Ok, so I was going down to my family's place in central va tonite to visit before I move up to NJ. In the middle of nowhere in Buckingham VA I get pulled over by a cop. I was doing 60-61 and he said he got me doing 69. He said he was pulled off to the side of the road but he acutally passed me driving and then turned around to pull me over. This area is very hilly and curvy roads so I dont know how he could have "got me doing 69". When I asked for a calibration on his radar he said "I do that at the end of my shift and you can pick it up at court". Then he asked if I had any drugs/weapons in the car and proceded to search the car because I asked for a calibration. Is it worth it to get a lawyer or is this more small town bullshit and Im going to get scewed either way?

 

hehe in VA it's different. If the cop doesn't make it to court it will get knocked down most likely or even taken away. However court costs will apply regardless. They don't screw around in VA. All stories about guages being off and oh I didn't realize how fast i was going, have been heard over and over and over. It all depends on the judge that day and how he or she feels.

This is traffic court there was no one there to discuss anything. What happens is they ask everyone to stand up who is pleading guilty and one by one they get some words from the judge and how much to pay and/or what will happen as far as classes community service, suspension etc.

Those who are not guilty are on their own and go after those that are guilty are done. sometimes its before it all depends on the judge. There is no legal counsel for you there its traffic court. Although you can bring your own hehe.

Goodluck

 

The officer is not required to show you his calibration. That is for "Safety" reasons. However you can request copies of his testing for that shift. I would reccomend a lawyer. Keep in mind that without one requesting his proof , calibration and report can be tricky. That will cost you , but not as much as points on your insuurance will over 3 years. As mentioned the DA will always look to work the case to a lower charge. Its all about court costs and fines etc..... If however you can show a miscalibration on his equipment you will walk.

 

I agree with above.....

Money talks and bulshit walks.....

Check with your ins company and ask what their policy is one tickets.
EG: Allstate gives you the first ticket as a freebee , and i think Geico looks at your complete history before they raise your rates.......

If your Ins company will let it slide then just pay it....

Jay
1984 FB

 

Yeah, only problem here (and the reason Im probably just going to pay is)
Small Town
Small Town Cop
Small Town Judge
Small Town Lawyers

= Im screwed

What I am going to do is write a letter(s) to the town board/mayor/etc stating what happened and let them know that I will do my best to discourage anyone from visting the area and will never (ever) speak one word of praise about comming to Central VA. What these jackasses dont realize is that by having these ****-esqe police tactics they make alot of people not want to come visit the area and lose out on any tourism money.

 

You are right, small town law enforcement is hard to deal with. Now unless you do your studying and you want to waste more time and probably more money with a lawyer, dont even bother with it.

But its up to you, i mean a speeding ticket, thats points.

 

Neal, you're in a tough spot. 69 in a 55 isn't that bad really...it's not a reckless. So that's #1 to keep in mind. You're not facing jailtime or license suspension, but you ARE facing 4 points and prob a $250 fine.

Being that it's in hickville, you gotta weigh whether or not it's worth fighting. I personally make it a policy to try in ALL cases. Needless to say, the smaller the town, the slimmer the chances in VA. This wasn't in the I-85 Corridor, was it? B/c that's a targeted enforcement area, which means that cops and judges alike are not very likely to give you ANY wiggle room.

Having said that, I'll assume you'll wanna give it a shot and fight it anyway. Now you gotta ask yourself...what's my driving record look like? Don't wonder, don't guess. Go to the DMV (I recommend the Fair Oaks DMV Express...shortest wait time, in Fair Oaks Mall, lower level, right next to the mall entrance of JC Penny's). Ask 'em for a full (personal) copy of your record (11 years). Based on that you can plan your strategy (or see if you have one at all). If you have + or 0 points, and/or haven't had any tickets in VA for a few years, I'd say you're in good standing. You need to call up the Clerk's Office in hickville, and ask them if the Prosecutor will speak to defendants directly, or if a lawyer is required. In fact, you need to FIRST ask if there IS a Prosecutor for traffic cases, b/c in many small towns, the Prosecutor doesn't even show up for small time offenses. So find those two out. If both are positive, there's your angle. You wanna show up an hour early (minimum), catch the Prosecutor, speak to him, tell him the situation, show him your driving record as proof, and see if he would knock it down to Speeding 1 - 9 (at the least), or better yet Improper Driving. Both carry 3 points on your license, but a Speeding ticket will always cost you more on insurance than Improper Driving.

