46.2 862 Reckless Speeding in VA
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The Centreville IndependentEight Motorists Die in Crashes Over Holiday Weekend in VirginiaThe Centreville IndependentEight people were killed in traffic accidents across the state over the Memorial Day weekend, according to Virginia State Police, who said that none of the crashes occurred in Fairfax County. The number of deaths over this year's four-day holiday (the …and more »
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Questions and Answers
I am applying to different police department because I wanna move out of my small town and experience life elsewhere
Anyways each website says I am disqualified if I have a class B misdemeanor, but the thing is I dont know what class I have and even if I have a class
While I was in the military I got pulled over for speeding because we had an emergency on base (I was coming from home off base). The state trooper pulled me over and he just didn't care about my situation, but since I was uniform he didn't arrest me. You usually get arrested on the spot in VA once you go 20 miles over because its considered wreck less driving. So he just wrote me the ticket and I appeared in court a month later.
I pleaded guilty and I had to pay $700 and do a weekend in jail. And that was the end of that. Oh I had a restricted license for 6 months as well, the judge said that I couldnt do anything else wrong for a year. Its been 2 years now and I dont even live in that state anymore so I guess I a clean
I live in TN now with a TN drivers license. I have been a reserved deputy here for like 3 months. When I joined they did their background check and everything came back OK and I became a reserved peace officer in this state
From reading my story, what class misdemeanor do you think I have? And would it affect me in other police departments?
And how the heck do I find out what class misdemeanor it is? Do I call the courthouse that gave me my punishment?
Reckless Driving in Virginia is a class 1 misdemeanor, the highest penalty misdemeanor in VA. Class 1 misdemeanors are punishable by up to 12 months in jail.
§ 46.2-862. Exceeding speed limit.
A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
§ 46.2-868. Reckless driving; penalties.
A. Every person convicted of reckless driving under the provisions of this article shall be guilty of a Class 1 misdemeanor.
I got a speeding ticket in the state of Va. I was on I-85 in Dinwiddie, Va. When I was clocked by a state trooper going 83 in a 70 at 8:40 in the morning. The officer told me that this is a reckless driving charge. I live in North Carolina and I was heading up to Maryland with my family. I know nothing of Virginia laws or the new laws in effect. This is my first offense since 2006. I was driving straight on the road…was not swerving, making erratic lane changes or anything to even be considered reckless. Any advice or suggestions other than paying a lawyer tons of money would be helpful. Thank you!
First I should point out that it is in your best interest to get this charge reduced no matter how much money you have to shell out. This is a severe criminal charge the some people get turned down for jobs because of.
The law is this:
§ 46.2-862 . A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of EIGHTY MILES PER HOUR regardless of the applicable maximum speed limit. (emphasis added)
VA traffic laws and their enforcers are legendary even in surrounding states for their draconian nature and over-enthusiastic enforcement.
Plea bargaining may be the way to go in order to get it reduced. You have to contact the prosecutor to do that. Also read the guide provided below for many useful tips on this matter.
That being said, you were driving 83 mph. I've never driving that fast or been in a car going that fast in my entire lifetime, so my sympathy stops there.
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.
This law is so vague and ambiguous that anyone can be charged with reckless driving. Then, a few lines down you get this law for reckless driving.
46.2-862. A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
The way the law is written it lets then write a ticket to anyone speeding, regardless of how they were driving. It is the most written ticket in VA. You can hire an attorney if you want to fight it. Check out the link below.