Smyth, VA 92/70. Reckless Driving Ticket. (1 Viewer)

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I hope that wasn't a direct consequence of that ticket...
Quick answer then back to VA speeding tickets.

IIRC she told her girlfriends that visiting certain bars outside the Base was a great way to meet hot Marine men and she was caught doing just that one weekend when she said she wasn’t coming down from UNC for the weekend.
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asleeper

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Tactical option: Find out if Virginia has a reciprocal agreement with the State he has his DL with. If they don’t, one option is screw VA and never drive there again.

A Marine buddy of mine meet some gal going to UNC that was from some place out west. On a 96 weekend liberty he went to her hometown. Speeding back he got a 101 in a 55 because he didn’t notice it was a supposed work zone because nobody was working and no lights on or flashers. Only reason he didn’t go to jail that night was the LEO saw he was on active duty. His attorney found out the State didn’t have a reciprocal agreement with NC so he never went to court. Just can’t get a DL in that state or get stopped if he ever drives there. Broke up with the girl and he is an east coast guy so he figured screw it. He also doesn’t plan to ever drive OTR.

Not the best solution but could be a option if no reciprocal agreement between the two States.

Guess I better stop averaging high 90s or better speeds while in VA, but coming south on I-81 it is hard to stay under 120 coming down the mountains.
I was thinking the same thing, if the OP's home state doesn't have a reciprocal agreement with VA (and you don't plan on driving there again) give them the finger and screw it. Out of curiosity, I pulled up the docket for a few days in Smyth county and looked at the final dispositions for violations in the 90-100mph range. Only one resulted in a few days in jail (105 in a 70), the rest were just fines which in some cases were quite hefty.

If you factor in the cost of having to return to VA, paying a lawyer and then paying the fine, which will probably be in the $300-$500 range unless you are not guilty, it might be cheaper to just skip the court date and pay the fine. Even better if you live in a state that doesn't suspend your license for out of state violations or unpaid fines.

FYI........................the "reckless driving" bs was pushed through the Virginia legislature by high ranking, maybe leader (don't remember the specifics anymore) legislator, who's private practice law firm is the largest in the state defending..................wait for it....................traffic violations. Boss Hogg politics at its worst.
Corruption at its finest. Reminds me of a few years ago when I was in Mexico, with Mexico City being one of the first cities to regulate (ie: tax) Uber drivers. The legislator behind the law "coincidentally" owned a fleet of taxis. No conflict of interest there.....:hmm:
 

asleeper

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Have to be careful though on the reciprocity issue. Virginia is VERY aggressive in it's pursuit of revenue.
That's why I wouldn't do it unless I was absolutely sure about the reciprocity issue. Yes, Virginia will pursue you to the ends of the earth to collect every last dollar.
 

HackerPLEMC

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That's why I wouldn't do it unless I was absolutely sure about the reciprocity issue. Yes, Virginia will pursue you to the ends of the earth to collect every last dollar.
I hope we covered this enough that the person who got the ticket is at least well armed with how to approach it.

@ScvttH please let us know how this pans out. And please share how it was approached by counsel so we can learn more.
 
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asleeper

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I hope we covered this enough that the person who got the ticket is at least well armed with how to approach it.

@ScvttH please let us know how this pans out. And please share how it was approached by counsel so we can learn more.
Likewise, would like to know the outcome. Also appreciate @STS134's bringing up multiple avenues on how to fight back. While they may not help much in this instance, we need more people like you who are willing to fight tooth and nail.
 

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Likewise, would like to know the outcome. Also appreciate @STS134's bringing up multiple avenues on how to fight back. While they may not help much in this instance, we need more people like you who are willing to fight tooth and nail.
Yeah, it certainly was a healthy and helpful conversation.
 

poolmon

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So if you're caught in VA with CM's (including jammers) the max fine is $100?
A friend of mine was recently pulled over in VA. He had both an RD & Shifters. He was ticketed for the RD but not separately for the shifters. Don't know if the LEO saw the shifters or not, but in any event nothing was confiscated and his total fine came out to be right about $100. It's possible he could have been fined separately for the shifters but he was not. His friendly, talkative nature may have helped in that regard.
 

