Speeding charge: reckless or not?

Kinja'd!!! "Jagvar" (Jagvar)
07/22/2015 at 18:19 • Filed to: None

Kinja'd!!!1 Kinja'd!!! 26

Update: I found this little tidbit here:

You can verify what type of traffic ticket you received in two ways. 1) You can view your traffic court case file online and see whether it says “speeding” or “reckless driving by speed.” 2) You can look at your Virginia Uniform Summons (the yellow ticket you received from the police). If, in the note section of the summons it says 46.2-862 or 46.2-852, you are charged with reckless driving, if it says 46.2-870, 871, 872, 873, 874, 876, 878, 878.1, 878.2 or 881, then you are charged with speeding. If neither one of these options helps you determine what you are charged with, contact a local traffic attorney.

Reckless Driving by speed and Speeding are basically the same offense in Virginia, but the punishments are very different. Reckless driving is a criminal offense which may involve jail time, probation, license suspension, and a much steeper fine. To learn more about reckless driving click here.

Mine falls in the latter category. Speeding.

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On the Fourth of July, I got pulled over for doing 76 mph on a 55 mph interstate in Virginia (yes, the worst possible state in which to get busted for speeding). In Virginia, anything 20 mph over the posted limit can be charged as reckless driving. However, on the ticket under “Charge,” the officer only wrote “Speeding 76/55.”

I called and consulted with an attorney who said, “It sounds like the officer is giving you a break and just charging you with speeding, not reckless. You really don’t need to hire an attorney for this. You can pay your ticket, and you’ll get six points.”

Despite the attorney’s reassurance, I’m still worried. For some reason, I thought anything 20+ over resulted in an automatic reckless driving charge in VA. Can any of you Jalops with legal knowledge weigh in? I don’t take this kind of stuff lightly!


DISCUSSION (26)


Kinja'd!!! Chuck 2(O=[][]=O)2 > Jagvar
07/22/2015 at 18:23

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Holy fuck, 6 points????? Don’t they take your license for that many. I’m so sorry. Even if 20 over is reckless, no one died. That’s what I hate. They make it seem like going 15+ over the speed limit makes you a murderer.


Kinja'd!!! Sampsonite24-Earth's Least Likeliest Hero > Jagvar
07/22/2015 at 18:25

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I am so glad I live in a state that doesn’t use the points system


Kinja'd!!! Jagvar > Chuck 2(O=[][]=O)2
07/22/2015 at 18:25

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I believe you need 18 points in VA for a suspension.


Kinja'd!!! HammerheadFistpunch > Jagvar
07/22/2015 at 18:25

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A charge is a charge. If you weren’t charged with reckless driving, you weren’t charged. A judge could see it differently, but I don’t think you will be charged.


Kinja'd!!! macanamera > Jagvar
07/22/2015 at 18:26

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Speeding in VA noooooooooooooooooooooooo


Kinja'd!!! Jagvar > HammerheadFistpunch
07/22/2015 at 18:27

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I’m planning to avoid traffic court altogether and pay the ticket by mail. I’ve been to Virginia traffic court before. Never again, if I can help it.


Kinja'd!!! nFamousCJ - Keeper of Stringbean, Gengars and a Deezul > Jagvar
07/22/2015 at 18:28

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Oh VA... Yeah you actually got off lucky. Normally they would throw reckless at you and in some cases license suspension/community service/etc.

Take the speeding. I got busted in Camden NC for 75 in 55 (they had a 75 mph speed zone... It just degraded to 55) .. trooper said it *should* have been reckless but was only a speeding and said I could pay it online.

Needless to say I showed up 4 weeks later in slacks, button down and tie with a copy of my relatively clean driving record in hand. They dropped it down to fault equipment so I paid my court fees and was out the door. I’m sure it helped I was the only one not wear flannel/jeans and threatening the judge with bodily harm. No kidding I was literally asked if I was an attorney whilst I was walking out (even if I was I wouldn’t have represented 6 tooth crazy ass McGee)


Kinja'd!!! this is not matt farah's foxbodymiata > Chuck 2(O=[][]=O)2
07/22/2015 at 18:28

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Especially since middle of the day traffic flow is routinely 15 or more over on some major roads, at least around here. I often feel I have to speed just to avoid getting rear ended/shot in a road rage incident.


Kinja'd!!! dogisbadob > Jagvar
07/22/2015 at 18:28

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Do you live in VA or another state?

Is the ticket marked “court appearance required?” Or are you able to just pay the ticket? VA reckless is criminal, so court appearance is required. But regular speeding tickets usually don’t require going to court.

And of course, some places are more (or less) strict than others, and don’t forget that it also varies by each individual officer/prosecutor/judge/etc.


