Question bout my ticket
04-24-2007, 09:12 PM
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Question bout my ticket
As some of u kno I got a ticket for 78 in a 55. I got reckless driving and speeding. Now my questions... I heard you cant get reckless driving AND speeding.. is that true? My points will transfer correct? And I found this.. is true?
Thanks
On interstates in Virginia, a speed of 66 to 80 mph is considered speeding. At 81 mph and above, it is reckless driving and can be punished by a maximum punishment of up to 12 months in jail and/or a maximum fine of $2,500 plus the possible suspension of a driver’s license, not to mention the insurance ramifications of a conviction.
In the case of general reckless driving, the prosecutor must prove that the driver drove at a speed or in a manner so as to endanger life, limb, or property of another; or that the driver disregarded the consequences of his actions and displayed an indifference to the safety of life, limb, or property. The action must be intentional on the part of the driver. The mere occurrence of an accident does not prove reckless driving.
Last edited by r0csfinest; 04-24-2007 at 09:18 PM.
04-24-2007, 09:36 PM
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Claiming that the officer mistook your car for another car. With so many similar looking late-model cars, it is very possible that a cop could see a speeding car, lose sight of it around a corner, and then wrongly pick out your car further down the road.
Also I was researching about how I can obtain the officers notes before going to court. Does anyone kno how I do that exactly?
04-24-2007, 11:04 PM
#5
I don't know about where you are located but here in Florida we have ticket attorneys. Mine has gotten me out of 7 tickets so far no fine no points and in one I even caused an accident. Try and get an attorney they file to get all the paper work from the department ex. certification, update on training of officer with equipment. What it all boils down to is if one paper is not given to the attorney they have to dismiss the ticket.
04-24-2007, 11:22 PM
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Hope this helps.
These are two separate charges. I assume the cop charged you under § 46.2-862 which makes driving more than 20 mph over the speed limit per se reckless.
The other charge I assume is § 46.2-852 and is broader. This section makes driving a vehicle on a highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property.
The difference is what evidence the Commonwealth must produce to establish the crime. Under § 46.2-862 the Commonwealth must establish speed. Usually by radar or a pace. However, in your case, the officer had travel much faster than you to catch you. Therefore, he probably cannot establish a pace. Although, he may have hit you with radar at some point. Without evidence of your speed there can be no conviction under § 46.2-862.
However, under § 46.2-852 the Commonwealth can convict without evidence of speed. They need to establish that your driving endangered something. Normally by the cop’s oral testimony and any incriminating statements you made to him. Hopefully you kept your statements to a minimum. In my experience, 90% of my clients hang themselves by trying to plead their case to the officer.
Every one reading this please KEEP YOUR MOUTHS SHUT, be courteous and respectful and keep your hands visible. If a night stop, turn on your interior lights.
The evidence has to be more than “speculation and conjecture.” In my opinion, the cop’s testimony that a vehicle passed by at such a high rate of speed that he had to accelerate to 120 mph to catch you is probably sufficient.
Although who is to say that the car that was really speeding did not make a quick exit and the cop mistook that mystery G as you?
Normally § 19.2-294 prevents prosecution under two statutes for one distinct act. This means that if the officer’s only evidence under § 46.2-852 is your excessive speed this should prevent you from being convicted of both.
Unfortunately, there is case law stating that “conviction for speeding, even if premised on an underlying act that may have warranted a conviction for reckless driving, does not implicate the bar of the statute.”
In summary, let’s say you were weaving in and out of traffic while traveling more than 20 mph over the speed limit. The speed, if proved, could be charged under § 46.2-862 and the weaving could be charged under § 46.2-852. This would result in two distinct charges
The other charge I assume is § 46.2-852 and is broader. This section makes driving a vehicle on a highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property.
The difference is what evidence the Commonwealth must produce to establish the crime. Under § 46.2-862 the Commonwealth must establish speed. Usually by radar or a pace. However, in your case, the officer had travel much faster than you to catch you. Therefore, he probably cannot establish a pace. Although, he may have hit you with radar at some point. Without evidence of your speed there can be no conviction under § 46.2-862.
However, under § 46.2-852 the Commonwealth can convict without evidence of speed. They need to establish that your driving endangered something. Normally by the cop’s oral testimony and any incriminating statements you made to him. Hopefully you kept your statements to a minimum. In my experience, 90% of my clients hang themselves by trying to plead their case to the officer.
Every one reading this please KEEP YOUR MOUTHS SHUT, be courteous and respectful and keep your hands visible. If a night stop, turn on your interior lights.
The evidence has to be more than “speculation and conjecture.” In my opinion, the cop’s testimony that a vehicle passed by at such a high rate of speed that he had to accelerate to 120 mph to catch you is probably sufficient.
Although who is to say that the car that was really speeding did not make a quick exit and the cop mistook that mystery G as you?
Normally § 19.2-294 prevents prosecution under two statutes for one distinct act. This means that if the officer’s only evidence under § 46.2-852 is your excessive speed this should prevent you from being convicted of both.
Unfortunately, there is case law stating that “conviction for speeding, even if premised on an underlying act that may have warranted a conviction for reckless driving, does not implicate the bar of the statute.”
In summary, let’s say you were weaving in and out of traffic while traveling more than 20 mph over the speed limit. The speed, if proved, could be charged under § 46.2-862 and the weaving could be charged under § 46.2-852. This would result in two distinct charges
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04-25-2007, 11:18 AM
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Originally Posted by r0csfinest
As some of u kno I got a ticket for 78 in a 55. I got reckless driving and speeding. Now my questions... I heard you cant get reckless driving AND speeding.. is that true? My points will transfer correct? And I found this.. is true?
