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Virginia's new traffic laws and guns?

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Hate to say it, but while your here listening to all of us, you could be talking to an attorney who actually KNOWS the law, and the JUDGE and the DA. He can advise you whether to take a driving course, or have your speedometer calibrated. Or if it would be a complete and utter waste of time. As someone else posted you usually dont have to pay to sit down and talk with the people.
 
I've been waiting for call-backs. He just wrote me for reckless. Ticket says: "Reckless - 85/65" thats all he wrote on it.

good to know that I'll be alright gun-wise, then. Since it said it was a misdemeanor, I did not know if it would have counted or not. I have yet to see anything saying that it would.

thanks for the help and (for some of you) pretending to be my dad.

And as for conditions: it was about 8pm on a Saturday, with normal (light) traffic. Everyone was going about 80 in a 65, so of course I'm the one who gets singled out because a slight five miles made all the difference; no weaving, reckless lane-change, broken tail lights, etc. etc. Guess you have to draw the line somewhere, huh.:(
 
It is the guy who stands out, and in that case, 5mph faster than anybody else made you stand out. I don't like the traffic laws, but you got to blend in if you want to avoid attention.

FWIW I had a reckless charge about 8 years ago, plead guilty, $250 fine plus points, and that was the end of it. I was charged with 81 in a 55, IIRC. I did show up with a lawyer. I have no idea if that helped or not. The lawyer cost me $750. So basically that deal cost me $1000. In today's money that is probably double.
 
I'm in CA, and 80 mph here is only 15 over in most places and only 10 over in more rural areas. So 80 mph basically commuting speed.

Sorry to hear you are getting dinged for what is basically the high end of normal freeway speed here in CA.

Ha that is sure correct. In fact there is a local stretch of interstate where 85 is average, even in the slow lane of a 4-5 lane (per side) road. The fast two lanes go over 90 standard and you cannot safely remain in traffic going under 70 even in the slow lane (were one would have to merge a lot more and be at increased risk to begin as a result. The irony is if you go under 80 a lot more people will go around you constantly putting you at greater risk of an accident than just going with the flow.

I once tried to take a vehicle that topped out at 80, meaning it only operates at ~65 without being redlinned the whole time, from point a to b and it was a very unsafe and unenjoyable experience as dozens upon dozens of people continued to go around me at cut in front of me because I was merely doing the speed limit :mad:

I personaly would love if they started cracking down on people and reminded them it is called the "speed limit" for a reason, and not the "speed suggestion". If you don't like the limit, then get it changed. The limit is the limit, not the median, which is how most people view it.

For those who think the police are just hassling you, there is reasons the speed limit is what it is. It is not because people cannot control vehicles at higher speeds, it is because the survivability in most vehicles is decent between 55-65 MPH. With 65 being the top end, and why 55 was the speed limit for so long.
However a collision at 80+mph is far more likely to be fatal. Metal can only take so much force, and vehicles are designed to keep people safer at freeway speeds with things like crumple zones etc.
A crumple zone designed to work at 80 would not be very effective at 55, and a crumple zone designed to operate at the standard 55-65mph will not work well at 80+. The industry standards are for lower speeds.

I don't care how good of a driver you are. If you have a heart attack, have a tire blow out, brakes fail or other mechanical failure, sneeze the wrong way, or otherwise have a problem even as the "perfect" and capable high speed driver you think you are, your vehicle can still impact others at speeds above what they are designed to handle. Unless you drive a motorcycle you are endangering others, and that is moraly reprehensible.
In CA if you have an accident at such speeds and someone is injured you can be charged with a felony, and rightly so.

I see such careless endangerment no differently than recklessly firing a firearm in an unsafe and even posted location, and view an actual accident where someone is injured as a result as no different than recklessly firing a firearm in an unsafe location and accidently hitting someone with a round.
Both deserve strong punishment and were willful negligent decisions that put others at risk.
Unless driving to the hospital for an emergency, or shooting to stop a threat, neither are excusable.
The only difference is one has become acceptable because so many do it on a daily basis.

On top of that driving is not a constitutional right.
 
Since the original question is how will this effect your future gun purchase, it could financially. DMV is not, nor can it take away your ability to buy guns. The six points you could get will hurt. What code did he cite on the citation?
 
DMV is not, nor can it take away your ability to buy guns.
If you recieve a charge for driving in a manner that resulted in injury it can. That can include speeding as speeding past a point, even while maintaining perfect control of the vehicle can be considered reckless driving.
Of course fleeing the scene as to avoid such a charge is additional felony charges itself.
 
law section: 46.2.862

'general' reckless driving for exceeding 80 miles an hour. (no injury, damage, other aggravating infractions, etc.)

