Legal Question in Traffic Law in Virginia

81 mph in a 55 mph zone and Reckless Driving ticket.

I was pulled over for speeding. 81 in a 55. I was given a ticket and told that a reckless driving charge is automatically applied at this overage. I have no other moving violations on my record. I need to know the options I have to handle this.

Can I write a letter to the DA in VA that would be handling this case? My hope would be to have the violation lowered to something with no points and no record. I would be wiling to pay the fine. This is possible in other states, I just don't know anything about Virginia.

Assuming I can't do this, what is the next action I should take? I do not want to return to VA for this court date. Would I have to? The problem is magnified by the fact that I am only 28 and really don't have the money to retain a lawyer.

And suggestions would be great. Thanks all-


Asked on 12/13/04, 10:39 am

3 Answers from Attorneys
Jerril J. Krowen Law Offices of Jerril J. Krowen

Re: 81 mph in a 55 mph zone and Reckless Driving ticket.

Kindly contact my office in order to discuss this matter in further detail at 781-231-5200.

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Answered on 12/13/04, 11:01 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 81 mph in a 55 mph zone and Reckless Driving ticket.

You will need to appear personally for this jailable offense, preferably with an attorney.

(Writing a letter will not do.)If you cannot afford to retain counsel, you can request that the general district court appoint one to represent you.

If for some reason you arrive at court on the day your case is scheduled for trial without an attorney, you could approach the prosecutor(assistant commonwealth attorney) assigned to your case, explain any mitigating circumstances which might credibly apply to your case, and then offer to plead guilty to a lesser offense such as the traffic infraction known as Improper Driving.

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Answered on 12/13/04, 11:08 am
Jonathon Moseley Jonathon A. Moseley

Re: 81 mph in a 55 mph zone and Reckless Driving ticket.

Reckless driving is very serious and is easy to get in Virginia. Virginia is becoming like a national speed trap for people driving through on I-95. Reckless driving is a crime. It will be on your record as a crime. Therefore, it is worth taking it very seriously. A little extra time and money now could pay off for years to come. It is punishable by up to a year in jail. However, if your record is good, it would most likely result in merely a fine and possibly some jail time "suspended." But it would be far better to get it reduced.

Reckless driving applies when you are going 20 miles over the posted speed OR over 80. You were going significantly over 75 (55+20), so I think you really need to have a local lawyer who is experienced in that sort of work.

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Answered on 12/14/04, 5:09 pm


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