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Virginia Speeding Ticket - Need advice|
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Basic Training |
I got a ticket the other week in Virginia going through Emporia. I was going 84 in a 65 and was charged with reckless driving. I was in a government vehicle. I was pulled over at mile marker 2 on I-95. I honestly did not realize the change in speed limit but do realize that I should have seen the speed limit change and shouldn't have been going that fast. I intend to go to court in uniform.
Anyone have any suggestions as to whether to obtain a lawyer or not? I have a super clean driving record (it has been more than 10 years since I have had a ticket) and really am unsure as to how to handle this other than show up in court (the Emporia court system). I live in and have a license/insurance in NC. Thanks! |
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Basic Training |
For a speeding ticket, you shouldn't need a lawyer (though the advice of one is never a bad idea). Go to court in uniform, since you were in a gov't vehicle anyway, and be on your best behavior.
Just explain that you weren't aware of the speed change, but don't ever, EVER try to BS a judge. If you're lucky, you may get the charge reduced to just speeding. If not, take your lumps and move on. |
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Basic Training |
If your record is clean, you may be able to ask for a "probation before judgement" (pbj). This allows you to pay the fine, but get no points if you don't get any more tickets in a certain amount of time, maybe 6 months. I live in DE and had a pbj about a year and a half ago, and it worked out well for me. I say this, but I don't know VA's laws. Worth asking the judge about anyway, good luck.
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MacTheKnife |
Now THAT's funny! The speed limit changed from what, 85 to 65? Woooo Hoooo! Um, might want to rethink that line... How about: "Your honor, I got so used to driving in Iraq, trying to get away from IEDs, that I had a flashback as part of my Post Traumatic Stress Disorder." "Mack the Knife" CDR USN (Ret) Illegitimi non carborundum |
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"No good deed ever goes un-punished." |
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Member |
This wasn't a speed trap. If you've ever driven in VA before, you should anti****te this change in speed limit when crossing the border. NC has either a 75 or a 70 MPH max speed limit on the interstate (can't remember which) while VA has a 65 mph max. Mile marker 2 is just on the VA side of the border. In any event, the speed limit was still definitely NOT over 75 mph. So, basically, when you go in and talk to the judge and say "Your honor, I didn't notice the speed limit change" he's going to say "What? The 70/75 MPH speed limit that you were breaking instead of the 65 MPH speed limit?" Just be glad that speeding across state lines isn't a federal offense. Yet. |
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This is why we can't have nice things... |
I like this one! And if you admitted to the cop that you were speeding, you just admitted guilt, so taking that to court is asnine. And from a guy that owns one of the faster cars on the island, you don't want a ticket, don't speed AO1 |
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Navy Forums Little Sister |
You gotten number four yet, John? We've been giving my little sister crap for her little incident the other day. She says there was something in the road and she swerved to miss it. Ended up on the curb (8 inch curb mind you). Busted not one, but both tires on the passenger side. Still unsure of what may have been in the road. |
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Navy Forums Moderator and keeper of the cane |
Good, My wife isn't the only one who's does stupid crap behind the wheel. She matched your sister but the killer was they were three week old michelin tires. Now looking back at the original post, where in VA is there an 85 MPH speed limit?????? And with the luck of the OP the judge will have a daughter that was overly fond of a sailor, if you get my drift. USS Liberty, Never Forget. I believe in Murrays Law, he thought Murphy was an optimist. |
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Experienced Member |
be prepared to go into a boss hogge courtroom in that area.
about 6 years ago, i was doing 59 in a 55 and people were passing me...the little fuggin midget sheriff pulled my azz over and had me going 69. i know i wasn't cuz i had cruise control on so i went to court to argue it. BIG MISTAKE!...not only did i lose but they added court costs to the fine. this was in courtland,hwy 58, listed on the speedtrap sites. BTW, most of the people in court were in mil uniforms and ALL were doing 69 in a 55... |
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Navy Forums Moderator Nemo Me Impune Lacessit |
Twenty over or anything over 80 is automatically reckless driving in VA. If you have to appear in Emporia, best of luck to ya. They don't play down there.
You might want to talk to a lawyer. But I knew of a guy here in Northern VA who was written for 20 over and reckless driving. Hired a lawyer for like $800 and got it reduced to 10 over and had to pay a $200 fine. I don't get it. I mean, why not take the reckless driving and pay a $300 fine instead of the $800 for the lawyer. I know I didn't have the best GPA in math, but dayum, even I could figure that one out. |
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Experienced Member |
i could have mailed the fine in of 90+$$ but ended up with driving an unescessary 140 mile rd trip, 90$$ PLUS 40+$$ court costs.
