Legal Question in Traffic Law in Virginia

46.2-862 Reckless Driving 86 in 70 MPH in Faquier County on I-66 (Reposted for small clarification)
While on my way to James Madison University for an opera audition (for which I was late), I was pulled over by an unmarked police car. The officer said that I clocked in at 86MPH on his radar, and wrote me a court summons. I have a clean record, and 3 positive points on my license. I am 19 and have only had my license since March 2014 - that is why I do not (yet) have the full 5 points. I have never done anything to warrant getting points deducted or being pulled over.
Is it possible that some sort of defense could be made in this case, or if my previous record could help to bargain the offense down to improper driving? If convicted, what do you think the most likely outcome is, in terms of fines, license suspension, and potential jail time?

Asked on 2/07/16, 2:12 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Yes, your best approach would appear to attempt "to bargain the offense down to improper driving",

relying on your reasonably good previous driving record and the cause for your speed in order

to persuade the Fauquier prosecutor.

And, no, I cannot see any jail time imposed here under these circumstances should you

be convicted.

Answered on 2/14/16, 7:58 am

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