I think this topic has more than served its purpose. Thanks to all who gave feedback and info.
 
Zoogster: No it cannot. Only the court can. DMV is a seperate entity.
Okay a slip, breaking a law in a motor vehicle can. Technicaly the DMV is usualy not taking away your rights or privelidges to do anything including driving, it is almost always the court with very few exceptions. Even paying a speeding ticket is admission of guilt to a court, and not the DMV doing anything. Not paying or or not having insurance, or not renewing registration, etc are usualy governed by state law and not within the DMV's dicretion to enforce or not enforce.
The number of points exceeding what allows you to drive is usualy a state policy, often set in accordance with federal guidelines to recieve federal funds for roads and similar things in the state budget.
The DMV is a state agency governed by the laws of the state, not its own entity able to create its own interpretation of laws, so it is always working in accordance with state laws.
It is not the attorney general or the BATFE, and cannot just create new laws out of thin air (new interpretations.)

The only thing the DMV has authority over is whether they issue you a license, ID, renew your registration etc Even those things are governed by state law so it is not even DMV policy deciding whether they do those things usualy, but state law. They simply change thier guidelines to suite state law.

So technicaly the DMV never takes anything away, it just upholds the policies of others on giving something. State law takes things away.

So lets not get stuck on semantics.
There is several driving offenses that are felonies, and those can take away your rights. There is also a felony charge available some places for things that are not even felonies, as in the case of a habitual offender. They can be given a felony charge many places for several non felony traffic violations.
State law can impact your ability to purchase firearms in several ways. That could include a warrant for an unpaid traffic violation, even a misdemeanor one or other traffic offense, even if it was just a clerical error and you had paid it, and might take awhile to sort out, and update databases, to allow you to pass the state background check to purchase a firearm.
 
Zoogster wrote:
I don't care how good of a driver you are. If you have a heart attack, have a tire blow out, brakes fail or other mechanical failure, sneeze the wrong way, or otherwise have a problem even as the "perfect" and capable high speed driver you think you are, your vehicle can still impact others at speeds above what they are designed to handle. Unless you drive a motorcycle you are endangering others, and that is moraly reprehensible.
In CA if you have an accident at such speeds and someone is injured you can be charged with a felony, and rightly so.

If you're NOT driving 80 MPH and you have a heart attack, a tire blowout, failed brakes, you'll still have a serious problem. I saw a Volvo wagon flip end over end after a tire blew out while it was going about 50 MPH.

If, as RP88 said, the other motorists were already doing 80 MPH, the only dangerous and reckless person will be the one going the speed limit: 55 MPH. At least 17 states have a "speed of traffic" clause. Unfortunately, RP happened to be the gazelle that got picked off by the lioness.


On top of that driving is not a constitutional right.

According to that logic, neither is getting married, Zoogster. As it is, that ancient document you reference was not intended to enumerate all the rights with which your Creator endowed you. That is part of the reason that Madison did not want to put them into the Constitution to begin with. He believed (as you prove) that if they were to enumerate any rights, people would begin to think that they were the only rights they had.

But then, the Constitution has been eviscerated by the idea of "incorporation" and by every other person who either doesn't understand what it was intended (and failed) to do, or doesn't care about what words were written on it anyway.

Does the Constitution "protect" your right to get married or own a firearm, Zoog? No. It just sits there as a decrepit and muddied doormat. Like a lottery ticket without any winning numbers, it's something people just forget about. And they might as well. It won't help anyone who doesn't care about it, and it won't prevent any politicians from accomplishing their ends by violating it. (Cf. Lincoln, F.D.R., Teddy Roosevelt, George W. Bush, etc.)

-Sans Authoritas
 
Guys, a little over a year ago I got issued a summons for Reckless Driving 84/65 along I85 38 miles north of the NC/VA border. I got that down to speeding.

Midemeanor Reckless does not affect the purchasing or carrying of firearms in VA.

Felony Reckless can only occur if there is an injury as a result.

Misdemeanor DUI does affect carrying in that you cannot have a CCW for the next 3 years, but it does not affect purchasing.

The fines that Reckless/DUI bring in VA right now are the reason you cannot afford to skip a lawyer. Get a lawyer, a decent one can get it down to speeding, a great one can get it to a non-criminal non-moving violation with a good record. My lawyer cost 275 bucks. Check out what the difference in fees between 9 over and reckless is, it's quite a bit more.
 
did 12 months county for a reckless that spanned 95 between king street and quantico. 1000 dollar fine that was in 81. was 97 before i drove legally again. was not my first offense not even first that week.
in 81 you did 248 days to kill 12 months county time
 
okay, I think we can stop arguing over this. Despite what you guys and myself think on the case, it doesnt matter. I got a bogus ticket under a bunch of abusive rules and thats all there is to it. Just be glad if you live somewhere else (or envious if you wish your state had similar laws).