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A friend of mine was recently pulled over in VA. He had both an RD & Shifters. He was ticketed for the RD but not separately for the shifters. Don't know if the LEO saw the shifters or not, but in any event nothing was confiscated and his total fine came out to be right about $100. It's possible he could have been fined separately for the shifters but he was not. His friendly, talkative nature may have helped in that regard.
Talkative nature and LEO does not a good mix make.
 

asleeper

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A friend of mine was recently pulled over in VA. He had both an RD & Shifters. He was ticketed for the RD but not separately for the shifters. Don't know if the LEO saw the shifters or not, but in any event nothing was confiscated and his total fine came out to be right about $100. It's possible he could have been fined separately for the shifters but he was not. His friendly, talkative nature may have helped in that regard.
While they can confiscate your RD, it can only be done as evidence and must be returned after the court date. As such, most LEO's aren't going to bother and will usually just write the serial # of the RD on the ticket or in the case of remote systems take a picture of it. In regards to receiving a separate ticket for jammer and another for the RD, that's a good question. I believe technically it's possible although unlikely. Likewise, would an integrated system like Escort's shifters/RD or Netradar/ALP count as one or two systems? Interesting legal question although slightly off topic.
 

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In the late 80's a lot of the county po po were permitted to break into a vehicle to confiscate an RD. Henrico County was notorious for that. That practice didn't last very long though.
 

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This made me think about my buddy's dad. He got a 56/45 in Virginia and decided he would fight it in court himself. His argument....... there wasn't a speed limit sign right where he got on the highway. :rofl: Of course, he was found guilty. He claimed he was going to appeal it.
Did he present any affirmative evidence in favor of his argument? Like dashcam video showing no speed limit signs + a statute that states that the max is 56+ if not specifically stated? Because that's what I would expect would be required in this situation in any state or in any country even, not just in VA.
-- Double Post Merged: --
Likewise, would like to know the outcome. Also appreciate @STS134's bringing up multiple avenues on how to fight back. While they may not help much in this instance, we need more people like you who are willing to fight tooth and nail.
Look at it this way. Even if you're guilty as hell and have no defense, just go into court. At least it (1) Reduces the government's margins on the ticket because they have to pay the officer to be there, and (2) If during the officer's regular shift, it also means that the officer could not be out issuing more tickets while he's testifying against you. Either way, it hits their margins. They also have to pay the court officials to push papers and the Judge to rule in the case, etc. And that's the worst case scenario. Best case? Officer doesn't show and case gets dismissed.

I have gotten 6 tickets in my lifetime. 1 was dismissed before it went to court and 4 were dismissed in court. The 1 case I lost, I was ordered to pay the government around $350. But at least I cost them the maximum amount I could in order to get it. People who don't fight tickets drive me nuts. They're like batters who swing at the first pitch and ground out. Your at bat may ultimately end up making an out, but at least make the darn pitcher work to get that out!

Edit: I've gotten 7. But one is unresolved because I am in the process of fighting it. https://www.rdforum.org/index.php?threads/85659/
 
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poolmon

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While they can confiscate your RD, it can only be done as evidence and must be returned after the court date. As such, most LEO's aren't going to bother and will usually just write the serial # of the RD on the ticket or in the case of remote systems take a picture of it. In regards to receiving a separate ticket for jammer and another for the RD, that's a good question. I believe technically it's possible although unlikely. Likewise, would an integrated system like Escort's shifters/RD or Netradar/ALP count as one or two systems? Interesting legal question although slightly off topic.
Interesting question with the integrated RD/Shifter System vs two separate systems, and number of citations one could possibly receive.

The LEO told this friend that they used to confiscate the RDs but the RD community figured a way to fight back. The community members claimed their RD were lost or damaged while police custody and filed claims with the PD which the PD then was forced to address as a separate matter. It became too much of a hassle/liability to confiscate.
 

asleeper

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Did he present any affirmative evidence in favor of his argument? Like dashcam video showing no speed limit signs + a statute that states that the max is 56+ if not specifically stated? Because that's what I would expect would be required in this situation in any state or in any country even, not just in VA.
-- Double Post Merged: --


Look at it this way. Even if you're guilty as hell and have no defense, just go into court. At least it (1) Reduces the government's margins on the ticket because they have to pay the officer to be there, and (2) If during the officer's regular shift, it also means that the officer could not be out issuing more tickets while he's testifying against you. Either way, it hits their margins. They also have to pay the court officials to push papers and the Judge to rule in the case, etc. And that's the worst case scenario. Best case? Officer doesn't show and case gets dismissed.

I have gotten 6 tickets in my lifetime. 1 was dismissed before it went to court and 4 were dismissed in court. The 1 case I lost, I was ordered to pay the government around $350. But at least I cost them the maximum amount I could in order to get it. People who don't fight tickets drive me nuts. They're like batters who swing at the first pitch and ground out. Your at bat may ultimately end up making an out, but at least make the darn pitcher work to get that out!

