Got ticket, need advice please
06-02-2005, 11:14 AM
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Got ticket, need advice please
Well, it was bound to happen. I got pulled over the other day. I was making a left at a light and was boosting slightly in 1st gear and the rear broke loose. There was a cop that I passed waiting at the light to make a left perpendicular to me. He hooked a u-turn and pulled me. He wrote me up for Reckless Driving: Failure to maintain control. I'm new to VA so I've never heard of this charge. What am I looking at as far as penalties/fines? I did not receive a typical ticket, it was a summons to court. It's got me worried. Any advice would be greatly appreciated.
Craig
Craig
06-02-2005, 11:20 AM
#2
Copied from search results using Google. Reckless Virginia.
http://answers.google.com/answers/threadview?id=72125
http://answers.google.com/answers/threadview?id=72125
Subject: Re: Reckless Driving Charge - General Information
From: rtarar-ga on 20 Sep 2004 12:53 PDT
I was over charged with Reckless driving in the state of virginia in July.
It was my first traffic offense in my life and I really didnot know
what reckless driving meant. How ever the information on this page was
very useful to me.
I ended yup paying an attorney $1600 plus the fine.all in all I got
what I wanted , my charge was reduced to a infraction and it was
finally settled for a normal speeding ticket.
This thing works and it makes you less worryied about the worst that
could have happened (like being proved guilty for RD).
This is a very serious offence and in some states prudent police
officers charge people of these offences quite often. The definition
of RD is very open ended in most of the state laws and hence its abuse
by the police officers.
How ever I also recommend any one in this situation to hire a lawyer.
The money spent will be worth it in the long run.
From: rtarar-ga on 20 Sep 2004 12:53 PDT
I was over charged with Reckless driving in the state of virginia in July.
It was my first traffic offense in my life and I really didnot know
what reckless driving meant. How ever the information on this page was
very useful to me.
I ended yup paying an attorney $1600 plus the fine.all in all I got
what I wanted , my charge was reduced to a infraction and it was
finally settled for a normal speeding ticket.
This thing works and it makes you less worryied about the worst that
could have happened (like being proved guilty for RD).
This is a very serious offence and in some states prudent police
officers charge people of these offences quite often. The definition
of RD is very open ended in most of the state laws and hence its abuse
by the police officers.
How ever I also recommend any one in this situation to hire a lawyer.
The money spent will be worth it in the long run.
06-02-2005, 11:35 AM
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first rule about getting a reckless in fairfax county: get a lawyer
second rule about getting a reckless in fairfax county: get a lawyer
then take the driving class that happens on saturday mornings to give u 2 bonus points before going to court. i cant remember the number to the one i used to go to but there are plenty of them out there. if ur driving record is pretty good than it shouldnt be a problem to have the charge reduced. but if u do have a spotty record then go for a restricted license, but ur lawyer will discuss all of ur options. if u do get the sr-20 form get ready for crucial ****ing from ur insurance company. or if worse comes to worse than try to get a drivers license in another state. trust me i know, if i went to the DMV and apply for a VA license u would see me on one of those reality shows. good luck.
second rule about getting a reckless in fairfax county: get a lawyer
then take the driving class that happens on saturday mornings to give u 2 bonus points before going to court. i cant remember the number to the one i used to go to but there are plenty of them out there. if ur driving record is pretty good than it shouldnt be a problem to have the charge reduced. but if u do have a spotty record then go for a restricted license, but ur lawyer will discuss all of ur options. if u do get the sr-20 form get ready for crucial ****ing from ur insurance company. or if worse comes to worse than try to get a drivers license in another state. trust me i know, if i went to the DMV and apply for a VA license u would see me on one of those reality shows. good luck.
06-02-2005, 12:23 PM
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My driving record is pretty shakey. I am reading that the class gives you +points which is good to do before court like huducks recommended. It looks like I'm going to be hiring a lawyer. Any recommendations?
06-03-2005, 05:36 AM
#6
Originally Posted by huducks
first rule about getting a reckless in fairfax county: get a lawyer
second rule about getting a reckless in fairfax county: get a lawyer
second rule about getting a reckless in fairfax county: get a lawyer
take sometime to search through the forum, i'm sure someone will offer helpful advice...
http://forum.freeadvice.com/index.php?
