Oh Jeezzz... Reckless driving summons for speeding in northern Virginia 2 hours ago. Court on Feb/3
12-31-2003, 05:18 AM
#25
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Turns out if you are 20mph above the limit it's reckless in VA. So hopefully with my record I can
get that reduced as I was going double digits
coming off an onramp. Turns out I merged into
traffic in front of a cop. Lucky me...
Obviously I pulled over immediately and was
very polite. Still need a lawyer...
coming off an onramp. Turns out I merged into
traffic in front of a cop. Lucky me...
Obviously I pulled over immediately and was
very polite. Still need a lawyer...
12-31-2003, 06:53 AM
#27
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Not conclusive but it looks like 40mph over is the max in NYS
near the bottom of the page
"This table lists the number of points given for specific traffic violations:
Violation Points Violation Points
Speeding (MPH over speed limit not indicated) 3 Following too closely 4
Speeding (MPH over speed limit): Passing improperly, changing lanes unsafely, driving to the left of center, driving in the wrong direction 3
1 - 10 MPH 3
11 - 20 MPH 4 Failed to obey a traffic signal, a Stop sign, or a Yield sign 3
21 - 30 MPH 6 Railroad crossing violation 3
31 - 40 MPH 8 Failed to yield the right-of-way 3
More than 40 MPH 11 Passenger safety violation, including seat belts, child safety seats, or passengers under the age of 16 3
Reckless driving 5 Left the scene of an accident that includes property damage or the injury of a domestic animal 3
Failed to stop for a school bus 5 Other moving violations 2
Inadequate brakes 4 Inadequate brakes (vehicle of an employer) 2
How the DMV Calculates Your Point Total
The DMV computer system automatically calculates your point total. Your point total is the total number of driver violation points that you received during the 18 previous months. The points are counted from the dates of your traffic violations, not from the dates of your traffic convictions. A traffic conviction is required for the points to appear on your driver record. 18 months after the date of the violation, the points for that violation are removed from your point total. The convictions remain on your record. Learn more about convictions and your driver record.
If you receive 11 points or more in 18 months, the DMV suspends your driver license. You can request a DMV hearing only to show that a different person committed the violations. You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension"<ul><li><a href="http://www.nydmv.state.ny.us/license.htm">http://www.nydmv.state.ny.us/license.htm</a</li></ul>
"This table lists the number of points given for specific traffic violations:
Violation Points Violation Points
Speeding (MPH over speed limit not indicated) 3 Following too closely 4
Speeding (MPH over speed limit): Passing improperly, changing lanes unsafely, driving to the left of center, driving in the wrong direction 3
1 - 10 MPH 3
11 - 20 MPH 4 Failed to obey a traffic signal, a Stop sign, or a Yield sign 3
21 - 30 MPH 6 Railroad crossing violation 3
31 - 40 MPH 8 Failed to yield the right-of-way 3
More than 40 MPH 11 Passenger safety violation, including seat belts, child safety seats, or passengers under the age of 16 3
Reckless driving 5 Left the scene of an accident that includes property damage or the injury of a domestic animal 3
Failed to stop for a school bus 5 Other moving violations 2
Inadequate brakes 4 Inadequate brakes (vehicle of an employer) 2
How the DMV Calculates Your Point Total
The DMV computer system automatically calculates your point total. Your point total is the total number of driver violation points that you received during the 18 previous months. The points are counted from the dates of your traffic violations, not from the dates of your traffic convictions. A traffic conviction is required for the points to appear on your driver record. 18 months after the date of the violation, the points for that violation are removed from your point total. The convictions remain on your record. Learn more about convictions and your driver record.
If you receive 11 points or more in 18 months, the DMV suspends your driver license. You can request a DMV hearing only to show that a different person committed the violations. You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension"<ul><li><a href="http://www.nydmv.state.ny.us/license.htm">http://www.nydmv.state.ny.us/license.htm</a</li></ul>
12-31-2003, 07:46 AM
#28
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I went through this exercise for my wife in Fairfax County
Shortly after we got the Audi, she got clocked at 81mph in a 55mph on I-66 near Fair Oaks Mall. Pisses me off because she was just daydreaming, not driving fast to have fun, and not driving fast because she was late.
She was courteous to the cop and had a clean driving record. The attorney said it would probably get knocked down from 81 to about 77, which is still reckless.
While watching other people in court, we saw a person at 80 mph in a 55 get 1 day in jail, so my wife was on the verge of tears. (This person did not hire an attorney and plead guilty).
The attorney we hired was with a well respected firm, and just left the Fairfax County prosecutors office. Actually I was concerned because I hired a good firm, but the attorney assigned to the case was only a couple of years out of law school. A plea agreement was worked out to knock down the speeding from 81 to 74 with a $150 fine, and no reckless charge. The cop had to agree that the charge was appropriate, and because my wife did not cause him any problems, he agreed. Our attorney said that this was one of the best deals he was able to strike, and said that we got lucky.
I don't know any Loudon county attorneys, just Fairfax. However, if you can't find a good attorney, I can ask around and try to find you one. However, based on my experience, I highly recommend an attorney who was a former prosecutor in the Loudon County DA's office, and left on good terms.
