Legal Question in Traffic Law in Virginia

Reckless driving in Virginia

I received a reckless driving ticket in Hanover, Virginia. I was on my way to Florida where I reside now with my 9yr old son. I truly wasn't watching my speed when I was pulled over. It was late (1am) and I was getting tired. My x had just given me custody of my son and my head hasn't been on straight. Left my job and my residence in Virginia because monetarily I couldn't support myself and him up there. I tried to explain to the officer that I wasn't paying attention and was extremely sorry. Wrote me for speed 92/65 zone. I have no priors on my record. What do I do? I don't have any money saved and can't leave my son alone.... Help?


Asked on 8/07/05, 12:44 am

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Reckless driving in Virginia

Regardless of the inconvenience, you need to

physically go there and show up for the court

date. This is a CRIME -- a misdemeanor -- that

you are being accused of. Virginia is way off

the deep end on this. But you have to recognize

that this is *NOT* a traffic ticket. This is

a CRIME you are being accused of. For the rest

of your life, you will have a misdemeanor on

your record. There is the potential for jail

time, the suspension of your license, etc. (Florida would probably copy the order and suspend your license in Florida as well.)

First, get a copy of your driving record proving

that you do not have any other tickets. This is

enormously important.

Second, if you have an old car, take it to a mechanic and have him check your speedomoter. IF your speedomoter is inaccurate, you can use this to help you in court.

Third, whether alone or with an attorney, go up to the prosecutor before court starts and show your perfect driving record, explain you did not know, and ask for a plea of "improper driving" which is less serious.

Frankly, because you were (ALLEGEDLY) going 92, it may be very hard to get the ticket knocked down to a lesser charge. However, if you do these things, the consequences will probably be only a fine.

BE SURE to emphasize that the speed limit was

65, over and over. 92 sounds very bad if the

speed was 55. It is not so bad from a 65 MPH

speed limit.

However, any speed over 80 is "reckless driving" in Virginia.

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Answered on 8/07/05, 10:22 am


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