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Beating a speeding ticket

Discussion in 'Glockers of the Old Dominion' started by jp_vcu, Oct 8, 2009.

  1. jp_vcu

    jp_vcu

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    0
    Aug 18, 2009
    Has anybody in Virginia ever beaten a speeding ticket with a speedometer calibration certificate?

    I recently got a reckless driving ticket in Chesterfield (23 mph over) and am confident that my speedomer is off by at least 3 mph. If I get a certificate saying that my speedometer read less than I was actually going, will a judge reduce the ticket? Or is this probably a waste of my time and money?

    I was also debating hiring a lawyer. I haven't had a speeding ticket for 6 years and hoping the judge will drop the reckless charge. I have a CDL and really don't want to lose it.
     
  2. DScottHewitt

    DScottHewitt EMT-B

    15,908
    7
    Jul 4, 2000
    Waynesboro, VA
    You probably don't want to tell the judge the speedometer was reading LOWER than your ACTUAL speed
     


  3. isnerbs

    isnerbs

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    Mar 30, 2009
    Virginia
    Why wouldn't you? That would mean that you thought you weren't going as fast as you were. You wouldn't want it to read the other way...
     
  4. Honestly I think all speedometers are off by that much or less. I doubt this will work.

    Have you taken a defensive driving course prior to the court date on your own?

    Since you have a CDL, I would take the driving course and get a laywer, and get a copy of your driving record from the DMV showing you have been clean for 6 years.

    You then want to talk directly with the commonwealth's attourney and not to the judge. Talk to the CA before the court date.
     
  5. DScottHewitt

    DScottHewitt EMT-B

    15,908
    7
    Jul 4, 2000
    Waynesboro, VA
    Simple explanation.


    I crossed my "plus" and "minus" signs.


    :rofl::rofl::rofl::rofl:

    [​IMG]
     
    Last edited: Oct 11, 2009
  6. faawrenchbndr

    faawrenchbndr DirtyThirty fan CLM

    36,074
    441
    Nov 24, 2005
    Troy
    Going to be very hard to BS your way out of a 23 mph ticket.
    Good luck
     
  7. Been a long time since my Reckless driving ticket.

    It was in a government vehicle and I couldn't get it back to have the speedometer calibrated.

    But it was also in a construction zone. I took photo's of the area, no warning signs of the construction zone, no reduce speed ahead signs, and the signs did not have the VDOT property certificate/theft warning on the back. The signs had been placed by the construction company, not VDOT.

    I went into court without an attorney. Tried to talk to the CA and plea it down, he wouldn't speak to me.

    Bunch of people ahead of me just plead guilty and took the $125 fine plus court cost. Guy just before me plead not guilty and said he didn't think the officer was operating his radar properly. Judge found him guilty and gave him a $250 fine.

    I stepped up and the judge looked at me like I was insane when I said "Not Guilty". I showed my photographic evidence and said the signs were not installed by VDOT and they were not enforceable. Judge asked the cop what he knew about it and the cop replied that his LT had said VDOT had called and told them speeding was a problem in the area. I objected and said the officers testimony was 3rd party hearsay and not admissible as evidence. Judge looked really pissed off, and asked what the speed limit would have been with out the signs. I was still 15 mph over so he found me guilty of 15 over and fined me $125 plus court costs.


    So it might be worth it to get your speedometer calibrated. But do not walk in and say not guilty because the officer doesn't know how to use his radar equipment.
     
  8. isnerbs

    isnerbs

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    0
    Mar 30, 2009
    Virginia
    I had a reckless driving ticket about 7 years ago. It was my first ticket ever. I got pulled for doing 81mph in a 65mph zone. I pled guilty and the judge asked if I had anything to say, I just said "It's my first offense, your honor. I'm sorry." He must have been having a good day because I ended up with about a $60 fine. It went on my record, but I paid less for that fine than I did for a regular speeding tickets years later.

    For the record, I have slowed my driving recently. After the 2nd ticket I realized they could be avoided. :whistling:
     
  9. Olivers_AR

    Olivers_AR

    714
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    Dec 27, 2007
    Dulles, VA
    Highly recommend that you get a lawyer/mouthpiece quickly. Reckless is a big ticket and has ramifications on insurance rates, employment, etc. If they can knock it down to <20 over, that would be great. Depending on how good the lawyer is, he can talk to the CA and cut a deal/get it lowered.

    Find that lawyer in your area/courthouse that handles reckless/DUI, they will know the drill. Usually the consultation is free or reasonable cost.

    ETA: Just read that you have a CDL, certainly worth looking into the laywer, depends on if you drive for someone or run for yourself.
     
