Virginia's new traffic laws and guns?

[RexKwonDo]

I'm going to try to get out of it by hoping:
-the judge is lenient to me for my 'good' record

You have another infraction 11 months ago, I wouldn't consider that a good record. I've been driving for over 9 years and have only had 1 speeding ticket 8 years ago.

-getting my car calibrated and hoping it's off so that I can get it dropped to 'defective equipment' instead

Speedometers are almost always off, but unfortunately it's in the other direction. If you were clocked at 85 I would guess your speedometer would have said around 91.

Also as for getting a lawyer, they're not that expensive for this. Here (Washington) you can hire a lawyer for $300 and they almost always beat the ticket and they work on contingency. This is for speeding though, not reckless driving. Unfortunately I don't know how they do it, but I do personally know two people who have had multiple successes with this (my boss has a couple Corvettes and three sports bikes, my coworker has a Pontiac GTO), and also my boss's brother.

And other than "keeping up with traffic" not being much of a legal excuse, I also find it very hard to believe. I've never seen the bulk of traffic move faster than 75 (keep in mind speedometers would read 80), driving in Washington, Texas, and Colorado.

 

[Ozarks]

Bargaining

Also, would anyone know how much a simple consult with a lawyer on the pretense of 'acquiring information' would cost?

Generally, the first consult should be free. Fees for representation will be mentioned.

You could talk with the prosecutor and see if they would go for a lesser charge, say simple speeding. Maybe even a non-moving violation if you get one in a good mood (what I got, the last time). If they won't reduce to something more acceptable to you, just say thanks, and leave. Then you can interview attorneys. Or...

The first court appearance is just an arraignment where you plead guilty or not guilty, or ask "can I go to traffic school on this?" If the answer is "NO" ask about a lesser charge. You might get referred to the prosecutor at this time. If you still can't reach an agreement, you can still plead not guilty.

Be prepared to make bail!

You can then contact the attorney you liked...

 

[ryanl]

Dont even think of going to court without a lawyer. Even if it costs 500 dollars or more. You know what six points on your license will cost in insurance premiums alone? Not to mention fines. Do some research and find a good lawyer. I have one in NC that handles my stuff. 4 speeding tickets, 2 driving without an operators license and 1 dwi within a year. I have no points on my license and have plead guilty to 2 charges of improper equipment. Which are no points and carry a $25 fine. Without a good lawyer your going to get screwed. As far as money goes, if you cant pay all the money up front to the lawyer, as long as you retain them. Most will continue the case until they are paid in full.

 

[Prince Yamato]

generally you won't lose your RKBA for a traffic ticket. Don't freak out, just pay your fine. Also, as a rule of thumb, try not to exceed 10mph over the speed limit. Suck it up, pay the ticket.

 

[clemsonu0219]

is this your first offense?

 

[clemsonu0219]

If it is not, i bet the DA will let you plea it down

 

[brickeyee]

"The first court appearance is just an arraignment..."

Virginia does not handle traffic cases that way.
You will be tried at the first appearance absent a reason to grant a continuance.
Not having a lawyer and saying you are trying to get one will work once.
If you then do not show with a lawyer the judges can get pretty pissed.

 

[RP88]

I had a positive record up until this. Whether its dropped to speeding or not, this will put me in demerit. I've been told that I'll be 'okay' since I have a good record and no criminal background at all, but that I should expect to fork over a good deal of cash either way. I'm more worried about the points right now, but I guess I can take another safety class (gotta research on when I'm able to again). After it's said and done, then there will be insurance...

also, it's a first appearance-only trial. The only time I go back is if I appeal from what I've been told.

 

[Vang]

What part of the country do you people live in where going 20 over on a highway is treated as a serious matter? I was recently pulled over for ~65 in a 25 and the cop was on my side in knocking it down to 5 over, which doesn't carry any points. The judge had no problem with this settlement. I seriously can't imagine a place in which people are imprisoned for 77 in a 55 as steveracer suggested.

