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So i was driving back from wawa the otherday and i decided to cut acrost the norfolk virginia military base. I got pulled over for doing 57 in a 35 so says the cop. I got a 18 USC 13 vsc 46.2-862. recklase drivine. (speeding in excess of 20 mph of posted speed limit). I received a united states district court violation notice. i am to go to court at
u.s district court
norfolk division
600 grandby street
norfolk va 23510
I was really only going a lil over 45 because i looked at my speedo when i saw the cop and didnt slow down because i was not thinking that it was a 35 instead of a 45. So basicley i need input from your guys im 19 years young and im sure some of you have experance with this kind of thing.
Skip the lawyers as well. I hired one and it was the biggest waste of money. He "got" me reckless use of a vehicle when he "talked" to the prosecutor. After he left the judge GAVE EVERYONE the same deal. So y advice is go to court, talk to the prosecutor yourself, be respectful, hopefully they will have mercy and cut you a break.
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if you can hire a lawyer, it would help you. they might be able to get you to pay the fines and drop the points. Going to court and telling your sob story will have a smaller chance of getting you a reduction.
You're basically fighting to get the points removed. The fine is pennies compared to increased rates. At 19 you'll be in heaps of trouble should you try and get car insurance elsewhere.
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Go tell your story. If you truely were goin 10miles over the speed limit then be truthful and respectful. Dress nice, bring notebook and papers. I have gotten out of two tickets that way. I got one ticket for going 75 on a highway off ramp that was supposedly a 35. Cop had someone else pulled over and literly jumped infront of my car and then magicaly told me he had me on radar. I was in my old Protege, so I was fully prepared to explain that the pure physics of whipping around the corner of an off ramp at 75 in that car just wasn't possible (not going to be able to pull that with the MCS). Judge took one look at me, saw I was perpared with a good argument, and let me off, no ticket at all. Cops make "mistakes" especialy at then end of the month.
If the officer got you on radar doing 57, then you were going 57. There is no ifs ands or buts about it. Unless their radar gun was uncalibrated, which just about never happens and is almost impossible to prove.
You're best hope is to go to court, tell the judge that you are young and made a mistake, and you won't do it again. If you have the chance to goto a safe driving class before court do that as well. Show that to the judge your certificate of completion, so that they might be more inclined to believe you are trying to not speed. Your only goal is to get the points off, the fines you will be paying just about no matter what. Don't bother going the "I wasn't going that fast route." The officer will turn to the policeman and ask how fast you were going, and you will lose.
i need it to be dropped down to a speeding ticket. 20+ over in this state is a class one misdomener. but since i was on a military base i have to go to a fedral judge.
of what you were sited for. I got pulled over for a NASTY drag race ticket (Wasn't dragging whole other problems with the citation) and because the penalties were so severe for what I was cited for, I got a lawyer and it was the best money I'd ever spent.
Cops are by definition "experts" in the speed you were going and the like, so the "I wasn't goint that fast" rarely works and can be a heap of trouble.
Here in CA, since our courts are so full, first time offenders often get the option of taking a reduced penalty for just writing a check. You mentioned you were on an army base, this may be a federal ticket... Not a state one.
If the officer got you on radar doing 57, then you were going 57. There is no ifs ands or buts about it. Unless their radar gun was uncalibrated, which just about never happens and is almost impossible to prove.
Good luck.
Go to court. You can always hope that the cop who issued the ticket doesn't show up. This happened to me in my one court appearance many years ago. I got off with a scolding from the judge, no ticket/points. (I remember - he told me to "watch my P's and Q's" - I just said "yes, your Honour", and "thank you, your Honour" when I was really thinking "what the f*** are you talking about??" LOL!). But I'm guessing that a "reckless driving" ticket will have a better chance of a cop's attendance than a simple speeding ticket (which is what mine was), though.
If he does show up, you're screwed. You're objective at that point is damage-limitation. Just be polite and respectful and don't try to make excuses. Forget the "I wasn't really going that fast" thing. Something like "It was a nice day, traffic was light, I was watching the road but I just didn't notice the 35mph sign, I'm sorry" might work. Judges often lower the amount of fine/points for first-time offenders. You have to just hope the judge is in a good mood.
A reckless driving conviction could be brutal on your insurance rates, so it's certainly worth a try! Good luck.
on my insurance and my security clearence oh and my navy career. Trust me the cop will be there she was bn a total b***h and i filed a complain about it. she auctley got mad at me because i didnot pull over right away an a road that had no shoulder
AkFarina if you "know" you were not going that fast then have the speedo checked and calibrated. If there was a issue with the speedometer the judge will usually bump the ticket to faulty equiptment. I would not recommend bringing up the officers atitude to the judge as they get complaints all the time just for pulling people over so the judge won't hear it. I know officers that can be real jerks esp over speeding, not much you can do. BTW the old reschedule the court date doesn't work anymore as the court then checks for the next time the officer is known to be in court.