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Navy Forums Moderator and keeper of the cane |
Insurance would go up higher with more points assigned for reckless driving than just a speed violation. USS Liberty, Never Forget. I believe in Murrays Law, he thought Murphy was an optimist. |
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Basic Training |
Agreed. That and from what I've seen, if the person lived in VA, it's a lot cheaper to pay $1000 total plus insurance than it is to pay some of the fines resulting from reckless driving. Luckily, I don't live in VA... Thanks y'all. If anyone has had an experience in Emporia such as mine, let me know your experience. BTW, I didn't admit guilt to the policeman. I also wasn't planning to use a "I didn't know the speedlimit dropped" excuse considering I was going over the speed in NC as well. That would definitely be a laugh. |
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"No good deed ever goes un-punished." |
Wasn't implying such. However the link I provided him will direct him to the National Motorists Association (NMA), who, upon his becoming a member, will give him the insight he needs to convice the judge to dismiss the ticket. |
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"No good deed ever goes un-punished." |
Oh yeah, after you take the advice of the NMA on what exactly to say to the judge to contest your ticket and get your Court date, DO NOT wear your uniform...looks too obvious you are trying to "get out" of something. MILPERS are a dime a dozen in VA anyway and the judge will have seen that before and possibly think of it as a ploy. Suggest "business casual", i.e., b*tton-down dress shirt (no tie), slacks, quality dress shoes, a good/sharp haircut and proper military bearing/demeanor. The judge will get the point that are active duty without you being too obvious about it.
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Basic Training |
Emporia Virginia is one of the great speed traps of all time. They are all in on it. The local police (which I believe has 27 units a lot for a small town) the State police and even the sheriff's department. The last I heard the city collects in the excess of 3 million dollars in speeding tickets. You want to bring a lawyer. A local one. What you want is the reckless taken off your licence. You can go to jail for a reckless driving and I think if you get 2 you are gone. It is considered a charge as serious as a DUI Several years ago I was charged with a Reckless driving in Waverly which is a few miles up 301 from Emporia. I used a lawyer from Norfok who grew up in the area and basically got off.
My opinion, use a lawyer, it may cost you more initially, but you have a good chance of getting out of the charge which is like a 600 pound gorillia on your record. Remember one of the main sources of income in Emporia is revenue generated from speeding tickets. I think if they get their money they will not worry about the reckless driving so much. Cynical aren't I |
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Member |
Strongly suggest you:
1. Do a quick internet search on VA reckless driving laws. 2. Get a lawyer. This is a criminal matter. You may get lucky by showing up and get the charge knocked down. You may also get unlucky and get a judge that wants to make an example of you. Fallout: You could pay higher insurance for your civilian vehicle. You could have issues getting/retaining a security clearance, resulting in possible reassignment and involuntary change of rating. You go TAD and need a rental car to carry out your duties, the rental car agency may refuse to rent you their car, based on the conviction. Possible difficulty in obtaining gainful employment at the end of your Naval career. Each judge/court is different. Like one person said, leave the uniform at home and dress presentably (business casual at a minimum), and mind your manners. |
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Member |
180-
This is something I know a little about. I travel between Raleigh, NC and the Little Creek area of Va Beach regularly, through Emporia, and I have two sons, one a Seabee, who between them collected enough traffic tickets in NC, SC, and VA to paper a wall with (although never in Emporia). You already know Emporia is a world-class speed trap and a big chunk of their city's annual revenue comes from fines. That said, I would guess you weren't ticketed in Emporia's jurisdiction: Milepost 2 is a good 9-10 miles south of Emporia. My guess is either the Va State Police or a county Sheriff (Greensville Co, VA), each of which works the segment south of Emporia's jurisdiction very thoroughly. The speed limit on I-95 in North Carolina is 70 mph for around 100 miles before reaching the VA line. It drops to 65 mph at the state line. If VA has any speed limits > 65 mph, it's news to me. More often than not, there are one or two cars pulled over on the northbound side between the line and the first exit in VA at mile 4. You should MOST DEFINITELY hire a local lawyer and seek to have the charges reduced to at most 74 in a 65. The way I've done it is to research lawyers on lawyers.com for the city or county and state you're needing representation in. For this reason you need to confirm exactly what jurisdiction you were cited in, as the lawyer will need to know. Oftentimes, the representation can take place without your having to personally appear in court. If your lawyer says to be there with him/her, you'll of course do that, and not being a military man myself, I think turning out in dress uniform is what I'd do. Emporia/Greensville Co is far enough from Tidewater that there is only a "passing through" military presence there. Let your lawyer recommend uniform or civilian attire. And, of course, dress well either way. It's shocking to see the lack of decorum in court these days. My older son was in speeding court in the next county west (Mecklenburg) about 6 years ago, and upon arrival, he quietly fussed at me for making him wear jacket and tie. We were the ONLY people in the courtroom in jacket and tie other than the judge, other court officials, the DA, and the various lawyers. Our case was the last heard before the lunch break, and EVERY SINGLE schlub who went before the judge in a tank top, flip-flops, or baggy pants got the book thrown at him/her. The first guy to show up looking like he had respect for the court, he got his charge reduced from 78 in a 55 to 64 in a 55. Simple as that. If you reside in or close to VA, you might also consider getting your speedometer calibrated. I know it was a govt car, but I would think you could take it to a speedo shop and get it calibrated. Might help, might not. Check ahead as to the requirements--a few years ago the shop had to be state-certified and there was a notary public stamp/seal requirement for the certificate. Yeah, I'd try pretty much anything to get this one reduced. 84 in a 65 is a bad charge. Good luck with the process. HH |
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"No good deed ever goes un-punished." |
While on the subject of speed traps: Tappahannack on Rt 17 is pretty bad too. Beware if heading North toward Annapolis from Norfolk.
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Navy Forums Moderator Nemo Me Impune Lacessit |
And they are generally passing through at a high enough rate of speed to warrant a ticket. Therefore putting the military in a bad light in the judges eyes. No, I would go without the uniform. |
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