Legal Question in Traffic Law in Virginia

Re: Radar Survalience

Assuming that the officer's radar was correctly calibrated(which it most likely was), probably, your best hope is to get the speed reduced to something like 38-40 in a 25 mph zone , which may not be easy given your previous record.

You should, therefore, have the services of counsel, if at all possible, to represent you in this matter.

And whether or not the officer had permission to conduct his stealth mission of interdicting local speeders on private property is a totally irrelevant question with respect to your guilt or innocence of the traffic infraction with which you've been charged.

Re: Radar Survalience

Reckless driving can have a significant impact in several aspects of your life - especially a 2nd conviction. It can impact your insurance � either by increasing your rates or having the insurance company dropping you altogether. If you have a security clearance, or if you are the process of trying to obtain one, depending on the level of clearance, a reckless driving conviction can hinder the process, or be detrimental to an existing clearance. If you are in the process of trying to become a United States citizen, it could have a negative impact on that process by elongating the time for the government to conduct your background check. A reckless driving can impact your privilege to drive altogether in Virginia as the Virginia DMV can suspend your Virginia driving privileges because of too many points/tickets.

So what do you do if you are one of the hundreds of people every year who get charged with reckless driving all over Virginia? First, do not plead guilty without the advice of counsel. Why? It is possible to have a defense to this charge. Sometimes you are charged with reckless driving, but the charge may more properly be the lower offense of �improper driving� � a non-criminal traffic offense. An improper driving charge carries with it up to a $500 fine, and a negative three-point violation on your Virginia DMV record.

A properly prepared attorney, unlike the one you hired for your first case, can help you prepare for court as well. Sometimes there are mitigating issues that may help in getting the charge reduced.

One or more of these defenses may be applicable to your case. Different jurisdictions view these defenses, and mitigating factors differently, so make sure you have an attorney who is familiar with your charging court, and with whom you are comfortable. Things that an attorney may have you do before court would include:

(1) getting your speedometer calibrated,

(2) taking a Driver Improvement Course,

(3) getting character reference letters,

(4) getting a copy of your driving record, etc.

Keep in mind, if you are ever one of those unfortunate persons who find themselves in such a predicament, consult an experienced attorney before you go to court. It may make all the difference.