I was doing 67 in a 55 mph zone. I was passing and soon got back into the right lane and slowed down when I was pulled over. He said I was doing 81 in a 55 mph zone. I believe he was mistaken. How can I contest this. My husband was with me and can attest to my speed. How serious is this charge and what is the likelihood of me getting in serious trouble?
Reckless driving in Virginia is a Class I misdemeanor which you have stated correctly carries a maximum $2500 fine and up to 12 months in jail. Your license can also be suspended. Personally, I have never seen the "it wasn't me" defense work in court. There are other technical defenses though, for instance if the officer equipment was not properly calibrated before and after the shift. You sound like a nice person so I'd suggest to contact an attorney that's familiar with the jurisdiction in which you were ticketed to discuss your case.
An attorney may be able to negotiate a reduction, since you were going over the limit but don't agree that it was 81 mph. You are entitled to present your defense, with or without an attorney, but you should assume that the officer will say that he clocked your car at 81 mph, and the judge will usually believe that.
The best way to contest it is to hire an experienced local attorney. They will also be able to explain to you the likelihood of the outcomes you're facing in that jurisdiction. Additionally there are things you can do to best challenge the speed the officer is claiming. An experienced local attorney can help with all these issues.
David Leon CarlsonCriminal Defense AttorneyRichmond, VA ·
Reckless driving is 20 mph over the speed limit or speed in excess of 80 in Virginia. There is always a chance that the officer's radar misclocked you. They must be checked every 6 months to verify they are working accurately. I would inquire as to the make, year and miles the vehicle you were driving has. Often I will request a calibration of that vehicle. With older cars and cars with a lot of miles the speed may be off. How is your driving record? Since Reckless Driving is a Class 1 Misdemeanor I would suggest you contact an experienced attorney.
Jerrell Ramsey JohnsonCriminal Defense AttorneyVirginia Beach, VA ·
Judge Vincent in Eastville has set of standard dispositions for Reckless Driving by Speed. If your goal is to have this charged reduced to a simple speeding infraction, here's what you do: 1) Have your Speedometer Calibrated to test the accuracy of your vehicle's speedometer 2) Take an online Driver Improvement School 3) Hire an attorney that practices in Eastville to represent you. Do not try to represent yourself if your goal is to have the charge reduced! Best Wishes.
Driving at 20 mph over the speed limit, or over 80 mph regardless of the speed limit, is Reckless Driving in Virginia. So in this situation, the officer's testimony would suggest you were committing Reckless Driving under both versions of Reckless Driving since the officer says you were going more than 20 mph over the speed limit and over 80 mph.
Reckless Driving is in the most serious class of misdemeanor criminal offenses in Virginia. The maximum punishments are up to 12 months in jail, up to a $2500 fine and up to a 6 month license suspension.
RADAR & LIDAR are not perfect and can give erroneous readings. I strongly recommend you retain the services of an experienced Virginia Criminal and Traffic Defense Lawyer who has is trained on how to operate Police RADAR/LIDAR in order to maximize your chances of getting the best possible result.
Best of luck to you.
Reckless Driving in Virginia is a Class 1 Misdemeanor, carrying a penalty of up to 12 months in jail, a fine of up to $2,500, and a suspension of your driving privileges for up to 6 months. It sounds like you have been charged under Reckless Driving by Speed (46.2-862), which requires the prosecution to prove that you were traveling either 20+ miles over the posted speed limit or in excess of 80 miles per hour. Consult with a qualified local criminal defense attorney to discuss various options, strategies, and measures you should take in anticipation of your court date. Good luck.