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Virginia Reckless Driving Ticket

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Old 09-18-04, 11:13 PM
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Virginia Reckless Driving Ticket

I decided to come to my dad's house 112 miles north of my home in Greensboro, NC, my dad lives in Goode outside Lynchburg, VA. I went over 100 for like half the trip sometimes going 120 and I think 130 on this downhill with a tail wind. After going through Danville and then Chatham I was going like 120mph at Altavista and this Impala rolls out of no where from behind me. I have a Limited Provisional Liscense of North Carolina, and i'm only 16. He said he clocked me at 108mph 2 miles back, but he wrote 115 in a 55 on the ticket. He told me I was under arrest and put the handcuffs on me, but never read me my rights (could this be a way out??). Of course he never did arrest me...he was going to get my car towed since he thought I blew my engine because a lot of smoke came out from under it after I stopped the engine, but he put me in the custody of my friend who only has his permit. He didn't take my liscense, but my court date is November 10. I plan on getting a lawyer and getting a written notice reporting my speedometer doesn't work from my tech friend. I hear that the first time offense is supposed to be a little easier on me. What do you guys think I should do? Do you think that I can atleast drop from 115 to like 75mph or something? I think i've learned my lesson now, how much do you think this will cost? Thanks guys. Also I got like 14miles per gallon. Quarter tank of gas in 112 miles at 110mph.

Last edited by therotaryrocket; 09-18-04 at 11:28 PM.
Old 09-18-04, 11:27 PM
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Get a lawyer,.....

Yeah right, like you couldn't tell you were wayyyyyyyyyyyyyyyyyyy over the speed limit because your speedometer doesn't work.

Get a lawyer,....
Old 09-18-04, 11:29 PM
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you'd have a better chance saying the throttle got stuck.. If i'm gonna speed, i do it in the daytime.. At night the police hide all over the place, so i go no more than 5, maybe 10 over the limit..
Old 09-18-04, 11:41 PM
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I did it during the daytime and checked every car I passed but VA has some VASCAR crap or something plus I think he was hiding behind this construction bulldozer thingy.
Old 09-19-04, 12:15 AM
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isint it entrapment if the cop isint in plain sight?
i know in washington a cop can not hide behind things and then bust you, and at night if they are parked in a dark parkinglot they have to have their running lights on at least
Old 09-19-04, 12:31 AM
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Let me tell you from experiance. Get a good laywer. I lived in Lynchburg Va for 8 years and the judges dont play and the District atny for the area is a real *****. Get a really good laywer. I belive that Goode is part of Bedford Co. So you will be dealing with really money hungry ******
Old 09-19-04, 12:36 AM
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Originally Posted by Gregs
isint it entrapment if the cop isint in plain sight?
i know in washington a cop can not hide behind things and then bust you, and at night if they are parked in a dark parkinglot they have to have their running lights on at least
That is very subjective in Virginia. Lets put it this way. I have lived in Maryland, PA , AZ and now Washington. I have had 8 speeding tickets. All but one came from Virginia. Lynchburg is even worse. The have 4 outbacks in plain white with no visable markings as well as a silver 5.0 mustang and a vett. They love to hide. And and tag you
Old 09-19-04, 12:38 AM
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Where did you get hit. was it after two bridges on 460? that is one of thier favs
Old 09-19-04, 01:47 AM
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I'll be going to Pittsylvania in Danville, can you tell me some lawyer names and maybe estimated costs? I wonder if the entrapment thing or faulty equipment will work. Thanks for your help, give me some more if you can.
Old 09-19-04, 01:58 AM
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Entrapment wont fly in VA. He will just say that he was in plain sight wich leaves you with the burden of proof. Trust me, they will believe the cop over you every time. The faulty equipment one wont fly at that speed. that will prolly be considered reckless endangerment. no amount of "my **** didnt work) will get you out of that. Without a good laywer, you will be looking at age 18 b4 you see a license again if not some jail time as well ( not sure on that one). I am not sure of a good laywer right off hand in Danville. My brother still lives in Lynchburg so I will give him a call tomorrow and ask him if he knows of one.
Old 09-19-04, 02:22 AM
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What I think you should do is not drive so damn fast. lol
Seriously, tho. Cops dont have to mirandize you when they arrest, only when they interrogate. Besides, you`re a minor. You should get a lawyer and try to lessen the stress. If the charge is just speeding then maybe you should just pay the fine and hope insurance doesnt find out. Him saying 108 and writing 115 is significant, I think.
Telling the court, "oh my speedo was broke" might just **** them off. If it was me, I`d be insulted and find you guilty right there.
If it`s something like reckless driving then try and do what you can to fight it, but damn.. 110+mph in a 55 zone for like, what, half an hour?? Sounds like you were asking for it.
Old 09-19-04, 03:10 AM
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I doubt there's much difference between 108 and 115 in a judge's eyes so what he told you might not matter much. I don't think using that as a technicality will work to get out of the situation. How fast is considered wreckless in that state? If 108 is still wreckless, then it obviously wouldn't matter at all.
Old 09-19-04, 03:17 AM
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What I mean by 108 vs 115 is that the cop didn`t write what the radar said. He just rounded up. (Which is unusual, I think) Could be that the "reckless speed limit" on the books there is 115, in which case, it could be significant. Also, it`s a descrepency in the main evidence pointing to his guilt, so if it can be refuted then he may have a chance at beating it.
Then again, I`m not a lawyer and definitely don`t know the laws in his area, so...
Just tryin to help the kid out. :-)
Old 09-19-04, 03:58 AM
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Where were you when I was a kid??? I hope it all goes well...
Old 09-19-04, 04:02 AM
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Originally Posted by jayroc
What I mean by 108 vs 115 is that the cop didn`t write what the radar said. He just rounded up. (Which is unusual, I think)
rounding up from 108 would be 110 not 115
Old 09-19-04, 07:14 AM
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20 above the limit or 80 MPH, whichever is lower is reckless... Ask me how I know...