You could argue that I was being reckless, but I would also argue that it was the middle of the night, the only other car on the road was the cop who was hiding on a side street with his lights off, and I posed no danger to myself or others. And certainly our original poster here was not in any way "reckless."

 

[Tribal]

1. Take a driver education course before you go to court.
2. See if you can work something out with the DA. Time in court costs money, and he might be willing to let you off with something like 14-over if you can spare him the court time.
3. Be willing to appeal. Cops aren't always as willing to show for an appellate hearing over a traffic matter.
4. Don't argue with the judge, and don't point out that cops routinely speed but don't arrest each other like they do us proles.

 

[Vang]

I don't know Virginia law, but I do not think it prudent to take a driving course before they trial. The only reason such a course would be relevant to anyone is if it is a condition of a plea bargain imposed either by the judge or the ADA (or whoever's prosecuting the case). Of course you should hire a lawyer and ask him his advice on the matter and take it, but I don't think he'll advise you to take a driving course prior to trial.

 

[45Badger]

Can you plead by mail and just pay a fine? This worked for me once-

I was young
I screwed up
I'm sorry
I won't do it again

If you are authentic in that, don't have a history of idiotic driving, and you were polite to the officer you'll probably be fine.

 

[RP88]

No I cant. I have to show up, or get lucky to get a lawyer to work something out before the trial with the prosecutor, judge, or maybe the cop.

I'm getting my car calibrated tomorrow just out of the off-chance that it MAY be in my favor, then going to see a lawyer that I was referred to.

 

[outofbattery]

I find it rediculous that with traffic moving at 75mph, 5 mph over that is reckless.That means there are a whole bunch of people at the barest edge of control:rolleyes

Every time I go south to visit my mom,I have to constantly remind my right foot that VA troopers aren't anything close to as lenient as MA ones and what passes as the normal flow of traffic on the pike is a court date in her neck of the woods.

 

[chris in va]

then I have hefty additional fines to worry about more than I do about anything else

Pretty sure they did away with the 'abuser fees', so standard reckless applies.

Don't bother with the calibration thing. It'll just entertain the judge. Go in there, impress on the judge you're very sorry for the infraction and more than likely he'll reduce it somehow. Do NOT come up with an excuse. "I'm sorry your Honor, it was a bad decision to speed like that, it won't happen again." You're wasting money by getting a lawyer. I know, my friend is going through this right now.

BTW reckless is over 80mph in VA.

 

[nicki]

Speeding tickets.

Traffic issues are things that effect everyone who drives a car.

There is a driver rights organization, the national motorist association.

I don't have an issue with traffic laws and their enforcement for legitimate public safety concerns.

I do have issues with using traffic fines for revenue enhancement.

If bureacrats had their way, they would have hidden speed cameras to send you speeding tickets in the mail just like they do in Europe.

Imagine if the national 55mph was brought back, think global warming, then a Fed mandate tellling states that if they don't enact and enforce such policies that Fed funds will be witheld.

When Montana had open limits, the average speed was around for most drivers was around 75 to 80mph. Most of us probably drive depending on traffic between 65 to 90 mph.

There is a big difference in how traffic viiolations are treated.

In California, if I got pulled over for doing 90mph, I would get cited, and move on my way. Wouldn't be a cheap ticket, but would only cost me 1 point.

In Virginia, I would go to jail.

If I use traffic school for first viiolation, I could potentially get 5 tickets in one year before losing my license in Ca.

In Virginia, if you get a 2nd ticket in one year, you lose your license.

Traffic laws vary alot. Some states assess no points for speeding, others allow you some over the limit.

Most opposition to ccw comes from police agencies who claim that ccw would endanger police officer safety.

I have a gut feeling that the real issue isn't officer safety, it is revenue enhancement.

Traffic stops are where most cops are killed and considering that some agencies are inviolved in what I call "legal highway robbery", I wouldn't be surprised if some agencies really don't like people legally carrying guns.

Perhaps we need to get involved in other areas like traffic reform. It would allow us to reach out to more people.

The big push for speed enforcement by the way is coming from Insurance companies and companies pushing photo radar systems.

