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

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   / Anyone here from Bedford, VA?.. need legal help! #11  
Bird; Nicely worded reply, how do you contain yourself? I'm afraid to reply because I don't know how to be so kind. /forums/images/graemlins/blush.gif /forums/images/graemlins/smirk.gif

Wait, now I see. You are more "mature" than I /forums/images/graemlins/grin.gif
 
   / Anyone here from Bedford, VA?.. need legal help! #12  
</font><font color="blue" class="small">( .. the cop actually had lost sight of me.. I ended up pulling over behind him up the road a few miles.. "to see what he wanted"..)</font>

You are a better man than I'll ever be; I don't believe I could ever convince myself to do that in a similar situation.

Pete
 
   / Anyone here from Bedford, VA?.. need legal help! #13  
orb,

A lawyer I am not. However, I recall at least two biz acquaintances who encountered problem similar to your situation. Both of them used some sort of on-line tutorial to help them in their "cases" in court. Both wound up paying small fines, for what exactly, I can't remember. One of the tutorials was called R.A.D.A.R.. However, on Googling briefly, I could not find it.

I did find a number of other tutorials. You may want to investigate these to determine their "scam factor." Bottom line is that whenever electronic speed detection devices are employed by law enforcement, there is a significant amount of "wiggle room" in interpretation of the results, and that can work in your favor. You need to know the lingo, and the right questions to pose. 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:
VIRGINIA speeding ticket information
Ticket Killer
TIPMRA speeding defense

Hope this helps. Keep us posted...
 
   / Anyone here from Bedford, VA?.. need legal help! #14  
South Texas has deferred adjudication where you pay a princely sum to local atty who talks to the local Judge & ticket goes into a hole for a year - not on your record. If you stay out of trouble in that county for a year the ticket goes away - no record. Get another ticket within a year in that county and BOTH tickets hit your record.
 
   / Anyone here from Bedford, VA?.. need legal help! #15  
I am not a policeman, nor a lawyer, but I do live in Bedford County, Virginia. I believe I am right in saying that 20 mph over the speed limit in Virginia (not just Bedford County) is considered reckless driving and a possibility of loosing your driver’s license. As far as the radar detector, they ARE illegal in Virginia, but I don’t think they can be confiscated any more, just a ticket.

You didn’t state in your post whether you were ticketed by the local county Sheriff’s department or the State Police. If you were ticketed by the Sheriff’s department, consider yourself lucky, cause the State Police gives nothing (been there and done that – got one for doing 62 in a 55).

But lets face it, 30 over is 30 over, whether in Virginia or Maryland. Even as close as I am to the Bedford County Court House, I believe I would just pay this one by the mail if I could and consider myself lucky.

Good luck to you in whichever you choose,
RacingD98
 
   / Anyone here from Bedford, VA?.. need legal help!
  • Thread Starter
#16  
First off, thanks to everyone for their thoughtful responses to my problem. I just received my first quote from a VA lawyer $950 plus any court costs, fines, phone consultations, investigation costs, staples or post-its.

Secondly, I wish I could just pay a fine and be done with it, but in VA reckless driving is a mandatory court appearance. This means another 6 hour drive down to VA, a missed day of work and probably an overnight stay, since traffic court is first thing in the morning.

I still have two more local lawyers’ quotes to get but as most of you have pointed out, I really don't think there is too much they will be able to do for me except make my wallet even lighter. I was speeding (don't think I was really going 85, probably more like 80, but that’s not much of a point to argue on). I have a totally clean record up to now and I can't believe this stupid mistake is going to probably cost me over $1000 and increase my insurance for God knows how long.

I have two other local lawyers who are going to get back to me with quotes but I'll really need to think long and hard whether it will be worth it to hire one. Basically they could try to prove that the radar gun was not calibrated or used correctly but I think that’s a long shot at best. Maybe the best thing to do is just go in there by myself and plead mercy from the court. I’ll also look into the driving school suggestion, I know that’s a big thing in VA for driving offences.

Any other suggestions are still very much appreciated.

Orb

Kind of kills me that this will effect my Christmas spending on my kids.
 
   / Anyone here from Bedford, VA?.. need legal help! #17  
<font color="blue">...but in VA reckless driving is a mandatory court appearance. </font>
In PA, if you are caught going more than 30 mph over the speed limit, in addition to the fine, you have to attend a departmental hearing at which your driving record is reviewed. Following the departmental hearing you are hit with either a 15 day suspension, a special on-road driving examination, or both.

