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