I am getting a consult next week and have a fair idea on my best-case and worst-case scenarios financially and legally.

Thanks for the input, especially RC, for the PMs of advice and wish of luck.

sorry, but I wanna stop thinking about this for now. :p
 
If you're NOT driving 80 MPH and you have a heart attack, a tire blowout, failed brakes, you'll still have a serious problem. I saw a Volvo wagon flip end over end after a tire blew out while it was going about 50 MPH.
Yes someone could still get hurt or killed. However vehicle standards are usualy designed with those speeds in mind. So while an accident would still likely result, the severity or potential fatalities can be reduced if less metal is crunching, and the safety features of the vehicle come into play at the intended speeds for which they are tested.

If, as RP88 said, the other motorists were already doing 80 MPH, the only dangerous and reckless person will be the one going the speed limit: 55 MPH. At least 17 states have a "speed of traffic" clause. Unfortunately, RP happened to be the gazelle that got picked off by the lioness.
That does not apply to over the speed limit. That applies to people going under the speed limit by enough to impeed traffic which is going at or near the speed limit. Impeeding traffic that is going 20 miles over the speed limit is not a crime, and never has been, even if you are the only one on the road doing the speed limit. Even under the speed limit causing trouble is not necessarily a problem, it is called the speed LIMIT because it is the upper limit within a range you are supposed to drive, not the suggested speed.

According to that logic, neither is getting married, Zoogster. As it is, that ancient document you reference was not intended to enumerate all the rights with which your Creator endowed you. That is part of the reason that Madison did not want to put them into the Constitution to begin with. He believed (as you prove) that if they were to enumerate any rights, people would begin to think that they were the only rights they had.

But then, the Constitution has been eviscerated by the idea of "incorporation" and by every other person who either doesn't understand what it was intended (and failed) to do, or doesn't care about what words were written on it anyway.

Does the Constitution "protect" your right to get married or own a firearm, Zoog? No. It just sits there as a decrepit and muddied doormat. Like a lottery ticket without any winning numbers, it's something people just forget about. And they might as well. It won't help anyone who doesn't care about it, and it won't prevent any politicians from accomplishing their ends by violating it. (Cf. Lincoln, F.D.R., Teddy Roosevelt, George W. Bush, etc.)

Well that is true and unfortunate. However getting married is not a right under the law as it is. You need the state's official permission and a "wedding license" to have a legaly binding official marriage many places. So the example is flawed, but I understand your point.
Firearms however are a specified right, so thier ownership and possession is not supposed to be subject to "reasonable restrictions" even those we agree with. Vehicles however using public roads are not a right specificly granted, and I was only comparing them in my example, that irresponsible reckless behavior in one or the other resulting in injury or death through an inanimate object leaves one just as guilty.
Whether you fire a gun into the air in a reckless manner and justify it because "nobody got hurt" or shoot targets for sport near other people because " you are too good of a shot to miss" is just as bad. Yet people use such excuses to drive dangerously all the time. They are good enough to do it, can handle it, others do it all the time etc..
Yet the death toll from vehicles is higher than firearms every year, and the majority of deaths involving vehicles is accidental, contrasted with firearms, and firearms are are a right specificly mentioned in the constitution. You or your family members are more likely to die at the hands of some girl talking on her cell phone speeding on the road than from anyone victimizing you in a violent way.
So I mention it because firearms are an assured right, yet we all have very strict rules and codes of conduct governing thier acceptable use in spite of them being such a right, when they are statisticly much safer and less likely to harm someone on accident than a vehicle.
Yet numerous people make excuses for similar negligent actions in a vehicle because it is more widespread and acceptable behavior even while being just as dangerous simply because it is viewed as a mundane activity.

It is hypocrisy and highlights just how demonized guns are in comparison.
 
a bogus ticket? you didn't know there was a spped limit? or how fast you were going? that would be bogus. making a choice with known consequences then whining about the consequences now thats bogus
 
I was ticketed while breaking in my wifes car on our way to MT (from WA) for Christmas. I was doing 96 in a 70. I drive for a living and I got a Lawyer. I was put on probation for 6 months and it went away. That beat 3 years of watching over my shoulder. The Lawyer cost the same amount as the ticket that I didn't have to pay. What a happy day.
 
"Virginia's new traffic laws"

These aren't new laws. I've been driving in VA since 1966. There have always been 15 to 20 ways to get a reckless driving ticket, including driving 80+.

The only thing they've added recently are the extra-large fines to fund highway construction.

John
 
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