Legal Question in Traffic Law in Virginia

Proof of speeding

I was traveling 54 in a 45 speed zone. An officer stopped me and said I was speeding, asked and rec'd my lic. and reg. When he came back he said he was charging me with reckless. He clocked me going 65 in a 45. I said, no way, and I asked him to show me. He said he is not required to record or show me his clocking. My mom said that maybe he paced me with his car, but I don't think so as it was around 11 in the evening. I'm going to court over this, and I saw on the code of Virginia that he was supposed to show me the radar when I asked. Doesn't he have to have proof? If there was no radar, is it going to be my word against his in court? What can I expect in court?


Asked on 3/29/05, 9:57 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Proof of speeding

You had better go to court over this, because "reckless driving" is a CRIME, not a traffic ticket, punishable by up to ONE YEAR IN JAIL (although no one gets more than a few days, if any). It would involve a CRIME on your record.

You should obtain a paper copy of your driving record from the DMV. If you have a good driving record, this will help you enormously.

Ideally, you should hire an attorney to help you.

However, in any case, go to court EARLY and seek

out the prosecutor. If your case gets called

before you have had a chance to talk to the

prosecutor, tell the judge that you've been

trying to find the prosecutor to discuss this

but haven't gotten to talk to him yet, and the

judge will "pass" your case until later.

Then tell the prosecutor you will plead to

speeding (a traffic ticket and fine only) but

there is no way you were going 65 and you would

fight any charge of reckless driving.

Read more
Answered on 3/30/05, 6:47 am


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