06-03-2005, 05:39 AM
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Craig, I agree you do need a lawyer Ive gotten wreckless before and its no joke, your insurance is going to go up and depending on the judge and his mood the fine is going to suck. Im sorry to hear that man I hope you get a nice judge and he brings it done from wreckless...Good Luck
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06-03-2005, 07:11 AM
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Everyone always suggests that you get a lawyer for reckless driving in VA. I got a RD charge tacked on to my 95 in a 70 ticket in VA last year. It also came with the mandatory court appearance. I didn't get a lawyer but I only got fined for the speeding ticket.
How much is the Failure to control vehicle fine?
I also got slapped with $1000 in fines, 6 pts, including reckless driving in MD and went to court without a lawyer and had it knocked down to $160 no points. But that's MD.
Good luck with those fascist VA traffic officers of the court.
How much is the Failure to control vehicle fine?
I also got slapped with $1000 in fines, 6 pts, including reckless driving in MD and went to court without a lawyer and had it knocked down to $160 no points. But that's MD.
Good luck with those fascist VA traffic officers of the court.
06-03-2005, 08:08 AM
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Originally Posted by diablesse
Everyone always suggests that you get a lawyer for reckless driving in VA. I got a RD charge tacked on to my 95 in a 70 ticket in VA last year. It also came with the mandatory court appearance. I didn't get a lawyer but I only got fined for the speeding ticket.
How much is the Failure to control vehicle fine?
I also got slapped with $1000 in fines, 6 pts, including reckless driving in MD and went to court without a lawyer and had it knocked down to $160 no points. But that's MD.
Good luck with those fascist VA traffic officers of the court.
How much is the Failure to control vehicle fine?
I also got slapped with $1000 in fines, 6 pts, including reckless driving in MD and went to court without a lawyer and had it knocked down to $160 no points. But that's MD.
Good luck with those fascist VA traffic officers of the court.
its hard to say which one is worse between the speeding and failure to control vehicle. i'm sure ne attorney will know.
Last edited by huducks; 06-03-2005 at 08:10 AM.
06-03-2005, 09:14 AM
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Ok check this out....here's what I'm charged with...
§ 46.2-853. Driving vehicle which is not under control; faulty brakes.
A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.
Does this kind of sound like they pigeon holed me into this offense. I did see the cop looking the statute up while he was writing the summons. Could I argue that I have an open differential and when one tire spins accidently it does not constitute a loss of control. Wouldn't an open differential be considered a safety device that I took advantage of? Similar to how you could skid or use anti-lock brakes. One wheel spinning is the acceleration version of ABS. Am I kidding myself to think this will work? Maybe I could pull the drive by wire faulty jibber jabber... I was charging the battery at the time. I just jumped it, maybe the fluctuation in power caused abnormal throttle body deflections.
§ 46.2-853. Driving vehicle which is not under control; faulty brakes.
A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.
Does this kind of sound like they pigeon holed me into this offense. I did see the cop looking the statute up while he was writing the summons. Could I argue that I have an open differential and when one tire spins accidently it does not constitute a loss of control. Wouldn't an open differential be considered a safety device that I took advantage of? Similar to how you could skid or use anti-lock brakes. One wheel spinning is the acceleration version of ABS. Am I kidding myself to think this will work? Maybe I could pull the drive by wire faulty jibber jabber... I was charging the battery at the time. I just jumped it, maybe the fluctuation in power caused abnormal throttle body deflections.
06-03-2005, 09:16 AM
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Originally Posted by diablesse
Everyone always suggests that you get a lawyer for reckless driving in VA. I got a RD charge tacked on to my 95 in a 70 ticket in VA last year. It also came with the mandatory court appearance. I didn't get a lawyer but I only got fined for the speeding ticket.
How much is the Failure to control vehicle fine?
I also got slapped with $1000 in fines, 6 pts, including reckless driving in MD and went to court without a lawyer and had it knocked down to $160 no points. But that's MD.
Good luck with those fascist VA traffic officers of the court.
How much is the Failure to control vehicle fine?
I also got slapped with $1000 in fines, 6 pts, including reckless driving in MD and went to court without a lawyer and had it knocked down to $160 no points. But that's MD.
Good luck with those fascist VA traffic officers of the court.
06-03-2005, 09:26 AM
#14
Originally Posted by gspot35
Ok check this out....here's what I'm charged with...
§ 46.2-853. Driving vehicle which is not under control; faulty brakes.