    Last edited: Oct 9, 2009
  10. stooxie

    stooxie NRA Life Member

    1,069
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    Apr 10, 2005
    Northern Virginia
    Getting a lawyer is the best advice, they have packaged deals for this kind of stuff. You'll pay $1,500 (or whatever) for the lawyer and they'll work their magic and they will get your charge knocked down down to either speeding or improper driving. You'll get some points on your license and probably have to pay a fine.

    But not having a criminal conviction on your record? Priceless.

    -Stooxie
     
  11. Dan0076

    Dan0076 Special Member

    181
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    Aug 15, 2004
    SEVA
    I agree, get a lawyer. Reckless is a big deal I just went to court last month for reckless (speeding 21 over 76/55).

    With a speedometer calibration that showed my speedo off, AND a certificate from a driver improvement, the charge was dropped from 21 over to 15 over and I paid for a speeding ticket only. I also had a copy of my driving record witch wasn't clean, but it wasn't even looked at.

    I did have a lawyer.
     
  12. ProactiveShooters

    ProactiveShooters President / CFI

    121
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    Jan 5, 2009
    Richmond, Va.
    An RD charge can also get you jail time in Va. Get a lawyer.
     
  13. jp_vcu

    jp_vcu

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    Aug 18, 2009
    The speedometer calibration didn't work out like I hoped it would. I hired a lawyer. We'll see what happens...
     
  14. stooxie

    stooxie NRA Life Member

    1,069
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    Apr 10, 2005
    Northern Virginia
    FYI, getting a lawyer will not make you look bad in front of a judge. My (fortunately limited) experience is the opposite. I got to the courtroom early and my lawyer instructed me to take notes on the mood of the judge while he went off with someone to negotiate my case (the DA?). The judge was firm but fair.

    There were a couple cases where someone was representing themselves and trying to beg for mercy. The judge was like "I'm going to do you a favor and reschedule this case so you can get yourself a lawyer."

    When my case came up the judge looked me up and down (I wore a suit), the lawyer said something that I couldn't even comprehend, the judge flipped through a sheet of paper and said "So ordered." To this day I have no idea how that whole exchange worked.

    Took 30 seconds.

    -Stooxie
     
  15. RandySmith

    RandySmith

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    Mar 1, 2001
    Staunton, Va.
    Just to add to what others have said... get an attorney. Reckless driving is a misdemeanor (criminal) charge, not a simple traffic infraction.

    Randy
     
  16. jp_vcu-did you go to beach calibration next to haynes on Va bch blvd?
     
  17. deadday

    deadday

    15,544
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    Aug 14, 2007
    Texas
    Meaning you admit to be driving 20 over instead of 23....brilliant plan :wavey:
     
  18. Alcoy

    Alcoy

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    Jul 13, 2006
    Virginia
    My friend was caught speeding over 25 miles over the posted limit. Got a lawyer. His offense was reduce to "mechanical malfunction". His lawyer argued. He got off with just a fine and not a reckless driving.

    He said the lawyer was not cheap.
     
  19. GIockGuy24

    GIockGuy24 Bring M&M's

    4,037
    5
    Jul 14, 2005
    With Amber Lamps
    In Chesterfield County, unlike Northern Virginia, you can ask the court (the judge) to send you to "driver improvement classes". Usually the judge will allow this if you have clean driving record or at least currently have good driving points even with a former ticket. If the court sends you to driver improvement the charge will be dismissed when you complete the classes and bring proof to court clerk. In counties in Northern Virginia, driver improvement is not allowed to dismiss a driving offense, only gives you 5 good driving points. The reckless driving charge is a crime and is 6 bad driving points. Also reckless driving in Northern VA was over 70 mph, now over 75 mph even if the speed limit is less than 20 mph below that. In the rest of VA reckless driving by speed has to be 20 mph over posted limit. Normally if your record is clean the charge will get reduced to speeding which still carries the driving points but is not a crime. If you get sent to driver improvement by the judge then there won't be any conviction or bad points and you'll still get the 5 good points from the class. Asking to be sent driver improvement is the best thing but will only work if you have a "good" driving record. The next best thing is to have the charge changed to speeding but that will give you a lot (6) of points. if you were only speeding and not weaving or any other bad driving the charge is almost always reduced to speeding. But ask for driver improvement if your driving record isn't bad. You might ask anyway as the officer may not have checked your record but most likely he has and will have the info in court. Usually just how many good or bad points you have and not the charges but he might have those too.
     
  20. jp_vcu

    jp_vcu

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    0
    Aug 18, 2009
    I just got out of court. My lawyer talked to the commonwealth attorney and got the charge dropped from reckless driving with a commercial license (criminal charge/ineligible for driving school) to speeding. I was given driving school and still have a perfect +5 record.

    Loaded Tech- No I went to Richmond Battery Service Inc. It's located on Altamont Ave, off of Broad St, just outside of the Fan. Don't go looking for miles that aren't there; these guys seem pretty legitimate.