At 90 MPH they have the right to cuff you and tow your car. Ask my room mate how he knows.

Doubling the speed limit, I've heard is considered "Driving with intent to kill" which ranks up with attempted murder... I don't know anyone who'd been busted for that one though...

The speedometer busted move will NOT work at that speed... I was barely able to slide out of it at 15 MPH over... (70 in a 55) And that was because it was a borrowed vehicle and there was no other traffic on the road. I also had to have the old speedometer cable examined by the court, and have a receipt for the cable, replacement of the cable, and have a signed, notarized statement from the certified mechanic indicating his credentials, experience, and that he replaced the cable because the old cable was faulty.

As stated before. You need a lawyer. Hopefully this is your first offense and you'll be able to plea bargain it.
Old 09-19-04, 07:57 AM
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Get a lawyer and expect to pay about $350 - $500. You'll probably get out of it with a "good" lawyer; especially, as said above, that it's your first offence.
You will probably have a couple points on your insurance, though, that will make your insurance rates go up for three years.
Old 09-19-04, 08:08 AM
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Man you definitely need to get a lawyer who knows his stuff... I cannot help there as I don't know any down there. Good luck and I'm glad to hear you learned your lesson too bad it had to be that way. At least no one was hurt.

Toxic_d

Last edited by toxic_d; 09-19-04 at 08:12 AM.
Old 09-19-04, 08:10 AM
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Originally Posted by Gregs
rounding up from 108 would be 110 not 115
He means rounding up the the next level of offence...

Toxic_d
Old 09-19-04, 09:03 AM
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I think you need to get a laywer. Why would you be driving that fast without a real driver's liscense anyway. That's just setting yourself up to be really screwed over later.

Hope everything works out okay though.
Old 09-19-04, 11:34 AM
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On the whole 108 or 115 thing, it's insignificant. He said he clocked you at 108, that's why he gave chase. Then by your own account you were traveling about 120 when the Impala rolled out behind you. So your "about 120" very well may have been 115 on his certified speedometer as he "paced" you just before you slowed down. Paceing is a legal method for police to judge your speed. That's one of the few ways I've been ticketed since obtaining a Valentine One.

I say you're guilty as sin, quit trying to find a way out of it because it's not going to happen. You will have to get a good lawyer (bring a wheelbarrel full of cash) to keep the damages as low as possible. You are very young and naive, you should be thinking of damage control not how to escape the consequinces of your actions.

You've got two Dads, well I hope at least one of them has the ***** to kick your a$$ and take that car away from you before they have to bury you or watch you rot in prison for killing innocent people with your insanely fast driving on public roads. I'm a lifelong speeder who's done the same stupid crap as you and all I'm saying is I was wrong and I hope you realize that you are also. There's no reset button on your life, you fug it up and it stays fugged up.

For your own sake I hope you loose your license for a few years because you're not ready for one. You don't accept responsibility or even take it seriously.

Vernon
Old 09-19-04, 11:48 AM
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Rule #1 of Speeding: Never go more then 20 over.

Rule #2 of Speeding: If youg o twice the speed limit, bring lots of vasalene and prepaire to be **** raped by the court system

Rule #3 of Speeding: If you get nailed, accept the consequinces of your actions.

Oh, and I didn't follow my own rules until I got hit for a $120 ticket for 25 over in a construction zone (100mph in a 75 zone in ma pickup). Luckily I saw the cop coming the other way on the Interstate, saw him flip around in the median and just pulled over and waited. Therefore he chose to ignore those construction signs i had passed about a quarter mile back.

And if you do get off with just a fine and a slap on the wrist, I really do hope that one of your parents decides to take that vehicle away. 120 in a 55 is just ******* stoopid. In some ways i hope the courts make an example of you, in other ways i hope you get off with just a fine. But either way, you just better learn a lesson from this one.

~Sup
Old 09-19-04, 12:35 PM
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i definantly learned the lesson, I just want a way to keep this from following me my whole life. I understand how dangerous it is to go that fast, but the highest speed limit in Virginia is 55mph so it might not be as dangerous as you think. I'm sure the judge will think it's just as dangerous, do you think if my passenger testifies that he was hiding it will help any? I got to talk to a lawyer, one that knows his laws. Things could be worse...atleast he didn't see my 2/97 inspection sticker, atleast I didn't wreck. I think next time I'll go to VIR or just resist the need for speed, now I realize that it doesn't outweigh the chances i'm taking. How could I be so stupid?? I just want to get another chance, even if it does cost me $300-400 dollars.
Old 09-19-04, 01:55 PM
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Well its most likely going to cost more than $400 dollars much more, try $500 for the lawyer, then probably another $500 or so in fines and court costs, you may recieve jail time, I almost did for 88 in a 50, the guy in court before me did 91 in a 50 and spent 5 days in jail as well as losing his liscence for a year.

but good luck and I hope you learned your leason
Old 09-19-04, 02:16 PM
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You're not a Virginia resident [are you?], so this changes things a lot. They won't be as worried about keeping you off the road [probably won't ask for jail time or anything severe like that], but they'll want more money. Lots more. They also won't cut you any slack. At all. Expect the maximum possible fine, plus extra costs, plus trouble in your home state [depending on the laws there].

Get a lawyer. [or two, one for each state].

From google searc:

the NC DMV can suspend the driver's license of any North Carolina operator if they are convicted of an offense in another state, which if committed in North Carolina would be grounds for suspension or revocation of their license.

Last edited by bouis; 09-19-04 at 02:25 PM.


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