 

[Sans Authoritas]

I'd just like to take this opportunity to commend Tribal for using the term "proles" in such a magnificent sentence. : )

-Sans Authoritas

 

[rc109a]

I have served enough time in the court in which you will be going to. There are a lot of people who get reckless driving. I only seen the ones with other violations such as accidents or others go to jail. You can request a public defender. You can play on the mercy of the court. You can also take the courses that others are talking about. If it is your first they usually cut you a break. That will be your decision. the best thing I have seen was a speedometer caibration. If it is true your odometer was off the judge will reduce it appropriately. It will not piss him off like other say. The judges on that bench are actually pretty good people and do not go out of their way to make your life hard. As far as the officer showing up, the deputies better show up or they could loose their job. The state guys are almost always there. They usually have a binder full of traffic violations that they are conducting that day. Where in Yorktown did you get hit? You have a choice to make and I wish you the best of luck.

 

[Bubbles]

Virginia Abuser Fees

The Virginia Abuser Fees are still in force. Even if the General Assembly had passed the bill to repeal them during this session, the law would not take effect until July 1 of this year.

To the OP: you're looking at thousands of dollars in civil fees on top of any DMV fees, according to the Civil Fee Schedule. A lawyer would cost you less than the civil fees, DMV fees, and increased insurance costs over the next few years.

 

[SWMAN]

If you were going 90 mph or more in Fairfax County, you are going to jail.

Really??? I thought that was the average speed around here, especially in snow and ice.?

 

[cyclist]

making my record +1

Jumping in late here.
Are you certain you are +1 now? I thought the points system was accumulative and could not go positive in your favor. If it can go in your favor then a person should be able to accumulate extra good points, then they could just go drag race until they run out of points.

Don't know, just curious.

 

[RP88]

from how I understand it, we have safe-driving points (+1 per year of no tickets, or up to +5 for certain classes, but you cant go higher than +5). They counter demerit points (-12 in a year or -18 in two years = automatic loss of license in Virginia). Because of this, there (I think) are time requirements before I can take another safety class. Either that, or that they just improve my record and it does not really matter all too much if I get major infractions like this again. Either way, the violations are still on my record, even if I take a 100 classes. Doesnt mean that next time they may also go as easy as they may on me for this, nor does it mean that they still cant suspend or revoke me. Just means that my insurance premiums may not catch it since I'll be in good standing (they didnt catch the last one, but that was a minor infraction of course). I'll get all the details soon enough.

 

[Beatnik]

I'd like to personally thank those who beat me to the punch and got the idea out there that the "speed kills" nonsense has to stop.

I'll make a million dollar bet that you got pulled over at a low-traffic time in an area which is wall-to-wall cars doing 75-85 twice a day. If it was really that dangerous, they'd be pulling people over during rush hour, where there is arguably an actual danger.

But they can't, because if they did that and everyone in Virginia was late to work every single day, we'd revolt and have the laws changed ASAP, just like we did with the abusive driver fees. They know exactly how far they can get with this highway tax system, and safety doesn't enter the equation.

I wouldn't worry about points: I've had 12 at one point. I admit that I Winston Smithed when it comes to driving. It's not the fact that there's a baby on board now, it's the fact that I need money to feed that baby.

Back on-topic, despite my checkered past, I've never had a problem buying anything, and I got my CHP last year. I never had reckless, though.

If you're looking at $2500 in fines, get a lawyer, I don't think it'll cost a lot more than that.

 

[K3]

I was going 85 in Yorktown area.

If it's a class 1 misdemeanor, then I have hefty additional fines to worry about more than I do about anything else. I guess I can shelf the idea of getting another gun if this goes bad.

Correction. You were ACCUSED of going 85. No need to incriminate oneself on an internet board.

 

[ATAShooter]

Did he write you for just Reckless, or did he add " With disreguard for life, limb, and property". There is a difference in Va. I got the later, and spent 30 days in jail, 100 hrs community service, plus the fine and lawyer costs, and had my license suspended for a year. It still didn't mess with me as far as guns goes though.