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reckless driving ticket - virginia / fairfax county!
Posted by: needhelpbad ()
Date: September 16, 2013 03:39AM

va is so hardcore on reckless driving, ESPECIALLY the county i live in, fairfax county!!



so heres what happened:

i made a left turn and then accelerated out of it shifting into 2nd gear fast which cause the tires to "chirp".. unfortunately there was a black unmarked camero cop right there..

he pulled me over and wrote me for reckless driving, which states:

§ 46.2-852. 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.

so here are the facts:

1. i never exceeded the speed limit
2. the vehicle was in full control, it NEVER swerved or fishtailed!

i also have a tire review stating how poor these tires are with traction and 75% of everyone states they squeel and break traction easily.

if i present this information, how do u thikn the case will go?

i really do not feel that i should deserve to get a reckless driving ticket for something this petty. a reckless driving ticket in virginia is HORRIBLE and they hand it out to EVERYONE like hot-cakes.. please help!

btw, the court day is in 2 days

any advice would be helpful! thanks in advance!

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: Road Musings ()
Date: September 16, 2013 03:46AM

needhelpbad Wrote:
-------------------------------------------------------
> va is so hardcore on reckless driving, ESPECIALLY
> the county i live in, fairfax county!!
>
>
>
> so heres what happened:
>
> i made a left turn and then accelerated out of it
> shifting into 2nd gear fast which cause the tires
> to "chirp".. unfortunately there was a black
> unmarked camero cop right there..
>
> he pulled me over and wrote me for reckless
> driving, which states:
>
> § 46.2-852. 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.
>
> so here are the facts:
>
> 1. i never exceeded the speed limit
> 2. the vehicle was in full control, it NEVER
> swerved or fishtailed!
>
> i also have a tire review stating how poor these
> tires are with traction and 75% of everyone states
> they squeel and break traction easily.
>
> if i present this information, how do u thikn the
> case will go?
>
> i really do not feel that i should deserve to get
> a reckless driving ticket for something this
> petty. a reckless driving ticket in virginia is
> HORRIBLE and they hand it out to EVERYONE like
> hot-cakes.. please help!
>
> btw, the court day is in 2 days
>
> any advice would be helpful! thanks in advance!

And you just got this ticket?

If you have a clean (or mostly clean) driving record the court will almost certainly reduce it to "Improper Driving" which is basically a catch-all for diminished culpability in reckless cases. (see 46.2-869) You'll get a fine and court costs but like regular traffic violations it's a civil not a criminal complaint (reckless is a misdemeanor).

Your tire information, if presented, would help your case but you're still going to get something like improper driving because the responsibility to maintain your equipment is with you.

Hope that helps.

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: advice ()
Date: September 16, 2013 03:58AM

You should get a lawyer and have them reduce your charge.

§ 46.2-852. 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.

(Code 1950, § 46-208; 1958, c. 541, § 46.1-189; 1983, c. 380; 1989, c. 727.)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Penalties:

§ 46.2-868. Reckless driving; penalties.

A. Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.

C. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of § 46.2-1078.1 shall include a mandatory minimum fine of $250.

(Code 1950, § 46-210; 1950, p. 691; 1952, Ex. Sess., c. 16; 1958, c. 541, § 46.1-192; 1962, c. 302; 1970, c. 337; 1980, cc. 29, 221; 1989, c. 727; 2004, c. 349; 2013, cc. 752, 790.)

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: Fairfaxian ()
Date: September 16, 2013 08:11AM

So, general advice for the future: don't wait until two days before your court date to start planning what you're going to do.

It might be tough (and expensive) to get a lawyer at the last minute, but it's worth it. Reckless driving is a class 1 misdemeanor. Start calling today if you're going that route. If your driving record is not clean, I would absolutely get a lawyer.

If your record is clean, and you want to aim for a reduction to improper driving, keep it simple in court - don't overexplain. Stick to these three things: (1) the tires did make a noise; but (2) you weren't speeding; and (3) you never lost control. Print out your driving record (you can get it at the DMV website for a few bucks) and bring it with you to court. Be respectful and deferential. Wear your best suit.

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: Legal Eagle! ()
Date: September 16, 2013 08:36AM

Fairfaxian Wrote:
-------------------------------------------------------
> So, general advice for the future: don't wait
> until two days before your court date to start
> planning what you're going to do.
>
> It might be tough (and expensive) to get a lawyer
> at the last minute, but it's worth it. Reckless
> driving is a class 1 misdemeanor. Start calling
> today if you're going that route. If your driving
> record is not clean, I would absolutely get a
> lawyer.
>
> If your record is clean, and you want to aim for a
> reduction to improper driving, keep it simple in
> court - don't overexplain. Stick to these three
> things: (1) the tires did make a noise; but (2)
> you weren't speeding; and (3) you never lost
> control. Print out your driving record (you can
> get it at the DMV website for a few bucks) and
> bring it with you to court. Be respectful and
> deferential. Wear your best suit.

This is all good advice! Please heed it!

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: Kilton ()
Date: September 16, 2013 08:58AM

needhelpbad Wrote:
-------------------------------------------------------
> i made a left turn and then accelerated out of it
> shifting into 2nd gear fast which cause the tires
> to "chirp"..

Another assclown who doesn't know how to use a stick shift. A well-deserved ticket. :-)

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: Bill.N. ()
Date: September 16, 2013 11:54AM

Kilton Wrote:
-------------------------------------------------------

> Another assclown who doesn't know how to use a
> stick shift. A well-deserved ticket. :-)

That is probably an accurate assessment of the cause, but that is one of the lamest excuses for writing a reckless ticket I've ever heard of.

