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Got a speeding ticket in VA: Need help

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  #46  
Old 12-26-2006, 03:18 PM
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VA is definitely an uninviting place for the motorist. Radar detectors are also illegal there... and what's the deal with the annual personal property tax on automobiles there?
 
  #47  
Old 12-26-2006, 03:57 PM
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Contact the local chamber of commerce. Ask them to refer you to a traffic court attorney that works in that court. All the players owe each other favors in those small municipal court settings. If money is not the big issue and, you find the right lawyer whose really hooked into the process you should be alright. By the way, the radar, is not your big problem. Most case law universally supports an officer's visual estimate as sufficient, when the speed alleged is an "excessive" one. Another words the estimate would likely be proof enough. Good luck.
 
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Old 12-26-2006, 05:04 PM
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I used to live in VA. I got pulled twice within 1 week, both times 36 in a 25. I was 6 homes away from my home -- both times (same cop on his motorcycle in the same hiding place)!!!!

More recently in CA, I hired an attorney who postponed the court date 3 times, the last time was the officers day off so the ticket was dropped - no fees.

Good luck.
 
  #49  
Old 12-27-2006, 11:05 PM
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GET A LAWYER DEFINITELY.

I recommend John Boneta b/c he has gotten me out of several recklesses, not to mention, he used to be an Arlington County K-9 Officer, a prosecutor and still trains cadets at the Police Academy. His web site is www.jboneta.com.

Here are my recommendations:


1.) LEAVE THE COUNTRY!!!!! Just Kidding.
2.) Call John Boneta or some legal counsel b/c since you got pulled over in Po-Hunk, VA driving a German Speed Machine, you will be a field day for these guys in the courtroom possibly. Remember that movie with Dan Akroyd and Chevy Chase about 10 years ago called "Nothing But Trouble".
3.) Get your speedometer calibrated. Considering the fact that you modified your car a fair deal, your speedometer's calibration must be off so you couldn't tell how fast you were really going......if you see what I'm saying. Certain repair shops can do this calibration test for you. Talk to a legal counsel about that option.
4.) Take the Traffic School Online course at www.trafficschoolonline.com. You can take the course from anywhere as long as you have internet access and do it at your own pace. You will take practice tests after each chapter, then take the final exam (which is basically the practice tests combined) at a UPS Store or something like that where a third party can validate via your license or another form of picture ID that you are taking the actual test. I had to take this for a reckless before my court date and received +5 points, which showed that I am an upstanding citizen in this wonderful facist regime known as FFX County, VA.
5.) File for extensions as many times as you can since you are from out of state and it conflicts with your busy schedule.
6.) Donate to the local PBA.

Don’t worry too much though, but I do caution you to definitely seek the legal counsel. You were close, but I believe in the state of VA, every mph over 90 equates to 1 night in jail w/ NO QUESTIONS ASKED/NO EXCEPTIONS!!!!!

Let me know the next time you are in the area of FFX Virginia. We should all get together and share some war stories. Good Luck my friend. Keep us all posted.

Berk
 
  #50  
Old 12-28-2006, 07:20 AM
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Originally Posted by boochook
GET A LAWYER DEFINITELY.


3.) ......
Don’t worry too much though, but I do caution you to definitely seek the legal counsel. You were close, but I believe in the state of VA, every mph over 90 equates to 1 night in jail w/ NO QUESTIONS ASKED/NO EXCEPTIONS!!!!!
Unless I was an exception I dont think every mph over 90 equals a night in jail. I was ticketed for 99 in a 65....my lawyer handled everything for me & I
just payed his fee & the fine & the rest is history.

Every case is different, though.

- Cam
 
  #51  
Old 12-28-2006, 08:50 AM
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Jail time is not automatic, however, it can be imposed. Virgina law states that any speed in excess of 20 mph over the speed limit is reckless driving and any speed over 80 mph is reckless even if the posted speed limit is 75 mph. These are criminal and not civil offenses.

It is rare that any jail time is imposed. Judge can put you jail for a year if he so desires.
 
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Old 12-28-2006, 09:34 AM
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Had a good friend get stopped in VA for 80 in a 45mph done. Long story short he was ordered to jail for 10 days. During that time he was raped three times, requiring surgery. He was also beaten up pretty bad by the three guys who participated in the rape. Pray this doesn't happen to you
 
  #53  
Old 12-28-2006, 09:38 AM
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Originally Posted by Doctor K
Had a good friend get stopped in VA for 80 in a 45mph done. Long story short he was ordered to jail for 10 days. During that time he was raped three times, requiring surgery. He was also beaten up pretty bad by the three guys who participated in the rape. Pray this doesn't happen to you
OK....now THAT is scary!
 
  #54  
Old 12-28-2006, 09:44 AM
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Originally Posted by Doctor K
Had a good friend get stopped in VA for 80 in a 45mph done. Long story short he was ordered to jail for 10 days. During that time he was raped three times, requiring surgery. He was also beaten up pretty bad by the three guys who participated in the rape. Pray this doesn't happen to you
Somehow the crime doesn't fit the punishment here. Something's wrong with that state.
 
  #55  
Old 12-28-2006, 06:03 PM
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  #56  
Old 12-28-2006, 06:14 PM
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Originally Posted by ZX9RCAM
Unless I was an exception I dont think every mph over 90 equals a night in jail. I was ticketed for 99 in a 65....my lawyer handled everything for me & I
just payed his fee & the fine & the rest is history.

Every case is different, though.

- Cam
Its all upto the officers discretion.....in other words... be nice
 
  #57  
Old 12-28-2006, 07:47 PM
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Thumbs up

Originally Posted by boochook
Excellent post!!
 
  #58  
Old 12-29-2006, 12:41 AM
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wish i could help you out but 1 i am in tennessee and 2 i am not out of law school yet. good luck.
 
  #59  
Old 12-29-2006, 06:59 AM
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Originally Posted by NDP23
Its all upto the officers discretion.....in other words... be nice

As a matter of fact this is true....my lawyer told me that the officer
made a comment in front of the Judge that I was very polite....always helps!
 
  #60  
Old 12-29-2006, 07:08 AM
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Originally Posted by rosesplus
Excellent post!!
Yes.....I did find this unusual, though as I had always heard that
ignorance was not a valid excuse....the following is stated as
a possible excuse....

"(17) you didn’t know of your vehicle’s defects before being charged, etc. "
 


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