Legal Question in DUI Law in Virginia

Sir, i was caught speeding by a policeman on the parking lot were there are cars for sale. the grocery is just at the side. i am with my wife that time when the police stop me just 100 meters from the stop sign. the police officer was so rude yelling at me saying i was running 40kph on 15kph zone and he many witnesses i was speeding. i softly ask the officer what was my violation, he start getting angry and ask me to give my license and my car papers. so without arguing i gave him what he asked. he went back to his patrol car and stayed there for an hour talking to his celphone. then he came back and gave me a ticket. he stated in the ticket speed 40kph on 15kph and not stoping at "STOP" sign he gave me 2 tickets actually. he ask me to sign those ticket and i told him i will sign but i have to ask something so i ask him if he has a gun to prove my speed, the police officer doesnt know what to answer then he said i dont have a radar but i can see from sight how fast you run and ive been on this job for 10 yrs. he got angry and even threaten me that he will file WRECKLESS DRIVING insted. then my wife ask the police officer if she can step out to go to the toilet nearby the grocery the officer shouted at my wife and told her to just down inside the car. my wife did not say anything. i sign the ticket and told the officer if he can put their in the ticket that he doesnt have any radar and he did. i went to court and contest it but the judge revoke my license for a year and even ask me to sell or junk my car. my wife just had a baby and i drive to work everyday and my children to school bus station. i read the articles and checked on the law about this i have read WRECKLESS DRIVING has its own phase in that article and speed driving has too. i did not hurt anyone or harm anybody, the summon in my paper is not whats in my ticket. my ticket says speed driving and failure to stop at the stop sign i did not see WRECKLESS DRIVING there. how could they not know how to interpret the law they made. could you please help me on this? i dont belive i am that careless driver. i have never had ticket speeding or failure to obey trafic laws. i dont drink i dont smoke i am a good person.


Asked on 11/02/10, 4:04 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Appears from the scenario described that you may have talked yourself into a reckless driving charge which in the Commonwealth is a criminal offense (Class 1 misdemeanor). And, then, apparently, you further compounded the situation by appearing in court without an attorney to represent you and apparently ended up being convicted on this charge and with your license revoked as a consequence---

apparently, all of this arising out of some "vehicular horseplay", one might say, on your part in a parking lot.

If 10 days have not yet elapsed since the judge's ruling in the general district

(traffic) court, you should immediately appeal it to the circuit court, requesting

a trial de novo and get a lawyer this time to represent you. However, if more than

10 days have already elapsed, then you would appear to be stuck with the consequences of your mistakes in the way you've handled this matter, beginning when you first entered this parking lot and ending when you "went to court to contest it"(all by your lonesome).

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Answered on 11/07/10, 7:49 am


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