bsavage

Well,

I got my reckless driving reduced to a speeding ticket by the Fairfax County Judge. Everyone else there that morning didn't get any leniency from the court (no reduction, 300 dollar fine and 50 dollar court fee). Which of course also probably means $500 more every 6-months in insurance if your insurance company finds out.

Best I can figure, here are the two things that were different from everyone else with a reckless that didn't get off:

1) I dressed in a suit and followed what the balaiff said exactly (i.e. I announced my presence to the judge, walked up quickly, kept my hands out of my pockets, and announced clearly my plea). You wouldn't beleive what other people in the court were doing, it's like they completely ignored the balaiff - most didn't even announce their presence before walking to the podium.

2) I had +2 on my driving record and was only going 78 in a 55 for my reckless.

Thing is, for most people, after they announced their plea and he heard their excuse, the judge would then ask for the driving record. For me though, he immediately asked for the driving record. I didn't say anything but "I'm guilty." So I'm pretty sure because of 1), he already had it in his mind to reduce the ticket because I actually did what I was told.

Another thing, reckless is no joke in fairfax. Anyone going above 80 was getting reemed. He probably told 3 people while I was there that they could either get a continuance and get a lawyer, or they were going to jail immediatly. I'm not joking.

Those below 80, the fine was immediate (except me), but nothing else. It's really when you get to 80 that things start to get serious.

Just wanted to spread the word.

Brian.

brian2004

iTrader: (1)

What are you saying,did you get points ?Even if the judge doesn't say you got points you can still get them.78 in a 55 will still get you about 3 points here in md.Clarify maybe i missed something. Oh not wishing bad luck or anything.

pdjafari

iTrader: (2)

brian speeding is normally 3 points. however if ur in speeding in excess of 10mph over the limit its 4 pts here in VA. if your over <10mph than its 3pts...10-14 = 4 pts.... 15mph> and its reckless.

bsavage

Unless you're in a 25 mph zone, reckless is > 20 mph over speed limit or at any speed greater that 80 mph (in virginia). At least that's what the DMV in virginia says (goto website). I was traveling 23 mpg over the speed limit and was issued a reckless by speeding ticket. The judged reduced it to simple speeding. I think the points deducted is still 6 (or something like that), but the point was is it isn't a reckless on my record, which from talking to my insurance company is a HUGE increase in premiums (500ish per 6 months).

Hope this clairifies ;-).

Brian.

cSc

Quoted from the Code of Virginia:

46.2-852 - Reckless driving, general rule
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

46.2-862 - Exceeding speed limit
A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit where the applicable speed limit is thirty miles per hour or less, (ii) at a speed of sixty miles per hour or more where the applicable maximum speed limit is thirty-five miles per hour, (iii) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limits where the applicable maximum speed limit is forty miles per hour or more, or (iv) in excess of eighty miles per hour regardless of the applicable maximum speed limit.


-852 in my opinion allows the officer to say whatever they want to make it seem like someone is "reckless". Too much left up to interpretation. *shrug*

--cSc

cSc

Another thing to note--

I remember when I got my first 2 reckless about 2 years ago.

I was doing 60 in a 40 (GW parkway coming into DC before Key Bridge) and 75 in a 55 (Route 66 West near Route 28).

In the first case, it was taken to US District Courthouse in Alexandria, since GW parkway is federal ground. Luckily, my gf had the exact same officer stop her for reckless about a month before on the parkway. So I knew that the usual deal was to show up, talk with the assistant prosecutor, and they just remove the reckless charge and just keep the speeding.

For Route 66, I tried to argue that I was pulled over right in front of a 65 speedlimit sign and tried to argue 65 in a 75. They only reduced the reckless and kept the 15+. *sigh*



Memories....

Hooman6MT

it's over 100 in California

I got a 90+ in a 45 zone and it wasn't reckless...1 point speeding.

cSc

*sigh*

Should I move? Gotta wonder, when I live in one of only 2 "states" where radar detectors are illegal. Bah.

--cSc