Speeding vs. Reckless Driving (or the official Rogue's goin' to jail thread)

[Rogue]

Speeding vs. Reckless Driving?

So apparently in Virginia, if you are convicted of driving 20 MPH over the speed limit or 80 MPH, it is automatically considered “reckless driving.” A criminal misdemeanor. :eek:

The Commonwealth can impose penalties including up to:
1 year in jail
$2500 in fines
Suspension of driving privileges up to one year
Mandatory Anger Mgt and Driving Safety Course (costs on the speeder)
Class 1 misdemeanor on your record for 11 years
6 points on your driver’s license, and reporting to the state in which you are licensed

I’m gettin' a lawyer. :mad: :mad: :mad:

First, I thought I'd see if there is any SO wisdom on the matter (I'm braced for the inevitable and hilarious dogpile).

[yermom]

slow down ;)

and i'm lucky i didn't get pulled over there over the summer :eek:

[1stTimeCaller]

in Oklahoma you can be jailed for up to 30 days for a basic speeding ticket.

I'd say you're on the right track with hiring a mouthpiece.

[royalfan5]

I'd tell people in the joint that you killed a dude, because I hear speeders don't do so well.

[olevetonahill]

Shoulda been drunk . hell a dui aint that bad .

[olevetonahill]

Ok for real Now
Its been a bunch of years since I was a cop .
Ask your attorney tho .
The cop has to be certified to run the Radar unit ( the model he tagged you with )
Plus back in the day , if it had been shut off , the operator had to tune it .befor using it again .
Befor I spent money on a lawyer . Id first go ask the DA if they will work a deal . to keep it off your record .

[Newbomb Turk]

Its been a bunch of years since I was a cop.


you were a cop??!!

that's kind of like the fox watching the hen-house.

;)

[Rogue]

I didn't know OV was a cop either.

I've been searching all over the innerweb and the advice is pretty much
"reckless in VA = get an attorney."

Another question: The Commonwealth Atty in that county (same as a DA everywhere else) is (or was and another family member still is) a member of a firm in a neighboring county. Should I try that firm first (they are well respected for this type of thing there) or is it a clear conflict?

[Newbomb Turk]

Rogue. I have no experience in this area, but I'd think that if you have a clean record, you might get off OK. What a crock through.

[1stTimeCaller]

That clear conflict is what's going to allow you to walk away from this pleading no contest to jaywalking. That's your best option.

[Rogue]

My record for the past 15 years is good, a speeding ticket every couple of years or so. If they dig up my teen driving record, ouch!

[Rogue]

That clear conflict is what's going to allow you to walk away from this pleading no contest to jaywalking. That's your best option.

So you're saying go to that firm, play dumb, and see if they'll represent me? :D

Any magic words a guy should use?

[Newbomb Turk]

My record for the past 15 years is good, a speeding ticket every couple of years or so. If they dig up my teen driving record, ouch!

in that case, hope you don't mind the buttseks. :mack:

[1stTimeCaller]

So you're saying go to that firm, play dumb, and see if they'll represent me? :D

Any magic words a guy should use?
Walk in and say to the secretary/receptionist, "I was cited for reckless driving and I need to hire an attorney to help keep this off of my driving record." Then give her your wallet along with your SSN, mother's maiden name and your first pet's name.

;)

[SicEmBaylor]

I've been arrested for speeding. Get a lawyer.

[1stTimeCaller]

arrested or given a ticket?

[Newbomb Turk]

Rogue is lucky to have all of this good SO advice.

[AlbqSooner]

Any magic words a guy should use?
I have money.:D

[SleestakSooner]

OK I unfortunately have some experience in this area. Once when I was living in Virginia I drove home here to Norman to make it to my sister's wedding. On the way I traveled through North Carolina and was pulled over just outside of Winston-Salem doing 76 in a 55 down I-40.

Well at the time I had a VA driver's license and let me tell you... you were lucky if they let you go w/o putting your *** in jail.

This happened to me on a Friday and, if not for my father sending the county jail my bail money via western union, I would have missed my sister's wedding altogether because I would have had to spend the weekend in jail waiting to see the judge.

