Legal Question in Traffic Law in Virginia

Reckless Driving 64 in a 35

I recently received a reckless driving ticket in Smyth County Virginia for going 64 in a 35 zone on Route 600. I was headed home and the town policeman did not catch up with me until I was already on interstate (I wasn't eluding)about 20 yards from the next county. Can he pursue me onto interstate? After giving me the ticket he called in a DEA agent and requested that I consent to a search of my car, which I did and nothing was found. The DEA agent was in plain clothes, did not identify himself, and he only told me that he was with the DEA because I asked who he was with. Why would the cop have called in this agent and searched my car? Is it normal to have this done for speeding? I'm 21 years old, I have never done drugs and have no criminal record nor did I give the police a reason to suspect that I did, and I only have one violation from May of 2004 for 80 in a 70 on Interstate 77 in NC. What do I need to do? The cop also made a comment about my hair that was recently dyed, which I think may have been his reason for requesting the search of my vehicle, but I can't be for sure.


Asked on 1/09/05, 9:17 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Reckless Driving 64 in a 35

A person who is stopped by a police officer for an alleged traffic violation under no circumstances should ever consent to a search of his or her vehicle. The reason being, of course, is that rarely can one be absolutely sure as

to what an officer might come up with in his search of the vehicle.

Under the circumstances which you've described, the county officer could certainly pursue you on to the interstate highway since he was still within his jurisdictional boundary.

Since reckless driving is a Class 1 misdemeanor and, therefore, a jailable offense, you should engage the services of competent defense counsel

in the Smyth County area or request that the general district court appoint an attorney to represent you if you cannot afford to hire one on your own.

You will not be able to dispose of this matter by prepaying a fine by mail or by credit card over the telephone but will need to appear in traffic court in person on the day your case is scheduled for trial.

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Answered on 1/09/05, 9:33 pm


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