Anyone here from Bedford, VA?.. need legal help!

[KubotaSteve]

Being in the eastern panhandle of WV, we are frequently driving in VA. Radar detectors are leagal in WV however they are illegal in VA. Back in high school and college, when heading into VA, always take down your radar detector, because if a young kid would get pulled over in VA with a radar detector, the officer would ensure that it would not work in the future. Friends of mine have told stories from the officer dropping the radar detector on the ground to taking it back to his cruiser and holding it close to the radar unit burning it out. Not sure as to the truth, but they didn't have their detectors anymore. They also do this little instant on trick in VA where they turn the radar on and off like a pulsing signal. Your radar detector will pick it up, but it is too late as they have a reading on you.

 

[tracdoc]

orb,

The more I think about it, and the more I learn about the VA infraction you are dealing with, the more inclined I am to reiterate my earlier opinion:

</font><font color="blue" class="small">( If the VA law/charges pending are weighty enough, imho, I would retain counsel and let them jump through the hurdles on your behalf. Otherwise, arm yourself using one of the tutorials )</font>.

I agree with jpr62902, providing that the atty who represents you has a day-to-day working relationship with traffic violations.

As far as inter-state sharing of driving records is concerned, I would only note that the www has greatly facilitated this information sharing amongst all states. A few keystrokes have largely replaced the paper trail and its associated gaps and inefficiency.

 

[ducati996]

</font><font color="blue" class="small">( orb,

As far as inter-state sharing of driving records is concerned, I would only note that the www has greatly facilitated this information sharing amongst all states. A few keystrokes have largely replaced the paper trail and its associated gaps and inefficiency. )</font>

It still has no bearing on your home states License and will not effect your insurance rate or show up on your license...
If you move and you turn in your old state license for a new one, if you owe fines from suspensions then expect to pay them...they want the money for the fine, so pay them and have the fine reduced. Never ignore them, and it wont effect your insurance...

I rambled enough here I guess...

Ducati

 

[Libertine]

orb:

<font color="blue">Any other suggestions are still very much appreciated. </font>

hmmm. . . This won't help much after the fact, and I never get tickets anymore because I always obey the speed limits, but . . .

1) The radar gun is evidence and, when the officer admits that he will use the results of the radar test against you in court (you have to ask him politely, of course), you have every legal right to have it impounded until the trial (so you can examine the evidence to be used against you). You can ask the officer and when he refuses you drive to the Court and ask the judge. If he won't, write up a hand written motion for impoundment of evidence. It won't win you case (unless you have it tested and it is out of adjustment), but it will keep it out of production for awhile. You have to be nice about the whole thing (you don't want them to get a hard on for you), just be insistent on your legal rights.

2) If it is a small town speed trap, obviously set up as revenue generator, you might consider using the RICO statutes against them, filing complaints with the FBI, etc. These are used against many "racketeering" influenced, corrupt organizations having nothing to do with organized crime. Well, actually, I guess they do engage in organized crime "under color of law" (that's the legal term). It is unlikely they would be interested in defending a million dollar lawsuit for racketeering over a ticket. (You can insist on all their records, etc. during discovery-the city/county attorney will be well aware of that fact).

3) Because you cannot get a fair trial in their jurisdiction (after all, you're well known to the local authorities in that jurisdiction as a trouble maker) at the very least you can get a change of venue. The prosecutor has to be in court anyway and handles many cases at the same time. If you don't show, they win by default. But he's got to be there anyway. Of course, that's not a legitimate reason for a change of venue-only the fact you can't get a fair trial is. Then the prosecutor has to make a trip just for your case-just like you do.

4) Pay attention to the prosecution's case. You have a right to cross examination of the officer. I recall one time (many, many years ago in my frivilous youth) they put the wrong officer on the stand who testified that he had clocked me and I had done the dirty deed. While I couldn't have identified the officer exactly, I knew what race he was. When I crossed I asked the officer if he had changed his skin color. He said no. When I pointed out that a black officer had stopped me (this guy was white) the judge got upset, asked the officer if it was him who stopped me. It took only a few seconds for the case to be dismissed, hand me my license back (which had been taken as bond when tickteted) and hussle me out of the courtroom while the other victims sitting there were laughing about the whole thing. Of course, if you or I deliberately committed perjury we could go to jail. I'm sure nothing happened to the cop.