I would post your story on the Washington DC Audi board on Yahoo (<A HREF="http://autos.groups.yahoo.com/group/acna_pcc/">DC Audi Club</A>)as I know that a number of people on that Board have stories similar to yours, and may have had a good experience with a particual lawyer in Loudon.
Good luck.<ul><li><a href="http://autos.groups.yahoo.com/group/acna_pcc/">http://autos.groups.yahoo.com/group/acna_pcc/</a</li></ul>
She was courteous to the cop and had a clean driving record. The attorney said it would probably get knocked down from 81 to about 77, which is still reckless.
While watching other people in court, we saw a person at 80 mph in a 55 get 1 day in jail, so my wife was on the verge of tears. (This person did not hire an attorney and plead guilty).
The attorney we hired was with a well respected firm, and just left the Fairfax County prosecutors office. Actually I was concerned because I hired a good firm, but the attorney assigned to the case was only a couple of years out of law school. A plea agreement was worked out to knock down the speeding from 81 to 74 with a $150 fine, and no reckless charge. The cop had to agree that the charge was appropriate, and because my wife did not cause him any problems, he agreed. Our attorney said that this was one of the best deals he was able to strike, and said that we got lucky.
I don't know any Loudon county attorneys, just Fairfax. However, if you can't find a good attorney, I can ask around and try to find you one. However, based on my experience, I highly recommend an attorney who was a former prosecutor in the Loudon County DA's office, and left on good terms.
I would post your story on the Washington DC Audi board on Yahoo (<A HREF="http://autos.groups.yahoo.com/group/acna_pcc/">DC Audi Club</A>)as I know that a number of people on that Board have stories similar to yours, and may have had a good experience with a particual lawyer in Loudon.
Good luck.<ul><li><a href="http://autos.groups.yahoo.com/group/acna_pcc/">http://autos.groups.yahoo.com/group/acna_pcc/</a</li></ul>
12-31-2003, 09:03 AM
#29
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A commiseration story
I passed a cop going 85MPH on the beltway in 1998. I was just cruising home to Richmond from Annapolis and in that year I was averaging about 1000mi/wk. through VA. This had racked up three tickets in 8 months for me. Since then I've not gotten one, though I likely speed more.
It was pouring rain and I was trying to get past a clump of tractor trailers and I don't like to pass them slowly, but as soon as I'd settled back down to my normal 70 or so on the beltway I saw the lights in the mirror. I pulled right over and the State Trooper walked up and yelled at me "you are reckless driving!!"
At that moment a particularly bad idea came to mind. I remembered the old Drew Carey sketch about getting pulled in a rain storm for running a red light. The cop asks "do you know why I pulled you?" and he answers "do you know why I ran the light?"
I gave him my license/reg. and waited. When he came back and handed me the ticket, I took it and started lecturing him on all the things I've thought with every ticket I've ever received. How he was nothing more than a uniformed tax collector. How the State Troopers never respond to 911 calls I make to report drunks, etc. How my wife had been treated poorly by a VA State Trooper, etc. etc. Meanwhile, he's standing in a downpour yelling at me to sign the ticket...
I went home and found a good lawyer who cost me $1000 but got a plea for a 10-20MPH speeding ticket. I figure I got lucky. Hire yourself a lawyer.
PS> I also got my license moved to another state the day after my court case. This way, the VA computers didn't yet know my license had changed, but the new state's computers had already copied my records over. The ticket doesn't show on my record at all.
It was pouring rain and I was trying to get past a clump of tractor trailers and I don't like to pass them slowly, but as soon as I'd settled back down to my normal 70 or so on the beltway I saw the lights in the mirror. I pulled right over and the State Trooper walked up and yelled at me "you are reckless driving!!"
At that moment a particularly bad idea came to mind. I remembered the old Drew Carey sketch about getting pulled in a rain storm for running a red light. The cop asks "do you know why I pulled you?" and he answers "do you know why I ran the light?"
I gave him my license/reg. and waited. When he came back and handed me the ticket, I took it and started lecturing him on all the things I've thought with every ticket I've ever received. How he was nothing more than a uniformed tax collector. How the State Troopers never respond to 911 calls I make to report drunks, etc. How my wife had been treated poorly by a VA State Trooper, etc. etc. Meanwhile, he's standing in a downpour yelling at me to sign the ticket...
I went home and found a good lawyer who cost me $1000 but got a plea for a 10-20MPH speeding ticket. I figure I got lucky. Hire yourself a lawyer.
PS> I also got my license moved to another state the day after my court case. This way, the VA computers didn't yet know my license had changed, but the new state's computers had already copied my records over. The ticket doesn't show on my record at all.
12-31-2003, 09:36 AM
#30
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Thank you very much for the info. This is exactly what I thought would be
the case and why I immediately recognized
I would need a lawyer.
I have contacted a few firms and there seems
to be no shortage of help out there for
people in this situation.
Do you know of any way I could check the
track record of the lawyers I am considering
so I pick the best? How did you pick yours?
Thanks!
I would need a lawyer.
I have contacted a few firms and there seems
to be no shortage of help out there for
people in this situation.
Do you know of any way I could check the
track record of the lawyers I am considering
so I pick the best? How did you pick yours?
Thanks!