A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.
Does this kind of sound like they pigeon holed me into this offense. I did see the cop looking the statute up while he was writing the summons. Could I argue that I have an open differential and when one tire spins accidently it does not constitute a loss of control. Wouldn't an open differential be considered a safety device that I took advantage of? Similar to how you could skid or use anti-lock brakes. One wheel spinning is the acceleration version of ABS. Am I kidding myself to think this will work? Maybe I could pull the drive by wire faulty jibber jabber... I was charging the battery at the time. I just jumped it, maybe the fluctuation in power caused abnormal throttle body deflections.
§ 46.2-853. Driving vehicle which is not under control; faulty brakes.
A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.
Does this kind of sound like they pigeon holed me into this offense. I did see the cop looking the statute up while he was writing the summons. Could I argue that I have an open differential and when one tire spins accidently it does not constitute a loss of control. Wouldn't an open differential be considered a safety device that I took advantage of? Similar to how you could skid or use anti-lock brakes. One wheel spinning is the acceleration version of ABS. Am I kidding myself to think this will work? Maybe I could pull the drive by wire faulty jibber jabber... I was charging the battery at the time. I just jumped it, maybe the fluctuation in power caused abnormal throttle body deflections.
06-03-2005, 09:32 AM
#15
Did you tell the cop you were practicing your drifting technique?
Tough call. I would really base your lawyer decision on your past record...sign up and complete traffic school, go to court presentable looking, and apologize and say it was an accident. Even if you have a lawyer they might not even get the chance to plea-bargain with the prosecuter. I have a great traffic lawyer if you need a referral. Good luck.
Tough call. I would really base your lawyer decision on your past record...sign up and complete traffic school, go to court presentable looking, and apologize and say it was an accident. Even if you have a lawyer they might not even get the chance to plea-bargain with the prosecuter. I have a great traffic lawyer if you need a referral. Good luck.
06-03-2005, 10:04 AM
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I did a little bit of research on DragVA for a lawyer a few months ago (a lot of those punk kids always get pulled)
I called one lawyer who I found to be mentioned a lot on the boards and he referred me to another lawyer that they referred to a lot on the boards: Andrew Kersey (703) 383-8345
From personal experience, I know he is a very nice guy. And his rates are awesome. He even gave me a discount on his already very low rate because of my referral. Furthermore, he was a former prosecutor so he knows his ways around thru lots of loopholes.
Good Luck!
I called one lawyer who I found to be mentioned a lot on the boards and he referred me to another lawyer that they referred to a lot on the boards: Andrew Kersey (703) 383-8345
From personal experience, I know he is a very nice guy. And his rates are awesome. He even gave me a discount on his already very low rate because of my referral. Furthermore, he was a former prosecutor so he knows his ways around thru lots of loopholes.
Good Luck!
06-04-2005, 06:13 AM
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I got a RD ticket the other week In NC,driving back from tail of the Dragon some place called Wainsville. Anyhow got pulled doing 80 in a 55 no way am i driving almost a thousand miles round trip to appear in court,so I called a few lawyers down there in NC and managed to find one that will reprasent me for $200,she said for alittle extra she would probably be able to get it reduced,by how much.... who knows.
Good luck with yours Craig.
Good luck with yours Craig.
06-04-2005, 11:27 AM
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Dave Albo of Albo & Oblon in Arlington <http://www.albo-oblon.com/> is a former prosecutor and a member of the Virginia House of Delegates. Good, aggressive lawyer with a track record in traffic cases. Good luck.
06-05-2005, 08:01 PM
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Originally Posted by gspot35
Was it a male or female judge? Not trying to be sexist, but I've found good-looking women have an advantage in traffic court and on the road.
If you can dazzle/confuse them with some technical jargon, that might work in your favour. Prove to them that the wheels are designed to slip like that for better handling or something? Refer to VW commercial. lol
09-21-2005, 11:21 AM
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UPDATE...
I got off with a "Failure to pay full time and attention" and fine of $75 + court costs. It's some charge that carries no points, and does not report to DMV. All in all I am extremely happy with the results. Andrew Kersey was my lawyer, 703-219-4481.
I got off with a "Failure to pay full time and attention" and fine of $75 + court costs. It's some charge that carries no points, and does not report to DMV. All in all I am extremely happy with the results. Andrew Kersey was my lawyer, 703-219-4481.