I was jailed due to "driving recklessly with an out-of-state" license. Now the funny part was that when I went to court for the offense a few weeks later the judge gave me a weak slap on the wrist and a small fine and sent me on my way.

I did not have a lawyer and wouldn't think you should need one there in VA for this type of offense unless you have turrets or something. But if you have plenty of money it can't hurt to be extra cautious.

[OUDoc]

Kill the biggest guy you can find. They'll leave you alone.

[Rogue]

Sleestak, for every story like yours, I'm finding 10 innerweb horror stories that don't go nearly so "well" in Virginia. My research also reveals that NC and VA are about the 2 worst places for this. I may have to fork over some cash either way, but it's damn sure going to be expensive for The Commonwealth too. If it were a $100 speeding ticket they'd already have their money. For this, I'll get my day in court before I take a chance on having my license suspended and a fuggin' criminal record.

[Newbomb Turk]

one more thing - you might want to buy some Astroglide before the hearing, just in case they haul you away right then.

[olevetonahill]

I didn't know OV was a cop either.

I've been searching all over the innerweb and the advice is pretty much
"reckless in VA = get an attorney."

Another question: The Commonwealth Atty in that county (same as a DA everywhere else) is (or was and another family member still is) a member of a firm in a neighboring county. Should I try that firm first (they are well respected for this type of thing there) or is it a clear conflict?
Ok contact the DA or commonwealth attorney , see what they say
Odds are they will drop it down so it wont go on your record . you will still pay em a hellof a lot of money but you wont go to jail or have a reckless on your record .
If the bastages say F--- you
Then hire an attorney
Oh and for what its worth Im an ordained Minister .:D

[Newbomb Turk]

Oh and for what its worth Im an ordained Minister .:D

just when you think you know a guy, you learn TWO new things in one day. :cool: :D

[olevetonahill]

just when you think you know a guy, you learn TWO new things in one day. :cool: :D
Pass me another Natty and we can discuss this .;)

[Newbomb Turk]

Pass me another Natty and we can discuss this .;)

I just bought a case, so I have plenty for ya. :)

[Rogue]

Thanks. I may try that, after I get his...er...relative on retainer. Just to have an ace in the proverbial hole.

Combat vet, ex-cop, ordained minister, and original shareholder in Natty Light Inc! OV, you are a complicated feller.

Do you preach, do a few marriages, counsel inmates, or what?

:les: Turk, you're not helping!

[Newbomb Turk]

(I'm braced for the inevitable and hilarious dogpile).


:les: Turk, you're not helping!
you were not as braced as you thought. :D

[olevetonahill]

Thanks. I may try that, after I get his...er...relative on retainer. Just to have an ace in the proverbial hole.

Combat vet, ex-cop, ordained minister, and original shareholder in Natty Light Inc! OV, you are a complicated feller.

Do you preach, do a few marriages, counsel inmates, or what?

:les: Turk, you're not helping!
Last marriage I did I got a case of Natty ;)
But really before you spend any money on an attorney . Just call em up and see what they Might offer .
And yes even back in the day 20 over was reckless here In OK . and You would go to jail . Less I liked you .:cool:

[SicEmBaylor]

arrested or given a ticket?
Arrested.......well given a ticket......which wasn't paid.......which resulted in me getting arrested. The state did threaten to suspend my license for a year if I got caught speeding again within a year.

[SicEmBaylor]

Make someone your bitch before you become theirs.

[Rogue]

Make someone your bitch before you become theirs.

The best kind of advice comes from experience. Thanks Sic'Em!

I wouldn't be surprised if you get "sigged" on this.

[OCUDad]

Arrested.......well given a ticket......which wasn't paid.......which resulted in me getting arrested. The state did threaten to suspend my license for a year if I got caught speeding again within a year.You always had a tendency to exaggerate, SicEm. That was your man card they suspended, not your license.

[SicEmBaylor]

You always had a tendency to exaggerate, SicEm. That was your man card they suspended, not your license.

Well, I was arrested but my point was that I was arrested for the unpaid speeding ticket not the speeding itself.

[1stTimeCaller]

Well, I was arrested but my point was that I was arrested for the unpaid speeding ticket not the speeding itself.
how much was your bail?

what ever happened with you stealing that campaign money and buying gay porn with the ill-gotten gains?

