Legal Question in Traffic Law in Virginia

Re: 46.2-862 Reckless Driving 81 in a 65 MPH Zone

You cannot prepay a Reckless Driving ticket.

Check you summons to see if the "You don't have to come to court only if this box is checked" box is checked.

Re: 46.2-862 Reckless Driving 81 in a 65 MPH Zone

Please don't be "penny wise, and pound foolish."

You should immediately retain an attorney, who can help you defend the charges against you. Your attorney may be able to develop a legal defense to the charges. Even if he/she can't get the charges dismissed, your attorney may be able to negotiate a more favorable plea agreement than you could do on your own.

Remember, points on your license almost certainly will lead to much higher auto insurance rates, and this may cost you thousands of dollars, not just hundreds. Further, should you receive other citations in the future, and more points, you could have your license suspended or revoked.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: 46.2-862 Reckless Driving 81 in a 65 MPH Zone

Your best approach is to appear in person on the

day your case is scheduled for the traffic court hearing, ask to speak with the Assistant Commonwealth Attorney (ACC) who's assigned to your case, explain whatever mitigating circumstances that may apply to your charge and then offer to plead guilty to the much less serious charge of Improper Driving as outlined in Section 46.2-869 of the Virginia Traffic Code. (Improper Driving is merely a traffic infraction and not a misdemeanor and is recognized as an acceptable disposition to a reckless driving charge under appropriate circumstances.)

Re: 46.2-862 Reckless Driving 81 in a 65 MPH Zone

First, your decision is not between doing nothing or hiring an attorney. You can come yourself without an attorney. But, second, what you are saving is not just $171 but having a criminal record as a misdemeanor. So it is well worth the cost NOT just to save $171 but to save having a criminal record. So it is not just about $171. Third, YES, it can have lots of harmful ramifications for you. I don't know your life, occupation, or future plans. But there can be many harmful consequences. For example, I also am a representative for mortgage companies. In Pennsylvania, NO ONE can be a loan officer or market mortgages if they have a misdemeanor. So an entire profession could be closed to you if you have a misdemeanor. Fourth, the fact that you were going only 81, 1 mile over the 80 mile mark, could lead to a very good chance that the prosecutor and/or the judge will knock it down to a lesser offense (partly because they aren't 100% sure that the speed reading is THAT exact). Therefore, I think it is well worth your effort to show up and try to get it knocked down a notch. One lower notch would convert this from a CRIME to just a simple speeding ticket. SO it is well worth the effort and expense to deal with this.