Legal Question in Traffic Law in Virginia

Reckless ( 46.2-862) 88mph on 65mph on I-95N HOV Lane at 8:30am

I don't have any ticket for the last 2 years. I had some previous speeding tickets. I am asked to appear in court. How can I get away with this ticket or atleast get away with the reckelss ticket. It will increase my insurance.

Also, is it true that I have to pay every year for 3 years for this ticket, some new VA law?

Asked on 2/19/09, 3:14 pm

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Reckless ( 46.2-862) 88mph on 65mph on I-95N HOV Lane at 8:30am

I just wrote this to someone else. I do not know anything about paying every year for 3 years....

However, GET A LAWYER! Seriously. I do not always say that, and I am a believer in people doing what they can do for themselves (including because if you don't have the money, you don't have the money).

If you have to sell your television, your bed, and your socks, you will SAVE MONEY over the long run by trying to get this worked out.

88 / 55 is a CRIME in Virginia -- a misdemeanor.

Surprise! Remember all those billboards warning you that going over 80 or more than 20 over the posted speed is a crime in Virginia? You did not see them because there aren't any. Virginia does not warn people, to encourage safe driving, but this is a CRIME.

You will have a criminal record. It will affect your employment prospects, your insurance, and every aspect of your life for years to come. Some professional licenses will be denied to you.

You will almost certainly have your driving license suspended for 60 to 90 days. The cost right there of trying to get to work, etc. wil probably cost more than paying for an attorney.

You will probably be sentenced to 5 to 10 days in jail, but "suspended," meaning that you don't actually serve the time unless you get in trouble again.

If you screw up again, then they will REALLY throw the book at you, because you have a prior record.

So you need to: (1) Go to DMV and get a copy of your driving record. (2) If you have a score in the negative at all, try to sign up for a driver improvement school approved by DMV right away (go to to get some positive points.

(3) get your speedometer checked by a mechanic. (4) Get a lawyer in your area. They do not necessarily cost as much as you fear.

To choose a lawyer, try going (or sending a friend or wife) to the same court to WATCH the similar cases happening NOW (don't wait until your court date, obviously).

You will see lawyers there who do this sort of thing all the time. Watch for lawyers who have more than 1 case that morning. (It is possible that a lawyer is there who does not do it very often, but if he has many cases he is really familiar with this sort of thing.)

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Answered on 2/20/09, 12:51 pm

Michael McCarthy Guydon Love, LLP

Re: Reckless ( 46.2-862) 88mph on 65mph on I-95N HOV Lane at 8:30am

Depending on the conditions at the time you were pulled over (time of day, traffic volume, weather, etc.) you may have a very good chance of getting the charge amended. Give me a call or shoot me an email and we can discuss the matter in more detail.

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Answered on 2/19/09, 3:18 pm

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