Wreckless driving ticket?

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Old Sep 29, 2011 | 04:01 PM
  #1  
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Wreckless driving ticket?

I was involved in an accident near Pulaski, Virginia and received a wreckless driving ticket. The police officer told me I had to come to court and just tell them it was raining heavy because that what the officer would tell the court. It was raining really heavy and I was going about 65mph but the car(G35, RWD) had no tread left on the rear and it hydroplaned and crushed into the guard rail.

In that case, why did the officer issue a ticket in the first place? I don't even live in Virginia. I have to travel from Philadelphia all the way down to Pulaski, Virginia just to resolve the ticket.

Do all states require mandatory court appearance on a ticket(moving violation)?

I heard a while back in Montana, you can pay the cop on spot. Is this true?
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Old Sep 29, 2011 | 04:21 PM
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Stogie?

Paying the cop on the spot... sounds kinda shady.
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Old Sep 29, 2011 | 06:45 PM
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yes some allow it but do not do that who know what they do with your fine. You should ask this question to your legal counsel. Dont quote me on this but I think in most cases you DO have to show up
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Old Sep 29, 2011 | 07:40 PM
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I'll move this to Car Talk, where there is an official traffic ticket thread. You'll get more replies there.

Sucks to have to travel for a ticket, though.
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Old Sep 29, 2011 | 09:05 PM
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Sorry about the G, but I'm glad it wasn't your RL. Find a traffic lawyer and ask them.
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Old Sep 29, 2011 | 09:34 PM
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I had a few friends that went to school in Virginia or farther south and 3 of them at some point got tickets coming home for break and had to make the drive back to Virginia to show up for court.
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Old Sep 29, 2011 | 11:31 PM
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I think something like Wrekless Operation would usually require an appearance - not just pay a fine and forget it.

Might, in the long run, be cheaper and easier to find a local traffic lawyer to take care of the court appearances, etc. Find one to get a consultation from and see what they say.
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Old Sep 29, 2011 | 11:35 PM
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virgina is the worst place to drive they are really strict regarding their law soo you do have to come to court to see what the fine will be............just know my girl had an accident there and we when to court her fine was $10 lol but her court feed was $65.


good luck!
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Old Sep 29, 2011 | 11:45 PM
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Does Virginia still have that thing where they can impose an additional civil fine (up to $1000 ?) on out-of-state drivers with moving violations?
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Old Sep 29, 2011 | 11:52 PM
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Originally Posted by Bearcat94
Might, in the long run, be cheaper and easier to find a local traffic lawyer to take care of the court appearances, etc. Find one to get a consultation from and see what they say.
This is probably the way to go, if possible.

Hate to say it...but it sounds like you were driving too fast for conditions...especially if you had no tread (i.e. needed new tires, i.e. standard maintenance on your vehicle that you're responsible for) That sounds like reckless driving, so the ticket sounds pretty valid. bummer.
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Old Sep 30, 2011 | 09:13 AM
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Coming from someone who lives in VA, yes, you have to show up. They can be extremely strict about this kind of ticket here. Consult with an attorney for sure, and good luck!
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Old Sep 30, 2011 | 10:26 AM
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^ exactly what he said....SHOW up and get yourself a lawyer if you dont already have a family lawyer. im sure the lawyer can work out a plea with the district attorney to drop it down to something less so you dont get points. i believe reckless driving is a 4 point ticket at least
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Old Sep 30, 2011 | 10:36 AM
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Sucks OP.. unnecessary headache Im sure.
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Old Sep 30, 2011 | 10:59 AM
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VA sucks when it comes to tickets. They are especially hard on out of state people. Sorry your getting screwed.
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Old Sep 30, 2011 | 11:47 AM
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Originally Posted by Bearcat94
Does Virginia still have that thing where they can impose an additional civil fine (up to $1000 ?) on out-of-state drivers with moving violations?
They were dropped:

http://www.thenewspaper.com/news/22/2294.asp
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Old Sep 30, 2011 | 12:17 PM
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Do not go to court for a reckless driving charge here in Va without an attorney.

A friend of mine just did that, his ticket was reckless driving for speeding 20+ over the limit. What sucks is he's the one that got "chosen" that day. Seriously. Anyone driving the speed limit on the highways around here is an obstruction. So the cops just "choose one" every now and then to show the presence.

The fine was 1000 with half suspended, 10 days in jail (suspended) and 6 months loss of license (not suspended).

Va don't fuck around.....
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Old Sep 30, 2011 | 01:18 PM
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From: Virginia
^

Reckless Driving in VA is a Class 1 Misdemeanor (same as a DUI). It can be given for various reasons, but commonly 20+ miles over the speed limit, anything over 80 mph or the cop just doesn't like you. They have raised the highway limit to 70 mph, so 80 is not that far off.



LegendaryRL- Unless it's a prepaid offence, the ticket is only a summons to appear and plea your innocence/guilt. I don't know any state that will let you prepay a Misdemeanor charge that involves jail, fines and loss of license as that's an admission of guilt. Since you did not injure anyone or any property damage except the states (they own the guardrail), you should IMO, have received a "Failure to Maintain Control of Vehicle" B.46.2-853 RD - IMPROPER CONTROL - MISDEMEANOR (C)2 $350 Misdemeanor and let you go.

You received- 46.2-852 of the Code of Virginia. (Punishable by up to 12 months in jail, up to a $2,500 fine, and a possible loss of your Virginia driving privilege for up to six months.)
Reckless driving; general rule - Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

...or- 46.2-861 of the Code of Virginia.

Driving too fast for highway and traffic conditions - A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

In VA they can get you on private property- 46.2-864 of the Code of Virginia.

Reckless driving on parking lots, etc. - A person shall be guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:
1. On any driveway or premises of a church, school, recreational facility, or business property open to the public; or
2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
3. On any highway under construction or not yet open to the public
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Old Oct 2, 2011 | 03:39 PM
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Welcome to VA. When I went to court to fight a speeding ticket, most of the people there were there for reckless driving tickets from one car accidents. In most situations, it was raining and they crashed, and they received a reckless driving ticket because they were driving too fast for conditions, even though most said they were driving less then the posted speed. A few got the reckless dropped, but most didnt.

Definitely lawyer up and hope you get a judge on a good day.

If you have any hopes of beating the ticket, DO NOT say the tire tread was low. I wouldnt be surprised if they toss an equipment violation on top of the reckless ticket if you do.
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