[SicEmBaylor]

how much was your bail?

I don't remember. See, I was arrested going home to FTG from my g/f's dorm at NSU. I get pulled over by the only damned cop in town who wouldn't have just called my parents and taken me home. The guy notices my license was suspended (which I didn't know because I had been in Waco and my parents said they'd take care of the speeding ticket)

I think the bail was a couple hundred dollars. I'm not sure you'd call it "bail"; I think it was more like I had to pay the assorted fines and penalties.

This is actually a pretty good story...
They took 6 hours to "process" me at the Muskogee jail even though I was basically the only person there. My parents absolutely will NOT answer the phone at that time of night, so I had to call my girlfriend asleep at her dorm at NSU to bail me out. She gets there and they don't take check, so she has to go to her mom's house and borrow her ATM card to withdraw cash.

The great thing is that they went through my wallet and I had this card in there which they asked about that I received from donating money to Bush's 2000 campaign and it looks very official but it's meaningless. It says, "Presidential Task Force" and has the White House seal, my name, and a serial number. Anyway, they asked what it was for so I made up this bull**** story about how I am the volunteer coordinator for the Western White House when President Bush is at his Crawford ranch and about how I assign volunteers to cabinet members..........such as the Attorney General. They got a LOT nicer after that and allowed me to put my street clothes back on until SicEmEx arrived.


what ever happened with you stealing that campaign money and buying gay porn with the ill-gotten gains?

From what I understand they traced the IP address to the guy who I suspected did it and last I heard they were "pursuing" that.

[OCUDad]

Kill the biggest guy you can find. They'll leave you alone.Same strategy you used in med school?

[SicEmBaylor]

Same strategy you used in med school?
I highly encourage you to find out for yourself.

[goingoneight]

Speeding vs. Reckless Driving?

So apparently in Virginia, if you are convicted of driving 20 MPH over the speed limit or 80 MPH, it is automatically considered “reckless driving.” A criminal misdemeanor. :eek:

The Commonwealth can impose penalties including up to:
1 year in jail
$2500 in fines
Suspension of driving privileges up to one year
Mandatory Anger Mgt and Driving Safety Course (costs on the speeder)
Class 1 misdemeanor on your record for 11 years
6 points on your driver’s license, and reporting to the state in which you are licensed

I’m gettin' a lawyer. :mad: :mad: :mad:

First, I thought I'd see if there is any SO wisdom on the matter (I'm braced for the inevitable and hilarious dogpile).

:eddie: SHAME ON YOU, GOONER!!!

[soonerboomer93]

You always had a tendency to exaggerate, SicEm. That was your man card they suspended, not your license.

why do people keep misunderstanding, sicem was never issued a man card...


he probably thought they were offering a tan card and said, "no thanks, i'd burn"

[Rogue]

Update:
So the law firm I found will make this "go away" for $250 to them and about $250 in fines/fees. I'll probably end up paying a fine for "defective equipment."

The firm that the prosecutor (Commonwealth's Attorney) works for won't take cases from the other county where he's a prosecutor. First question they asked. I probably wouldn't have wanted them if they were that dumb anyhow, but I had to try.

My counsel made sure I wasn't too much of an *** at the scene to the cop. I did drop an F-bomb but it was more of a "well this sucks" type of F-bomb and clearly not cussing the gung-ho trooper doing his job. So in a way I'm lucky it was in that county, others aren't as lenient apparently. My state doesn't currently have an agreement of automatic record-sharing with Virginia, but they could still report it. Many other states do and get this: If you are convicted of Reckless Driving in VA and you have a VA license you will pay a steep fine and keep your license unless you've had an assload of tickets already. If you are a safe driver from North Carolina and get a RD ticket in Virginia, NC will automatically suspend your license. :eek:

So, this is also such big business in VA that one firm I called was able to look up my ticket in about 10 seconds on a state database. And now I'm getting loads of solicitation mail from lawyers like "Did you or someone you know recently get a traffic ticket in Virigina? Let us represent you." I'm telling you this isn't about highway safety, it's about revenue.