Moreover, you should listen closely to what the Judge has to say before he begins the hearings. Many judges will allow you to take Driver's Improvement Class (I recommend www.drivinguniversity.com, done online, at your own pace, for like $50), and upon successful completion of the course (within usually 4 or so months of the court date), they'll drop down your minor speeding ticket (1 - 19 over) to a "Defective Equipment" or other minor charge. That's your BEST bet. That's a no-point violation Just pay and go!

Prob is, if there isn't a Prosecutor, or he's an ***, or the Judge is tough, or your record sucks, or any combination of the above, you're SOL. In which case, I'd STRONGLY suggest you call up Jim Devita, and tell him Ramy sent you. Make an appointment, go into his office w/ the ticket and your driving record. He'll tell you off the bat what he can do for you, and what your chances are. That's free. If he's confident he can get it dropped, it may be well worth your money to retain him - he charges a flat fee of $500, which is VERY reasonable. Only prob is, if the court case is in hicksville, that means he's gotta travel a bit, so he may hit you up for more, considering that one case will take up all his day.

I've used him MANY times, all for reckless driving tickets, and they've all been reduced significantly (I'm still driving, aren't I? haha) or thrown out.

James De Vita
2111 Wilson Boulevard
Suite 700
Arlington, Virginia 22201
(703) 351-5015
http://www.devitalaw.com/

So in short, you gotta do your homework and find out what you have, and what you're up against...then to what length you're willing to go w/ the consequences in mind. That's a decision that only you can make. All I know is, NOTHING is as bad as an at-fault accident or speeding ticket on your insurance, and insurance premiums last FOREVER.

~Ramy

 

man Im gonna call that lawyer DC has me in a damn loop and VA wont let me go until DC lets me go.. Its like the damn 3 stooges.

 

Yeah, I have close to a perfect driving record. I got pulled in another small town in VA (go figure) 3 years ago for "failure to stop" but that is it in 10+ years. This is the first time speed has been an issue.

 

You shouldn't have a prob getting it reduced by talking to the Prosecutor (if available) or the Judge (if he had his morning coffee). Lawyer ensures success, b/c sometimes the Prosecutor/Judge blows off individual ppl...

 

yeah, the main problem is comming down for it. By the time of the ticket I will already be working up in NJ... so its a day off, lawyer fees and travel fees...sheesh

 

just pay it and learn a lesson. it will save you time and money.

 

lesson- dont drive on back roads in hicktown va.. the cops can do anything they want and will

I think Im going to find the officers address and sign him up for the NAMBLA mailing list (kidding)

 

Sorry Neil. If it makes you feel any better I got a speeding ticket tonight on my way home from VIR. 74 in a 65. B F D.
Oh and the cop asked if my car was running rich!!! I said it's probably just the race fuel...hahahahahah


Good luck...I hate VA cops

 

they gave you a ticket for 9 over??? ok, now I dont feel so bad lol

pat- btw----- I still have that strut bar lol

 

You ever heard the term:" You can't take a **** without someone knowing what color it is ? "

Well... its a small town so honestly it's really not worth going all out and stirring up **** over something so miniscule. If you bad mouth the town or threaten to do just that the word will get around and you may just find yourself in more trouble than you would have initially imagined.

You are only one person and no one famous enough to adversely impact this small po' dunk town. So just let it go... next time dont drive thru that town... or make sure you take it really slow.

In Miami we have a municipality known as Miami Springs and it is rough like what you experienced. I for the grace of God have not been pulled over in the 21 years that i have lived in South Florida... God has truly favoured me.

Dont mudsling them... its not worth it... just let it die..Just humble yourself and let it go.

Remember the movie: "My Cousin Vinny "

There will always be one bad apple in the bunch.. one rotten egg to make foul the omelette... it is not your fault .. just forgive them and let it go.

 

Neal, there's something that I read in the Cali statutes that I've never had the time to check on here in VA. In Cali, you have the right to arrange for a hearing in the municipality closest to you, if the ticket is very far from your residence. Ask around and see if that is possible in VA. Bigger city, better judge (I suggest Arlington County), better chances, and a shorter drive.

