Legal Question in Traffic Law in Virginia

Re: Reckless Driving

I direct your attention to Sec. 46.2-862 of the Va. Traffic Code which specifies "that a person shall be guilty of reckless driving who drives a motor vehicle on the highway in the Commonwealth

(subpart iv.) in excess of eighty miles per hour regardless of the applicable maximum speed limit."

The alleged speed of the other six cars is largely irrelevant. What counts within the core of the Commonwealth's charge against you is how fast you were in fact traveling as the operator of your particular vehicle. You were the one who was singled out by the officer(perfectly legal and within his discretion)and charged with this jailable crime(Class 1 misdemeanor).

Therefore, you are the one who must appear in the dock on the day scheduled for your trial in general district court and answer to this charge against you brought by a state trooper who in your view can barely muster the equivalent educational skills of a third grader in writing out your criminal summons.

In the event that this case goes to trial, you had better hope that this particular officer is equally inarticulate in his speaking skills when he is asked by the prosecutor to give his oral recounting under oath to the traffic judge of the events which led to him pulling you over and issuing you the summons for reckless driving on a highway of the Commonwealth.

My surmise is that if such were to occur, the officer would be sufficiently credible in his account of matters to convince the judge that there is evidence quite sufficient to convict you of the charge of reckless driving.

Case closed.

Re: Reckless Driving

The element of the statute that you need to be aware of is that speeding 20 or more mph above the posted speed limit is reckless driving. I understand that you are indignant about getting a speeding ticket; but if you were in fact driving 85 mph in a 65 mph zone you are guilty of reckless driving. Thank God that you didn't crash and kill someone.

It might be possible to get your charge reduced. There are things that a defense attorney can do to attempt to get the speed reduced. Attendance in a safe driving school might help. In addition, you might get your speedometer calibrated to see if it is accurate. There might be some question regarding the radar gun, etc.

My brief answer is not intended to be all inclusive. Please contact a defense attorney that is local (in the jurisdiction where you got the ticket), if you want to know how best to defend yourself against this charge.

Good luck.