If it were about safety, Virigina would:
1) Allow radar detectors - what do you do when it beeps? SLOW DOWN!!!
2) Not have traffic troopers hide behind bushes and dumpsters - that's
no way to deter speeding is it? To be a deterrent would be having a
very visible black & white sitting in the median.

Still :mad: , and now a little lighter in the wallet.

[Newbomb Turk]

Still :mad: , and now a little lighter in the wallet.

well at least you don't have to use Sic'em's advice and make somebody your bitch. :)

[Rogue]

well at least you don't have to use Sic'em's advice and make somebody your bitch. :)

True. Now if I take his advice it is stricly voluntary and not in the hoos-gow. :D

[Badcow]

If it were about safety, Virigina would:
1) Allow radar detectors - what do you do when it beeps? SLOW DOWN!!!
2) Not have traffic troopers hide behind bushes and dumpsters - that's
no way to deter speeding is it? To be a deterrent would be having a
very visible black & white sitting in the median.

Still :mad: , and now a little lighter in the wallet.

& 3) not let people drive around w/o insurance. For registering the car you need insurance but you dont need to it to drive it around.

I got a 'Failure to obey traffic sign' for making over 70 on 55 in Fairfax , VA ( i was caught via 'pacing'). I did not realize the horrors of speeding in VA till i started googling about it. I'm glad, being a VA resident, that I was caught with a minor offense and came to know about RD rather than get caught for the 1st time with RD and face the horrors.

[1stTimeCaller]

if you get caught driving w/o insurance the state/county/city should own the car if you can't prove within 3 days that you have insurance.

[Rogue]

I did not realize the horrors of speeding in VA till i started googling about it. I'm glad, being a VA resident, that I was caught with a minor offense and came to know about RD rather than get caught for the 1st time with RD and face the horrors.


The horror...the horror...
http://i126.photobucket.com/albums/p99/cjrogue/MarlonBrando.jpg





:eek:

[Rogue]

All done. $556 in fines, fees, attorney fees, and court costs. I'll slow down in VA now, but I will go to great lengths to not spend another dime there. I'm not buying so much as a gallon of gas or a candy bar if I can help it. I also don't spend $$ in little speed trap towns in other states that I travel through. Virginia though, it's a statewide assrape going on I'm personally boycotting the place. That'll show 'em. :rolleyes:

[sanantoniosooner]

Kill the biggest guy you can find. They'll leave you alone.
At the courthouse?

[sanantoniosooner]

Make someone your bitch before you become theirs.
Living proof.

[Sooner_Bob]

We moved out of Oklahoma back in 1995 and then back to Oklahoma in 2004.

During the 9+ years we were out of state I received one warning near Groom, Texas for a "busted tag lamp" and my wife received a warning just east of Elk City for going 71 on I-40.

Since moving back to Oklahoma I've received 3 warnings . . . one of the three could've been baaaaad. It was late and I was heading home to Stillwater from Weatherford and got stopped going at least 20+ over the speed limit. Needless to say I don't speed on the Kilpatrick Turnpike anymore. :O

[Rogue]

http://autos.aol.com/article/safety/v2/_a/states-with-worst-speeding-tickets/20070829110209990001


States With Worst Speeding Tickets
By CRAIG HOWIE , AOL AUTOS
Depending on where you live, speeding fines can range from the puny to the punitive.

In July, Virginia began charging most speeders an additional $1,050 fine on top of its usual $300, with drunken drivers there now facing an additional fine of up to $2,250. Other heavy hitting states include Georgia, Illinois and North Carolina, where maximum fines can hit $1,000, as well as New York, Texas and New Jersey.

Obviously, drivers and driver groups are upset at having to pay out more than their share to fund infrastructure improvements -- the root of the Virginia fine increases -- while some groups believe the fine increase acts as a deterrent against speeding or reckless drivers. Virginia's new law imposes a mandatory $1,050 fee on anyone convicted of speeding at more than 20 mph over the limit, or anyone traveling 15 mph over the limit in a 65 mph zone. When added to a drunken driving offense, a ticket's total can reach $3,550. Fees are added to almost all traffic offenses, felony and misdemeanor, including reckless driving or even driving with faulty brakes. You can also incur the inflated fine for using the wrong turn signal or driving too fast for conditions. Simple traffic infractions like rolling through a stop sign will not result in an increased fine. Some solace is offered in that only Virginia residents will be targeted – out-of-state drivers won't have to pay the add-on fees, but will still be fined for the original offense, or usually about $300.