Damn Pat. 9 over. That's freakin GARBAGE. I've never ever heard of those kinda tickets, unless they're in school zones or something. Wut the hell. He obviously had nothing better to do... If you wanna give it a shot, I'd go to M&M Collision, w/ your track rims on (so you can make sure your speedo's calibration is off), and have $50 cash w/ you to get your speedo calibrated. They're the only shop I know of in the area that gives you a notorized calibration sheet, which is admissable (and hence taken seriously) in court.

M & M Collision Corporation
3165 Campbell Drive
Fairfax, VA 22031
703-591-9601

THEN, go to court and ask for the Officer's calibration sheets. If he fails to provide them, then motion to have the case thrown out, since the Commonwealth would have failed to establish a prima facie case (http://en.wikipedia.org/wiki/Prima_facia). If he DOES have the calibration sheets, see by how much the radar gun is off by. They're almost always off by 1 - 5 miles. So lets say your speedo was off by 5mph (at least...my FB with stock wheels but taller tires is off by 4mph haha), and the calibration was +/- 4 mph, you've pretty much proved that you were doing everything within your power to remain under the legal speed limit, and hopefully you can get off.

If you still get stuck, at least the Judge will drop the fees, or ask him to take driver's improvement (as I mentioned earlier) in exchange for reducing the ticket to a non-motion violation, since it's a very minor charge as it is.

It's not one or two bad apples...it's this whole friggin rotten state. VA cops are the absolute WORST, w/ the Fairfax County cops being the WORST OF THE WORST. You ain't seen NOTHING 'till you've come to Fairfax County lol. And to top it off, the Judges are corrupt too...

~Ramy

PS: My Disclaimer: This isn't legal advice, as I'm not a lawyer. Just friendly advice from my experience

 

well I was pulling off of base last night in Norfolf onto dam neck rd. I pulled out of the gate and ran the fd though 2nd and then coasted down. All the sudden cop comes out of no where and says he clocked me at 78 in a 45. I really don't think my fd can do 78 in second but whatever. I am going back to New Orleans friday, but now I have a court date on may 22. I asked the cop if I could just pay the fine. He said no because it was 33 mph over. O well, lesson learned.... va cops are hardcore. hahahaa

any advice would be nice,
thanks,
-josh

 

Josh, I'm pretty sure I've seen 80mph at the top of 2nd. I forget what 1st tops out at, and 3rd tops out at 105, fourth at 140. So yea, unfortunately, the cop's right if you topped 2nd... =-/

Advice...given your age, GET A LAWYER, even if your license is spotless. The reason you can't pay that ticket is b/c it's considered Reckless Driving, which is a Class I Misdemeanor. It's as bad as a DUI in the Commonwealth of Virginia. You're looking at a few days in jail, and losing your driving privaledges in VA for a few months. And yes, even on a first offense. So I HIGHLY suggest you get a laywer, or you can be spending a few days after your court date in the local jail...

~Ramy

 

hehe you might get a suspended license in VA for 6 months and about a $600 dollar fine...seriously. My cuz did that same thing and thats what he got hehe he's a squid. Oh and about 10 days in jail.

I was stationed at the intel center NMITC. for about 3 years then I got out. What were you there for? Damn to be caught on damneck is bad man I only got tickets on the highways hehe. VA doesn't **** around at all. I went in uniform with my gunny and still got it raw then my colonel went and still got a nice fine and driving school hehe.

My cuz skipped the jail because he always said he was out at sea. So they gave him a nice *** fine.

SUCK IT UP it'll buff out LOL

 

Good advice, but I just don't have the time nor do I really care. I'll pay the stupid thing.

Ramy, did you get in the Feed tow hooks yet?

 

I thought Virginia is for lovers ... isnt that the slogan ?

 

Yeah they love to issue tickets

 

and they loooooooooooove imports

import = pulled over = they get you for every possible ticket

especially fairfax... hell, you might even get your car towed there...

 

U might ask for probation.
U can say " I don't think I was speeding but, I was watching the road- not my speedometer. I don't have any tickets and ask that a 6 month probation to prove my apreciation of traffic laws."

That ought to work. if u don't speed anymore.