Kinja'd!!! BReLp7dzHM3ytYsE > Jagvar
07/22/2015 at 18:30

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Can’t say I have a ton of real knowledge on this, but I did have a similar experience. October last year, I was driving from Nashville to Mississippi State. I decided not to take the boring route (65S to 82W), so I took some backroads, most of which had the 55 mph speed limit. Day was going great, hadn’t seen any cops at all and I had seen very few people on the backroads, and even less traveling in the same direction as I was. So on straight stretches I was getting up to 75-80. Right before I got into Mississippi, however, I ran out of luck. I was doing about 80 or so coming around a slight bend that led to a straightaway, which paralleled some railroad tracks. There was a train. At the crossing, there was an Alabama State Trooper Tahoe sitting in the turn lane facing me, waiting for the train to pass so he could turn left. Needless to say, he nailed me. I slowed down, but not enough. I rolled past him, but I saw him pull a U-turn in my rear view and turn his lights on, so I pulled off in the grass and waited for him. Long story short, dude wasn't a dick and gave me a ticket for 74 in a 55, which we both knew was very generous, cause it was probably somewhere close to 80. It was still a $200 ticket though.


Kinja'd!!! McMike > Jagvar
07/22/2015 at 18:30

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I think it’s 18 over a certain amount of time. It used to be a time/points ratio when I was always one ticket away from suspension.

I think those points of your will drop off in two years from conviction date. Go take the all-day Saturday “defensive driving course,” I think that may still put a few back on your record.

Shit, you may already have three points in your favor if you have kept your nose clean for three years in a row.

/FromMemory

/LikeDistantMemory

/Like1988

/CheckYourLocalDMVtoConfirm


Kinja'd!!! Jagvar > macanamera
07/22/2015 at 18:31

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I actually had my license suspended two years ago. At the time, I worked in Herndon, which was speed trap central. I got three speeding tickets in a year. One for going 15 over, and two for going 10 over. That was enough to lose my license for 60 days...not to mention the hundreds in court fees, court-ordered driver training fees, and license reinstatement fees.


Kinja'd!!! Chuck 2(O=[][]=O)2 > this is not matt farah's foxbodymiata
07/22/2015 at 18:32

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Speed limits CAN be too low, but no one wants to realize that. My mother, just yesterday, told me that driving slower never gets you in an accident. SMH


Kinja'd!!! Chuck 2(O=[][]=O)2 > Jagvar
07/22/2015 at 18:33

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Ahh, maybe I should know these things. At least I was underestimating instead of over.


Kinja'd!!! Jagvar > dogisbadob
07/22/2015 at 18:36

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The box is checked that says I can avoid coming to court if I pay the ticket by mail. So, I think I’m good? Yes?


Kinja'd!!! Jagvar > dogisbadob
07/22/2015 at 18:37

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Oh yes, I do live in VA, by the way.


Kinja'd!!! nermal > Jagvar
07/22/2015 at 18:38

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It’s VA, you’re probably going to Federal Pound-Me-In-The-Ass Prison.

Sorry!

Kinja'd!!!


Kinja'd!!! jkm7680 > Jagvar
07/22/2015 at 18:39

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Fuckin Virginia. I was headed out to Haymarket last week, saw at least five Troopers waiting for speeders. Fairfax also started sending motorcycle units onto the interstates for some reason.


Kinja'd!!! dogisbadob > Jagvar
07/22/2015 at 18:43

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Yes, then you’re good. And in that case, just pay it.


Kinja'd!!! Steve in Manhattan > Jagvar
07/22/2015 at 18:47

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I think if he’d wanted to give you a break, he’d have written you up for 74. Pay the ticket and keep your head low.

If I’m correct, radar detectors are illegal in VA (as well as CT and DC). Shame.


Kinja'd!!! Jagvar > jkm7680
07/22/2015 at 18:49

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Yeah, this happened in Fairfax. :(


Kinja'd!!! jkm7680 > Jagvar
07/22/2015 at 18:51

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Ah, Fairfax PD confuses me sometimes.

A Pathfinder passed me doing around 70 in a 35. Fairfax CVPI was sitting at a red light across the intersection, didn’t do anything at all.


Kinja'd!!! jvirgs drives a Subaru > Jagvar
07/22/2015 at 19:10

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who would have thought that getting 6 points on your license would be considered getting off easy........ God I hate Virginia driving laws.


Kinja'd!!! TheOnelectronic > Chuck 2(O=[][]=O)2
07/22/2015 at 19:52

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In fact, if you go so slow as to stop, and in fact never leave your garage, your chances of an accident are almost zero!


Kinja'd!!! Conan > Jagvar
07/22/2015 at 21:06

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It’s 2o over. They can savage you and say it is if they so choose. Virginia sucks. Keep it on back roads/the track.


Kinja'd!!! ciscokidinsf > Jagvar
07/27/2015 at 12:00

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A few years ago, the weekend I chipped my 1st Phaeton to 360HP and removed the limiter, I was driving from SF to SanJo around 3am, reached an easy 125MPH, (I was alone in 4-way highway for a stretch) and then reduced to 85... when a cop pulled me. I was going to shit my pants if he got me at 125MPH... thankfully he had me at 88...(The flux capacitor didn’t kick in) so I got to be lucky that time. But yes, the DC/Maryland/Virginia area is one big fucking traffic ticket trap. I used to live there too.