The real reason the cop wrote this ticket is probably because it was a young driver in a hot car. In other words EVERY TICKET WRITING COP'S DREAM. The cop knows that if the defendant challenges it in court the cop can say pretty much whatever he wants to support it and the judge will believe it. The cop also knows that if the kid does get an attorney the charge will be plead out to something like improper driving rather than being dismissed.

OP-You do have one "out". If this is your first appearance you can ask the judge to continue the case so you can hire a lawyer. Do it.

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: I Smell BS ()
Date: September 16, 2013 12:05PM

needhelpbad Wrote:
-------------------------------------------------------
> va is so hardcore on reckless driving, ESPECIALLY
> the county i live in, fairfax county!!
>
>
>
> so heres what happened:
>
> i made a left turn and then accelerated out of it
> shifting into 2nd gear fast which cause the tires
> to "chirp".. unfortunately there was a black
> unmarked camero cop right there..
>
> he pulled me over and wrote me for reckless
> driving, which states:
>
> § 46.2-852. 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.
>
> so here are the facts:
>
> 1. i never exceeded the speed limit
> 2. the vehicle was in full control, it NEVER
> swerved or fishtailed!
>
> i also have a tire review stating how poor these
> tires are with traction and 75% of everyone states
> they squeel and break traction easily.
>
> if i present this information, how do u thikn the
> case will go?
>
> i really do not feel that i should deserve to get
> a reckless driving ticket for something this
> petty. a reckless driving ticket in virginia is
> HORRIBLE and they hand it out to EVERYONE like
> hot-cakes.. please help!
>
> btw, the court day is in 2 days
>
> any advice would be helpful! thanks in advance!

2 days before court and this fool decides it is important to mount a legal defense?

Roll over and go back to sleep - "Days of Our Lives" comes on a 1pm

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: svennestle ()
Date: September 16, 2013 07:39PM

yes you were endangering property: the car. you, weren't not so fond of.

what is it 1 or 2 points on your license ? the points dissapear after a few years.

do not try to get out of paying. pay before online if avail. fairfax is full of people in gov who will stalk you for money, try to talk you into lawyers that cost more than paying up, and might fine you more if you try not to pay and argue.

what is your worry ? pay and appear. they don't care especially on a small thing like a tire chirp.

or appear and see the clerk

get a bicycle if you want to chirp tires. the car is NOT A TOY

serious

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: 600 HP w 6 speed manual ()
Date: September 16, 2013 09:03PM

What is the car you are driving? If what you are saying is true then get a lawyer. Chirping tires in a POS civic requires a WOT shift, which would mean you are driving like an ass hat. Breaking the tires loose on high hp car with a quick grabby clutch can happen pretty easily on accident if you are not used to the car or are having a bad shift day. We all fuck a shift up every now and then...

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: Hugh Janus ()
Date: September 16, 2013 10:04PM

My recs:

Justin Kase, Fairfax

Willie Bondout, Vienna

Dewey, Cheatham and Howe, LLC, McLean

Darren Driver, DC

Costia Elliot

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: Boss Tweed ()
Date: September 16, 2013 11:17PM

Blame Delegate ALBO. He legislates harsh, ridiculous reckless driving laws that no other state has. Then his law firm collects big dollars by representing the accused who pay him big bucks to get the charge knocked down.

Politicized Racketeering at its best.

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: CHILL ()
Date: September 16, 2013 11:34PM

Hugh Janus Wrote:
-------------------------------------------------------
> My recs:
>
> Justin Kase, Fairfax
>
> Willie Bondout, Vienna
>
> Dewey, Cheatham and Howe, LLC, McLean
>
> Darren Driver, DC
>
> Costia Elliot


>>>>>>>NICE ONES.....LOL

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: LOLz ()
Date: September 17, 2013 04:55AM

svennestle Wrote:
-------------------------------------------------------
> yes you were endangering property: the car. you,
> weren't not so fond of.
>
> what is it 1 or 2 points on your license ? the
> points dissapear after a few years.
>
> do not try to get out of paying. pay before
> online if avail. fairfax is full of people in gov
> who will stalk you for money, try to talk you into
> lawyers that cost more than paying up, and might
> fine you more if you try not to pay and argue.
>
> what is your worry ? pay and appear. they don't
> care especially on a small thing like a tire
> chirp.
>
> or appear and see the clerk
>
> get a bicycle if you want to chirp tires. the car
> is NOT A TOY
>
> serious

Don't listen to this guy, get a lawyer.

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: Realtiy CHeck ()
Date: September 17, 2013 04:57AM

You CAN NOT pre pay a reckless driving ticket. You have to got to court. Hope you don't have a bad record. Good Luck

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: LOLz ()
Date: September 17, 2013 05:13AM

Realtiy CHeck Wrote:
-------------------------------------------------------
> You CAN NOT pre pay a reckless driving ticket.
> You have to got to court. Hope you don't have a
> bad record. Good Luck

Even if you could, it would be an admission of guilt and you don't want that on your record.

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: How did it go ()
Date: September 17, 2013 08:57PM

Let me know how it goes.

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Re: reckless driving ticket - virginia / fairfax county!
Posted by: Andrew Flusche ()
Date: December 08, 2014 12:22PM

While this is an old post, I want to provide some input because this precise situation drives me crazy!

There is a useful Virginia case that says breaking tire traction - without more - is NOT reckless driving. It's called Snody v. Commonwealth.

This case could hopefully be used to argue that simply chirping your tires should not be a reckless driving conviction. If you are interested in other reckless driving defenses I've written a fairly comprehensive guide here: http://www.fightvirginiarecklessdriving.com/defenses/

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