Legal Question in Traffic Law in Virginia

Reckless Driving Ticket

I was giving a reckless driving ticket 46.2-862(422.016) by a loudoun county sheriff. She stated that I was doing 80 in a 55. I got the ticket and drove (the speed limit) to my house which was 2 miles away.

What does the 46.2-862 stand for and what is the (422.016) that the officer put next to the first set of numbers?

I do not know if I was doing 80 but I was not doing the speed limit. I have no offenses of any kind for over 15 years. I understand this is a jailable offense and want to know what I should do.

There was no excuse for me to be driving as fast as I was and, based on my driving record, I will not be driving fast again for a very long time.

When I go to court:

1. should I be represented by an attorney?

2. should I plead guilty?

If found guilty what will the likely penalty be in Loudoun County?

Any and all feedback/advice is appreciated.

Thanks,

RR


Asked on 1/10/04, 2:24 pm

2 Answers from Attorneys
Sudeep Bose Bose Law Firm, PLLC - Former Police, Prosecutors & Investigators

Re: Reckless Driving Ticket

You will get more information than you desire at the following website:

http://www.vatrafficlaw.com

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Answered on 1/12/04, 4:14 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Reckless Driving Ticket

Sec. 46.2-862(iv) of the Va. Traffic Code specifies that a person is guilty of reckless driving who drives a motor vehicle "in excess of eighty miles per hour regardless of the applicable speed limit".

Since as you've noted already, this offense is a Class 1 misdemeanor and, therefore, a jailable offense, if at all possible you should have an attorney representing you in Loudoun Traffic Court to ensure that you get the best deal possible.

In all probability, in your particular situation

that would be a reduction in the reckless driving charge to one of improper driving (a much less serious charge)in return for your plea of guilty. (A conviction for improper driving would, aslo, have only minimal consequences for your insurance coverage---as opposed to a conviction for reckless driving.)

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Answered on 1/10/04, 7:45 pm


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