Legal Question in Traffic Law in Virginia

88/65 I-95, Hanover County...Court on Thursday.

I recieved a ticket back on Thanksgiving night making my drive back to Richmond,Va where I live. It was just before midnight in Hanover County,Va where I pulled by radar by a state trooper. I violated section 46.2-862, Reckless Driving Speed in which I was going 88mph in a 65mph zone. I have two previous accidents on my record, one back in February 01 Failure to control a vehicle, and another in January 03 for following too closely. I recieved driving school for the 2nd accident. I am almost 24 years old and am curious to as what will happen on Thursday at court. I am well aware of the penalties that will be assessed, and do not have the funds for a lawyer. (Poor college student). What are the chances that I will get a suspended liscence for the 6 months? Thanks in advanced.


Asked on 1/11/05, 7:37 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: 88/65 I-95, Hanover County...Court on Thursday.

Also, before court starts (get there EARLY) find the prosecutor and ask if he is willing to let you plead guilty to going 84 in a 65, which is less than reckless driving, or possibly plead guilty to improper driving (which is not a misdemeanor). Your bad driving record will really hurt here. However, if you can convince the prosecutor that you really didn't know you were going that fast, etc., etc., are shocked that anyone says you were going 88, you don't think you were going that fast, etc., etc., he might cut a deal.

Obviously, those lesser offenses are NOT crimes, as reckless driving IS, and that is why you should be willing to plead guilty to the maximum SHORT of any misdemeanor charge. A traffic ticket is not technically a crime. It's a fine. But reckless driving IS a crime, with possible jail time, and it will stay on your record forever as a crime.

This does NOT prevent you from doing what my colleague suggests. If you don't get what you want negotiating BEFORE court (did I mention get there very EARLY?) then you go in and plead NOT guilty and ask for a public defennder.

The reason that the prosecutor is likely to cut a deal is that it is hard to prove that you were going exactly 88 instead of 84, and a few miles per hour makes all the difference in the world.

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Answered on 1/12/05, 3:21 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 88/65 I-95, Hanover County...Court on Thursday.

If you cannot afford to retain counsel to represent you in this matter which is a jailable offense, you should ask the court to appoint one

for you when you next appear for trial and to have a continuance in the matter to allow time for your attorney to prepare your defense.

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Answered on 1/11/05, 7:54 pm


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