Toward infrastructure
State lawmakers in Virginia expect to raise $60 to $120 million a year through their "civil remedial fees," to be put toward road improvements and maintenance, the Washington Post reports. Some studies suggest states could raise as much as $57 billion toward infrastructure improvements if they pursued the same policies. That's quite an incentive and, increasingly, seems to be the way lawmakers are turning. Many states and cities add "surcharges" to standard ticketing fines, though these are often smaller -- about $100 per offense -- and do apply to out-of-state drivers.

The hefty Virginia levy drew heavy fire. One state lawmaker, Delegate Bob Marshall, a Republican, complained that the bill's passing would be akin to "turning the police into tax collectors with guns." Even AAA, which backed the punitive measures initially, released a statement this week distancing itself somewhat from the policy.

"While the abusive driver fees were designed to help fund road maintenance in the Commonwealth and were intended to serve as a deterrent to dangerous driving behaviors, they have clearly been met with disapproval by many," the American Automobile Association statement said.
Gov. Tim Kaine has indicated he doesn't want to make any changes to the law other than to expand the fees to include out-of-state motorists. AAA has endorsed this expansion.

The effect
In some counties of Virginia, including Henrico County, all drivers clocked above 90 mph face an automatic one-day stay in jail. Some offenses, such as passing a school bus, are treated as a misdemeanor that remains permanently on your record. Chances are your insurance will rocket, too, in which case anything you can do to mitigate this hit -- like taking a traffic-school class -- pays for itself in the long run. The Web site speedingticketcentral.com advises that, in their editors' experience, drivers will escape most fines by keeping within 10 mph of the speed limit.

Policies like a state's insistence on collecting the first part of a $1,050 fine, or $350, at the courthouse, as in Virginia, have further angered motorists. "A lot of times they are surprised, they don't realize how big these fines are," said Aaron Quinn of the National Motorists Association. "A lot of people are getting their license(s) suspended because they can't pay these fines, which triggers an ongoing cycle of fines. There's no deterrent between paying $200 and $2,000. No one wants to pay either. Two thousand dollars can be a huge chunk of annual income if you're making minimum wage."


Quinn says lawmakers have gone in the direction of fines because "it is politically unpopular to raise taxes, especially the gasoline tax, where much of the road funding comes from. No one likes raising the income tax. But by going after speeders, no one will argue."

International
Don't think of packing up and heading to Canada to escape hefty fines: the state of Ontario has passed a law that takes effect Sept. 30 that includes a $10,000 fine for the worst speeders, 25 mph over the speed limit. A second offense could result in a 10-year driving ban. To prove they mean business, a special surveillance plane will help police enforce the law.


Top 10 States with Maximum Fines
States Fines
Virginia $1311
Nevada $1000
Georgia $1000
North Carolina $1000
Illinois $1000
New Hampshire $1000
Utah $750
Oregon $600
Kansas $500
Maryland $500

Source: National Highway Traffic Safety Administration



This is out of control. I'm going to "A Concert for Virginia Tech" next week. Since radar detectors are illegal there, guess I'll be cruising sloooow.

[Rogue]

Edit. Double post, aka "DP."

[goingoneight]

Not necessarily sending people to jail, but I wish traffic laws were a little better enforced in Oklahoma. As in, don't give a kid a ticket for running a yellow light, catch the jerkoff who ran the red light. Don't give a guy a speeding ticket when the guy on his cell phone is tailgating and cutting people off. I used to love driving, not sice a few *******s totalled two of my cars, one didn't speak a word of English and had no license (or green card), and the other was a whorn fan who proceeded to get a lawyer when he rear-ended my truck. :mad:

[OUinFLA]

the other was a whorn fan who proceeded to get a lawyer when he rear-ended my truck. :mad:


They're a rear-ending bunch, or so I'm told.