I would
1 get the speedometer checkd by a shop. If it is off and needs to be calibrated then get the before and after sheet and get it fixed.
2 talk to the officer the day of court and ask for a reduction. BE POLITE to both the judge and office. Yes sir and no sir go a long way. Explain any life issues such as negative impacts to your job. Bring up your spotless driving record if you have one. If you have a lot of tickets DON'T bring it up.
3 take a driver improvement course before the date (esp if the calibration did not pan out or you have other tickets).
4. Check to make sure the 35mph road sign is legal and make sure the officer wasn't hiding. All signs in VA have to have a dot sticker approved on the back. Go look at the sign. If it is knocked over or obstructed take a picture...take several and report it to VDOT or the base if it was on base. I have seen people beat tickets on this and due to improper placement of signs I.E. ten feet off the side of the road. As for the officer in VA (might be diffrent for base police) they can't be behind a sign. They can be in the medium or in a turn around but not hiding in a bush.
5. if you are really really concerned due to your driving record get a lawyer.
Q: What is the difference between a DD Form 1408 traffic ticket and a DD Form 1805 traffic ticket?
A: A DD Form 1408 (Armed Forces Traffic Ticket) can be issued to military service members, dependents, government civilians or government contractors. DD Form 1408 tickets are issued to operators of government vehicles for all traffic violations and to the above listed personnel for violations that are specific to Fort Sill such as talking on a cell phone while driving. Commanders and Civilian Supervisors are the deciding authority on DD Form 1408, not a Federal Magistrate. Traffic points from DD Form 1408 are assessed by your commander, commander of the military family member's sponsor or civilian supervisor and can result in suspended driving privileges on Fort Sill.
DD Form 1805 (United States District Court Violation) can be issued to anyone except operators of government vehicles and are for traffic violations that have monetary fines or require mandatory court appearances in Federal Magistrate’s Court. On receipt of the report of action taken from the U.S. Magistrate Court, the Provost Marshal assesses the number of points appropriate for the offense, and records the traffic points or the suspension or revocation of driving privileges on the person's driving record. Points will not be assessed nor will driving privileges be suspended or revoked when the report of action taken from the U.S. Magistrate’s Court indicates that neither disciplinary nor administrative action was taken.
Q: When I receive a DD Form 1805 who decides which traffic offenses are mandatory court appearances and which are monetary fines?
A: The Federal Magistrate makes this decision. The Federal Magistrates reviews the list of traffic offenses annually and makes any revisions based on changes in traffic laws.
i dont have any tickets only two axidents both not my fault. Can cops have all there light off in this state. Im conserned that if im charged ill loose my security clearence get kicked out of the navy and not be able to pay for the mini any more:(
Man, I too just got a "criminal speeding" ticket here in AZ at the beginning of the week...very similar to yours 60 in a 35. It's a road that should be a 40 or 45, just based on the traffic flow...but hey I don't set the speedlimits. Wasn't aware of my speed as no one else was around me.
I'm 22, never had a speeding ticket in my life. Like you, I don't know what to do about it, and I've been upset about it all week. My court date is in 2 weeks, and as its a criminal offense, i must plead guilty, not guilty, or no contest. I cannot afford to have the points on my license, I will gladly pay the fines though. Hope I can just get traffic school, or have the ticket lowered to a civil offense. Don't even know how to go about asking for that though.
Everyone says "get a lawyer." For a speeding offense like this, does anyone know how much a lawyer will cost me?? If its a couple hundred then I'll go that route I guess...
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I got a criminal (minimum 6 month suspension, up to one year in jail, min $1000 fine) drag race ticket lowered to an "unsafe start" by a lawer, and it cost $2000.
When you're talking lawyer, it's not cheap so make sure that the penalty you're trying to avoid is worth the expense.
Also, if we kicked each and every person out of the military for a speeding ticket, we wouldn't have a military. But for your own piece of mind, start finding out information about this.
I'd try and find out what the damage will be if you plead guilty versus what it would be if the judge reduces the charge to the next lower one (which they may do if you look nice, take a driving course, say yes your honor I'll never do this again honest). If the damage is severe consider a lawyer. FYI a DUI in the Navy is now grounds for discharge (zero tolerance) which is new. My stepsons are in the Navy. There are a lot of those things.
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it wouldn't be the speeding ticket that would get me kicked out. It would be them stripping my security clearance. Without that I cant even get into my building.
NBSR
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