<font color="blue"> Maybe the best thing to do is just go in there by myself and plead mercy from the court. </font>
That's what I'd do, particularly if I knew I was guilty. /forums/images/graemlins/crazy.gif
 
   / Anyone here from Bedford, VA?.. need legal help! #18  
Well,

Being upfront with my comment - Thanks for filling the coffers of the Commonwealth.

As previous few have noted - beg for mercy. I agree.

A year or so ago I was returning fast food - wrong order when I was stopped for "speeding".

It was not a state trooper, but a county sherif. Caught me going "80MPH". I saw him coming up a hill, going in the opposite direction. Obviously, if he is going uphill, I was going down. I did not know radar worked like that.

Mental note number one.

I professed my innocence. Truely, I believed my truck was incapable of producing such a speed, even going downhill.

Mental note number two.

While it was deamed, "reckless driving", Mental note three, I professed I really could NOT go that fast, but the officer was giving me a break, not listing reckless driving on the offence.

Mental note four. Get speedo checked.

Since I had convinced myself the conditions were not possible for my truck to go that fast, I elected court, rather than paying the fine.

I did get my speedo checked, and much to my chagrin it was indeed off, but on the low side. Hence his "80" was my trucks
"90". Hmmm.

The day of the court went smoothly. All those pleading guilty and wanting drivers education step to the right. All those wishing judgement, stay seated.

I was first up for judgement. The sheriff was not available, so I was told to wait.

One hour later it was my turn.

NOT guilty your honor! I stated.
"Your reasons, Mr. Z", the judge asked!
"My truck speedometer was calibrated incorrectly, your honor"
"Mr. Z. Supporting evidence?" the judge queried.
"In my hand your honor", I quipped, hoping to bluff.
"Approach me sir"

Yikes, this is not going to work, maybe he forgot his glasses, I thought.
"Mr. Z. your speedo is correct in the inaccuracy of the calibration, it fact you look to have been going "90", Next Defence?"
"The officer was approaching me from a hill bottom, your honor. Perhaps he caught someone behind me or his radar was not calibrated correctly".
"I am familar with the area Mr. Z., no way as the LOS is pretty clear." He calls the officers radar book to check on the service date.
The officer approaches with a HUGE book, looks at me, points to the book for the judge.
"Mr. Z. the officers radar was found to be properly inspected just days before your offence. Next Defence?"
"Your honor, please take my clean driving record into consideration as I beg the mercy of your court".

Court costs, day long driving school. Now the dregs in driving school that I met, I'd do the court thing all over again.


-Mike Z. /forums/images/graemlins/grin.gif
 
   / Anyone here from Bedford, VA?.. need legal help! #19  
I'm gonna stick my neck out and offer a lawyer's perspective.

Many moons ago when I was doing traffic violation defense work, it was quite clear that both judges and prosecutors preferred to deal with a defense lawyer versus a pro se defendant. Hiring a defense lawyer sends a message that you are taking the charge seriously. He who represents himself in court has a fool for a client. I know this advice smacks of the good ole boy network thing, but it is true.

Now if you're facing a reckless op charge because you were right at the theshold of 30 mph over the limit, a good defense lawyer may be able to quickly negotiate a lesser charge on the mere threat of presenting a defense that the radar gun was not properly calibrated. This reduction may justify the cost of the defense lawyer. Is there a way to pay a reduced retainer to the lawyer in order that he\she can contact the prosecutor to see if an early deal can't be made? Couldn't hurt to ask.

Of course, there's always the chance that the lawyer can't help at all and you're out an additional grand on top of the fines, transportation costs, insurance increases, etc.
Good luck.
 
   / Anyone here from Bedford, VA?.. need legal help! #20  
I'm under the impression that the ticket was given out of state? I read you are from MD and the ticket was given in Virginia....few states share driving record info to that degreee...so out of state drivers get fined when pleading guilty without it effecting their home state license....
If they require a mandatory appearence, hire an attorney to represent you....
If you get a ticket for that in your home state, never plead guilty. Always fight it with a lawyer, yes it can get expensive but most of the time you can get it reduced to non-moving violations (Like seatbelts, or equipment violation)...
At least in the east coast and within the last year, I have received tickets from all states in the east coast except (Maine)...Out of state are fines, with an an occasional local lawyer to reduce and settle....
For example if I was speeding in VA and got a ticket, it would not affect my NY license....If they required a personal appearence find a local lawyer and have him settle and reduce the fine...

Yes I speed and travel frequently by car and bike....it makes for great experience with traffic laws...

Ducati

I forgot to add the most important aspect...always pay the fine
because they can suspend your license when the state decides to contact your home state on the matter.....but the traffic infraction does not carry over....
Most speeding tickets are considered traffic infractions unless it was a criminal infraction (like +150mph) or something like that....

Ducati
 
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