So, the lesson is pay attention to everything that is going on, you have a right to defend yourself against these shake downs. Or, you can pay the $2, which ever you prefer.

JEH

 

[tracdoc]

Libertine,

You should be running one of those speeding ticket defense websites! The information you laid out was at least as detailed as that which I saw on a number of sites when I was looking for them (see my first post this thread) to pass on to orb.

 

[Bird]

Orb, be sure to let us know the final result; especially if you try any of the ridiculous shennigans that have been suggested. /forums/images/graemlins/laugh.gif

 

[TWINKLE_TOES]

Bird, What happened to taking responsibility for ones actions? <font color="blue"> Shennigans </font> is a very good choice of words.

 

[Bird]

Yep, Al, that's about what I think. But I find many of the suggestions hilarious and good for a laugh. Basically, they're based on the assumption that both the officer and the judge are idiots, or that one or both are crooked. Now I certainly don't deny that might be a possibility, but I suspect the odds are against it. Of course it's been over 30 years since I was issuing traffic citations and only a tiny percentage ever came to court. They knew they were guilty and either paid the fine or ignored the citation and hoped they wouldn't get caught and put in jail. I can only recall losing one speeding case, if you could call it losing. /forums/images/graemlins/wink.gif I issued a speeding citation to the driver of a Corvette one day and I knew he had a passenger in the car but didn't bother getting a good look at the passenger. When we went to court, he was there with his twin brother. /forums/images/graemlins/laugh.gif One of the standard questions asked is whether you can identify the person you charged, so I just told the prosecutor before I took the stand that I couldn't say which of those guys I issued the citation. Some came to court to either plead guilty or no contest and usually got a reduced fine. Those who plead not guilty and had a trial got bigger fines, so much bigger that they sometimes looked stunned when the judge pronounced sentence.

But, yes, I know for a fact that there have been traffic courts in which tickets were "fixed", hiring a lawyer was a sure fire way to get a ticket dismissed, etc. But I sure wouldn't count on it unless you have some inside knowledge. The only thing I would recommend to anyone hiring a lawyer is to get a receipt for what you pay him. I say that because I also used to be a shift commander in the jail and many, many people were brought to jail because they were stopped and had "alias" tickets; i.e., had tickets that had not been paid and they had not appeared in court. And many of them said they paid a lawyer and he told them he would take care of it and it wouldn't go on their record. And of course, I always asked whether they paid by check or cash (always cash) and whether they got a receipt (never once). I'm absolutely convinced that some of them were telling the truth; that the lawyer just took the money and forgot about it.

 

[TWINKLE_TOES]

<font color="blue">he was there with his twin brother. One of the standard questions asked is whether you can identify the person you charged, </font>
Now thats funny. Losing one speeding case in 30 years ain't two bad, judge should have fined them both and let one off for innovation and let them decide which one is let off. Shennigan fits here as well.

 

[Charolais]

</font><font color="blue" class="small">( need legal help! )</font>
Hmmmm. You might be better off with a good friend mechanic that will write a statement that the odometer was broken at the time and back date the repair to fit the time frame. With a figure showing the part price and labor. You may stand a better chance of getting by with an improper equipment and just a speeding ticket that way.

Other than that, get in the guilty line and say " I won't do it no mo" "Please please have mercy on me" /forums/images/graemlins/confused.gif

</font><font color="blue" class="small">( Do they still have chain gangs in the south? )</font> YES and hanging trees too. Although that may just be on the Va. border counties of NC. /forums/images/graemlins/wink.gif

The clerk of the courts just rub their hands together on those reckless driving charges. The state and counties want your money. We're under a budget shortfall since Gilmore was in office you know. If it weren't for out of staters we'd be even broker. /forums/images/graemlins/grin.gif

Just kidding around on the last part. Good luck to you.

If they lock you up we'll come bust you out. How about that? /forums/images/graemlins/grin.gif I can pull the jail wall down with that Farmtrac 80. /forums/images/graemlins/grin.gif Just stand back away from the bricks that'll be falling.