Reckless Driving VA 46.2-853

[bigdaddycane]

Originally Posted by Red_Baron

My offense was on federal ground though so I'm guessing I had a lot more leniency then I would in VA court.

quite the opposite. you had someone looking out for you that day....

[stuypegleg]

If possible, I would get a lawyer who is familiar with that particular court. Before you select a lawyer, you could ask him how many times have he worked on traffic tickets for your particular court. I say this because I had a lawyer who frequented the Fairfax County courthouse and - according to him - knew the prosecutor and even the state trooper who wrote the ticket. So he was able make a plea bargain with the prosecutor where I would plead guilty and the charges would be knocked down in view of my clean record.

He was sorry because I was not the first person up starting at 9 am (?) but was the second person up. My original lawyer charged five benjamins about 10 years go, but he had a scheduling conflict so he asked a colleague to take up my case. That colleague normally charges 10 benjamins but did mine for five. Knocked down to improper driving, something like a $250 fine and a few minimal points, if my memory serves right.

My guess is that the court, with its overloaded docket, would like to quickly adjudicate or dispose of cases where the driver has a clean record because they will need the time to deal with all the repeat offenders whose cases take more time to adjudicate.

Now that I write this, I now recall that I represented myself on my first "serious" ticket. I suppose that my legal education may have helped some and maybe even because it was in Maryland. I had a clean record and even took a safety course before the hearing. I did get the charged knocked down to a lower offense, but in retrospect, what I did was highly risky as a conviction on a "serious" charge will be on your record for a long time and can be an issue for a future job. In certain professions, you have to admit whether you ever had a reckless driving conviction on the application form.

[GreeKon]

I fucking HATE Virginia. They are soooooooo over the top with their speeding ticket bullshit! RIDICULOUS!

LAWYER UP ASAP!

[WarrantyTracker]

To all you out-of-state posters hating on the Commonwealth's LEOs for writing you tickets:

If I could get away with shoplifting from Safeway all the time in Virginia doesn't mean I should be immune from prosecution if I get caught doing it at Food Lion in West Virginia.

You're busted. Do the crime. Do the time. Get the bragging rights.

Or tell His or Her Honor you're really sorry and you should've known better.

Because Virginia is for Lovers. Not for haters. And if you keep your speed down to 14 mph over the limit, you're not going to get cited for reckless (unless the limit is 70, in which case 79 is your cap). And if you keep it to 9 mph over the limit, nobody is going to ticket you at all. Oh yeah, and don't spin the tires or duel - pretty much like every where else.

Yes I own full-body Nomex garmets and I'm going to get them now . . . .

[kmarei]

Originally Posted by WarrantyTracker

To all you out-of-state posters hating on the Commonwealth's LEOs for writing you tickets:

If I could get away with shoplifting from Safeway all the time in Virginia doesn't mean I should be immune from prosecution if I get caught doing it at Food Lion in West Virginia.

You're busted. Do the crime. Do the time. Get the bragging rights.

Or tell His or Her Honor you're really sorry and you should've known better.

Because Virginia is for Lovers. Not for haters. And if you keep your speed down to 14 mph over the limit, you're not going to get cited for reckless (unless the limit is 70, in which case 79 is your cap). And if you keep it to 9 mph over the limit, nobody is going to ticket you at all. Oh yeah, and don't spin the tires or duel - pretty much like every where else.

Yes I own full-body Nomex garmets and I'm going to get them now . . . .

Va is not even for lovers
Last I checked both oral and Anal sex were illegal
We really should work on the reckless is a felony stupid concept, and making oral sex not only legal, but encouraged

[Vic311]

Originally Posted by kmarei

Va is not even for lovers
Last I checked both oral and Anal sex were illegal
We really should work on the reckless is a felony stupid concept, and making oral sex not only legal, but encouraged

Is this true??

[kmarei]

Originally Posted by Vic311

Is this true??

Was true till March this year
Assuming that this bill finally went through
Imagine that
2 grown married adults, could not engage in oral sex
This is not just backward, it's stupid

http://thinkprogress.org/lgbt/2014/0...domy-repealed/

So for all the members who dis everyone who drives fast.
I bet you most of them have committed felonies

[kmarei]

Still true I think
At least according to this

https://lis.virginia.gov/cgi-bin/leg...0+cod+18.2-361

[Vic311]

It's like one of those old blue laws from the Puritans.