Edit: I've gotten 7. But one is unresolved because I am in the process of fighting it. https://www.rdforum.org/index.php?threads/85659/
[/QUOTE]
I like your way of thinking and have taken most of my tickets to court. I didn't bother fighting most of the equipment violations though (tinted windows, no front tag, modified exhaust and an RD ticket).

In regards to moving violations I've had some success. Beat one speeding ticket, 67 in 55, got a reckless reduced to improper driving, a minor moving violation, and had a disregarding a traffic signal reduced to a "fix it" ticket with no points and a $60 fine. In the case of the last two, the LEO didn't show up to court and the judge wouldn't dismiss the charges. Granted they were partial victories as I didn't walk away scott free but in the case of the reckless, it could've been a lot worse.
 

ScvttH

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I wholeheartedly appreciate all the information and advice everyone has given in the thread, i'm sure it'll help him.

Also to make it clear in case anyone was thinking I was trying to maintain anonymity or avoid self incrimination, it really is my coworker lol. I may or may not have had an R3 that I would've used through VA, and put away when I was in towns so a cop would not see it at lights, several months ago when I might've been in VA, so I wouldn't be in this situation, and I wouldn't go 80 in such a crazy state. I've had ANOTHER friend who was ALSO caught going 92/93 in Virginia, and he might've gone to jail for a few days, he's kinda vague on details. But he moved back to NYC for a different job after, so I can only assume what had happened...

I hope we covered this enough that the person who got the ticket is at least well armed with how to approach it.

@ScvttH please let us know how this pans out. And please share how it was approached by counsel so we can learn more.

Absolutely. I'll give him all the information, he is hoping that he can have a traffic lawyer show up to court, and not have to go, but i'm not sure what is the best course of action as I haven't had a ticket in years and my tickets were when I was young so I plead guilty and never showed up.

Home state is NJ, which has signed the Driver's License Compact and Nonresident Violator Compact, so, no escaping this one. 2 points for any moving violations, regardless of speed, but they'll honor any license suspensions and such. Thankfully, (at least in my opinion) we have reasonable point values and speeding ticket amounts. Examples include: tailgating is 5 points, reckless driving is 5 points, 30mph+ is 5 points. Improperly passing a frozen dessert truck is 4 points, school bus 5. 6 points for a $150 fee, +$25 for any point over 6, and 12 on current is suspension.

Really unreasonable is NY, 11 is suspension, but 21-30 is 6 points and 30+ is 8. Leaving the scene of a property damage incident is 3 points...in nj that's 2, and if there's an injury, its 8....off topic back to the topic

I will show him this info. I won't go into detail about well, something but post #18. There may be repercussions.
 
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ScvttH

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Update! I talked to him today, and he had spoken to a lawyer of Smyth county who specializes in reckless driving. He has a clean record and the lawyer said that he should be able to get the criminal reckless driving charge (6 pts) down to a non-criminal improper driving (3 pts), if he does an 8 hour driving school which can be taken where he lives, and 20 hours of community service. There is a flat fee of $500, without needing to go back to VA. This is not including court fees. He has talked to one lawyer so far, but this seems to be promising.
 
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Update! I talked to him today, and he had spoken to a lawyer of Smyth county who specializes in reckless driving. He has a clean record and the lawyer said that he should be able to get the criminal reckless driving charge (6 pts) down to a non-criminal improper driving (3 pts), if he does an 8 hour driving school which can be taken where he lives, and 2 hours of community service. There is a flat fee of $500, without needing to go back to VA. This is not including court fees. He has talked to one lawyer so far, but this seems to be promising.
It's a step in the right direction!!! But man, the attorney fees, insurance bump, cost of class and time for community service still seems a bit steep. At least we now know, good Lord willing, this is the max he'll face. I'm sure the attorney chuckled at the place where he got some of his information. LOL.

Good new for sure!!!! Glad for your coworker.
 

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It's a step in the right direction!!! But man, the attorney fees, insurance bump, cost of class and time for community service still seems a bit steep. At least we now know, good Lord willing, this is the max he'll face. I'm sure the attorney chuckled at the place where he got some of his information. LOL.

Good new for sure!!!! Glad for your coworker.
Haha, yeah. The maximum fine is $2500, and suspension and jail and such, so its better than that, right?

Edit: 20 hours of community service, not 2
 
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There's a good chance he'll be able to get the reckless dropped to improper driving. That's probably the best possible outcome unless his attorney can find some technicality. Most likely he'll probably get a fine in $200-$500 range possible license suspension. As for community service, that's the first time I've heard of it for a reckless driving charge. But yes, the penalties could be much worse.
 

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