NTTAWWT


My son got a speeding ticket in VA a couple of years ago. They transfered the info to Fla and he got points on his FL license because of it.

[CUinNC]

[QUOTE=This is out of control. I'm going to "A Concert for Virginia Tech" next week. Since radar detectors are illegal there, guess I'll be cruising sloooow.[/QUOTE]

When your going North on I-81 ...there are never any law-dogs between Marion & Wytheville....so you can hammmer-down for at least 15 miles...no problem.....Trust Me:D :D

[bluedogok]

The legislator in Virginia that introduced the legislation for the $3,550 ticket is a partner in a law firm that specializes in traffic tickets.......

theNewspaper.com - Virginia Introduces $3550 Speeding Ticket
Virginia legislator introduces new speeding ticket tax that boosts penalties beyond $3550, driving business to his traffic law firm. (http://www.thenewspaper.com/news/18/1818.asp)

[Okla-homey]

Update:
And now I'm getting loads of solicitation mail from lawyers like "Did you or someone you know recently get a traffic ticket in Virigina? Let us represent you."

Just out of idle curiosity, do the envelopes those letters arrive in say "advertising material" on the outside?

The reason I ask is, I had to pass a national ethics exam a while back. One of the things I had to learn was if a lawyer sends direct mail to someone who is not a current or former client and whom he has reason to believe could use his services, he is 'sposed to put "advertising material" on the envelope.

Just a wonderin'.

[Rogue]

I can't remember the envelopes, Homey. Sorry. It does sound familiar and likely though, because my memory says that they were obviously generic mailings so I threw 'em away without opening them. Otherwise, if I got a letter from a law firm that was just addressed to me and looked to be individualized, I'd probably open it just after wondering "WTF?"

[Okla-homey]

I can't remember the envelopes, Homey. Sorry. It does sound familiar and likely though, because my memory says that they were obviously generic mailings so I threw 'em away without opening them. Otherwise, if I got a letter from a law firm that was just addressed to me and looked to be individualized, I'd probably open it just after wondering "WTF?"

Yep. I think that rule is designed to cut down on heart-attacks at the mailbox.

[Boarder]

Now THIS is classic


If it were about safety, Virigina would:
1) Allow radar detectors - what do you do when it beeps? SLOW DOWN!!!
2) Not have traffic troopers hide behind bushes and dumpsters - that's
no way to deter speeding is it? To be a deterrent would be having a
very visible black & white sitting in the median.

So, that's what they need to deter speeding? Really?


All done. $556 in fines, fees, attorney fees, and court costs. I'll slow down in VA now,


Sounds to me like the scheme worked to perfection.

This little Virginia problem is easily solved. Don't freaking speed! If you know what the consequences are, you gonna be speeding? Apparantly Rogue won't, so the system is working perfectly.

Bravo, VA.

Sorry about you having to pay that much for the lesson, though, Rogue. :D

[sooner_born_1960]

I think speed limits should be enforced as limits, not starting points.

[Rogue]

Bravo, VA.




:mad:



Sorry about you having to pay that much for the lesson, though, Rogue. :D

Oh, well OK then.

[Boarder]

And, really, shouldn't 20 mph over the limit be reckless driving? It's pretty reckless.

I used to do the same thing. I have an 88 in a 65 and 75 in a 55 and those were both being nice to me. I can guarantee at the time if that 88 had cost me $550 I'd have driven 64 in a 65 from then on.

[Rogue]

I don't know about that Boarder. In the middle of BFE on a long straight road in the middle of the day in a car that's about 6 months old on new tires with an alert driver I don't necessarily agree. At all. Like the folks in Montana, I think speed is relative to too many variables and, obviously, I think the Commonwealth of VA's intentions are dubious. The rule has to be set somewhere. I broke it and I paid some fines. Doesn't mean I now agree that the rule is proper and all is well. It's more likely to be reckless in school zones, on MY street, and in congested traffic or poor conditions. Alas, "reckless" in this case is a legal term that the lawmakers get to define so it's whatever they say it is.

Keep in mind, I might have some "authority issues." ;)

[Boarder]

It's NASCAR. It's ruined you from the kinder gentler Rogue.

:D

[1stTimeCaller]

or you have common sense.

:D