Legal Question in Traffic Law in Virginia

Reckless driving: 53/25

I was recently charged in Fairfax VA for reckless driving, 53 in a 25. The 25 speed limit was due to a school zone when flashing that I did not see. Due to a heartbraking relational issue that morning, I was *extremely* pre-occupied, thus I did not notice my speed on the down hill(previous road 40mph and 35mph limit), and didn't notice the school zone when I entered it. At no point was I even aware of my speed, I simply realized where I was(daily commute) and knew I was going too fast and slowed down immediantly - then saw the officer. I have a +5 record with no offenses. I have taken two(2) driving improvement classes, one online and the other in classroom. The officer was polite and suggested I take the class to help the charge in court.

What should I expect? I'm pretty shook up.


Asked on 12/31/05, 3:18 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Reckless driving: 53/25

Well, because you are facing a CRIMINAL CHARGE,

of a misdemeanor, with up to 1 year in jail, I

would definitely recommend getting a lawyer.

I don't like doing these, because Fairfax is so

tough that they really don't listen to a lawyer

but because it is serious you should get one

anyway. I would recommend David Hall of

Phillips, Beckwith, Hall & Chase in Fairfax.

You should get a copy of your driving record

from the DMV.

Realistically speaking, with a +5 (if your

memory is correct) and your explanation that

it was a sudden change in speed that you did not

notice, you stand a very good chance if you

offer to plead guilty to going 44 (19 miles over)

which is NOT a crime, but merely a speeding

ticket. You would go to the prosecutor before

court starts and make the offer, showing him your

good driving record, and WITHOUT admitting

anything, explain that the charge arises from

a sudden change in the posted speed that you

did not see or notice. That is different from

someone going 80 on the interstate where

everyone KNOWS that the speed is 55 or at best

65. Here is is entirely possible for you to

believe that you were going the correct speed

if you did not notice the change.

However, since it is a difficult thing, a lawyer

would be a good idea.

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Answered on 12/31/05, 3:55 pm


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