Thanks
Thanks
EDIT: Just talked to a friend who had same thing happen to him. Points DO NOT transfer, just insurance will go up.
Last edited by Ahujadaddy; 04-25-2007 at 12:47 PM. Reason: New information
04-25-2007, 12:08 PM
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Originally Posted by ResIpsa
These are two separate charges. I assume the cop charged you under § 46.2-862 which makes driving more than 20 mph over the speed limit per se reckless.
The other charge I assume is § 46.2-852 and is broader. This section makes driving a vehicle on a highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property.
The difference is what evidence the Commonwealth must produce to establish the crime. Under § 46.2-862 the Commonwealth must establish speed. Usually by radar or a pace. However, in your case, the officer had travel much faster than you to catch you. Therefore, he probably cannot establish a pace. Although, he may have hit you with radar at some point. Without evidence of your speed there can be no conviction under § 46.2-862.
However, under § 46.2-852 the Commonwealth can convict without evidence of speed. They need to establish that your driving endangered something. Normally by the cop’s oral testimony and any incriminating statements you made to him. Hopefully you kept your statements to a minimum. In my experience, 90% of my clients hang themselves by trying to plead their case to the officer.
Every one reading this please KEEP YOUR MOUTHS SHUT, be courteous and respectful and keep your hands visible. If a night stop, turn on your interior lights.
The evidence has to be more than “speculation and conjecture.” In my opinion, the cop’s testimony that a vehicle passed by at such a high rate of speed that he had to accelerate to 120 mph to catch you is probably sufficient.
Although who is to say that the car that was really speeding did not make a quick exit and the cop mistook that mystery G as you?
Normally § 19.2-294 prevents prosecution under two statutes for one distinct act. This means that if the officer’s only evidence under § 46.2-852 is your excessive speed this should prevent you from being convicted of both.
Unfortunately, there is case law stating that “conviction for speeding, even if premised on an underlying act that may have warranted a conviction for reckless driving, does not implicate the bar of the statute.”
In summary, let’s say you were weaving in and out of traffic while traveling more than 20 mph over the speed limit. The speed, if proved, could be charged under § 46.2-862 and the weaving could be charged under § 46.2-852. This would result in two distinct charges
The other charge I assume is § 46.2-852 and is broader. This section makes driving a vehicle on a highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property.
The difference is what evidence the Commonwealth must produce to establish the crime. Under § 46.2-862 the Commonwealth must establish speed. Usually by radar or a pace. However, in your case, the officer had travel much faster than you to catch you. Therefore, he probably cannot establish a pace. Although, he may have hit you with radar at some point. Without evidence of your speed there can be no conviction under § 46.2-862.
However, under § 46.2-852 the Commonwealth can convict without evidence of speed. They need to establish that your driving endangered something. Normally by the cop’s oral testimony and any incriminating statements you made to him. Hopefully you kept your statements to a minimum. In my experience, 90% of my clients hang themselves by trying to plead their case to the officer.
Every one reading this please KEEP YOUR MOUTHS SHUT, be courteous and respectful and keep your hands visible. If a night stop, turn on your interior lights.
The evidence has to be more than “speculation and conjecture.” In my opinion, the cop’s testimony that a vehicle passed by at such a high rate of speed that he had to accelerate to 120 mph to catch you is probably sufficient.
Although who is to say that the car that was really speeding did not make a quick exit and the cop mistook that mystery G as you?
Normally § 19.2-294 prevents prosecution under two statutes for one distinct act. This means that if the officer’s only evidence under § 46.2-852 is your excessive speed this should prevent you from being convicted of both.
Unfortunately, there is case law stating that “conviction for speeding, even if premised on an underlying act that may have warranted a conviction for reckless driving, does not implicate the bar of the statute.”
In summary, let’s say you were weaving in and out of traffic while traveling more than 20 mph over the speed limit. The speed, if proved, could be charged under § 46.2-862 and the weaving could be charged under § 46.2-852. This would result in two distinct charges
Two things you should do whether or not you get an attorney is take a VA driver improvement course (they're online) and get your car callibrated. The course will give you +5 points in VA and shows that you have taken the charges seriously and learned a lesson (if you go to trial). As for points, they do not transfer between VA and MD; however, you're MD driving record will reflect any infraction you received in VA (i.e., reckless driving, speeding 20+, or just speeding). Thus, your insurer will know and your rates may be affected.
Good luck.
04-25-2007, 01:43 PM
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Originally Posted by r0csfinest
Thanks for the help guys! Imma take the online course and then get an attorney. Ill keep yall updated!
if you want i can come in and say how he cop got held up behind me and couldnt pass, and that is why he had to go so fast to catch you. (which is the true, because he got caught behind me and a truck)
04-25-2007, 01:47 PM
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Originally Posted by Pratik
I was under the impression 20+ MPH above the speed limit is considered reckless? In fact I thought it may even be 15+ MPH above ? 
I think MD has different laws for what is reckless.
04-25-2007, 02:00 PM
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If points don't transfer but the infraction does and your insurance goes up, I don't see the difference? Isn't it just as bad either way? Also, does it matter if it's a local or state cop that pulled you over for the infraction to show up? A friend of mine got pulled over in VA beach by a local cop and said nothing transferred but when he got pulled over by a state trooper, it did.