[GreeKon]

WOW...I hate Virginia THAT much more now. LoL I'm surprised they let you guys own any guns.

[bigdaddycane]

Any Commonwealth is a mess. Just look at Trannsylvania (Pa)....horrible state.

[WarrantyTracker]

Originally Posted by kmarei

Still true I think
At least according to this

https://lis.virginia.gov/cgi-bin/leg...0+cod+18.2-361

Don't worry. If applied to consenting adults in a private room, the law is plainly unconstitutional. Which means that, even in the Commonwealth, the prosecutors won't bring a case.

[WarrantyTracker]

Originally Posted by GreeKon

WOW...I hate Virginia THAT much more now. LoL I'm surprised they let you guys own any guns.

Oh, don't you worry about that. The law here requires the Circuit Court to issue Commonwealth residents a concealed carry permit upon request, if you're not a convicted felon and you pass any on-line gun safety test offered by anybody. So you can imagine why our LEOs may be a bit cranky. It's a hairy job. You never know what solid citizen has had a couple Colt 45s to go with his or her Colt .45.

We have a voter ID law but the concealed carry permit is an eligible ID.

Just the thing to establish your identity when faced with a sassy poll worker at an open primary contest. The primary poll workers are cranky because Commonwealth law requires all primaries to be open to all registered voters, regardless of party affiliation. If the party wants to limit it to their own members, they must have a convention nomination instead. Which the party has to pay for itself, unlike the primary, for which they can stick taxpayers with the tab.

Lest you get the wrong idea, the flag that flies on the mast in my front yard is the blue one with Virtus in the center emblem, not the red and white striped one. If you don't believe me, you can ask Luc.

What can I say, after nine generations down here you get used to it. Sic Semper Tyrannnus.

[kmarei]

Originally Posted by WarrantyTracker

Don't worry. If applied to consenting adults in a private room, the law is plainly unconstitutional. Which means that, even in the Commonwealth, the prosecutors won't bring a case.

Tell that to my wife

[blankstar43]

Update for anybody interested or who may be in a similar situation in the future.

Had my court date today. I did hire a lawyer. Provided driving records for VA and SC which were clean, receipt from Tirerack for the order of new rear tires to remedy the low tread issue and the officer did not put up a fight. Judge dismissed all charges pending I take a driving class and complete it by August 22nd. All in all I'd say it was money well spent on the lawyer considering nothing will go on my record and I had to pay no fines for the charges.

[SonnyJack]

Glad to hear it worked out.

Originally Posted by blankstar43

Update for anybody interested or who may be in a similar situation in the future.

Had my court date today. I did hire a lawyer. Provided driving records for VA and SC which were clean, receipt from Tirerack for the order of new rear tires to remedy the low tread issue and the officer did not put up a fight. Judge dismissed all charges pending I take a driving class and complete it by August 22nd. All in all I'd say it was money well spent on the lawyer considering nothing will go on my record and I had to pay no fines for the charges.

[4corners]

Too much legal crap for traffic tickets. Next I'll need a lawyer to go to the grocery store.

[MikeD]

Wow! All you got was a driving class out of it? Lucky, hood job, now don't do it again, I don't think judge would be as accommodating next time.

Can I ask how much were lawyer fees? What about court fees?

[blankstar43]

Originally Posted by MikeD

Wow! All you got was a driving class out of it? Lucky, hood job, now don't do it again, I don't think judge would be as accommodating next time.

Can I ask how much were lawyer fees? What about court fees?

I was very lucky indeed, the judge barely gave the whole thing more than a quick look over and took less than 2 mins.

Lawyer was $400 and court fees were $30. IMO the lawyer fee was worth it considering what the ticket could have been on top of increased insurance costs for who knows how many years.

[blankstar43]

Originally Posted by XYR03

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?

My caucasian ass will stick with this car, but thanks

[bigdaddycane]

sounds like a WIN to me. nice work

the Tokyo Drift comment is hilarious btw.....don't know how I missed that one.

[blankstar43]

Originally Posted by bigdaddycane

sounds like a WIN to me. nice work

the Tokyo Drift comment is hilarious btw.....don't know how I missed that one.