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  1. #1
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    Jan 2009
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    Default Reckless Driving: Speed Too Fast for Conditions

    I was recently ticketed for "Reckless Driving: Speed too fast for conditions". There was no accident involved, it was raining heavily. There is no posted speed on my ticket, but I know it's still reckless driving. I have an Drivers license from another state but I'm military.

    My question is what are the typical convictions? Is there anything I can do to help my chances of getting a lesser conviction?

  2. #2
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    Default Re: Reckless Driving: Speed Too Fast for Conditions

    BTW, this was in Portsmouth, VA.

  3. #3
    Join Date
    Jan 2006
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    20,727

    Default Re: Reckless Driving: Speed Too Fast for Conditions

    how fast were you driving and what was the speed limit, Yes, there is a speed limit. All states have them. If it was not posted, it is most likely controlled by a default limit within the statutes of your state. They are generally determined by the type of road involved and since I do not have that info, I cannot tell you what it is.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  4. #4
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    Default Re: Reckless Driving: Speed Too Fast for Conditions

    Quote Quoting jk
    View Post
    how fast were you driving and what was the speed limit, Yes, there is a speed limit. All states have them. If it was not posted, it is most likely controlled by a default limit within the statutes of your state. They are generally determined by the type of road involved and since I do not have that info, I cannot tell you what it is.
    I'm sorry I should have clarified. Their was no posted speed on my ticket (i.e. going 70 in a 55). The speed limit was 45 and the officer made mention of me speeding but didn't clarifty any more then that. I'm almost positive he didn't have me on radar and the only way he would have gotten my speed was by pacing.

    Hope that helps.

    I requested a copy of my clean driving record from the DMV and I'm going to get a lawyer, just wondering what you or other people with experience have seen in similar cases.

  5. #5
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    Jan 2006
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    20,727

    Default Re: Reckless Driving: Speed Too Fast for Conditions

    so, how fast were you going?. What was the traffic like?.

    Generally, you do not get pulled over for not speeding. The "too fast for conditions" although applicable any time the officer wants to make that determination, there is generally more than just that.


    Without any more info, it is not possible to determine of the charge is justified or not.




    § 46.2-861. Driving too fast for highway and traffic conditions.
    A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.
    § 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.

    § 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.
    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.
    OUCH!!!
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6
    Join Date
    Jan 2009
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    Default Re: Reckless Driving: Speed Too Fast for Conditions

    Quote Quoting jk
    View Post
    so, how fast were you going?. What was the traffic like?.

    Generally, you do not get pulled over for not speeding. The "too fast for conditions" although applicable any time the officer wants to make that determination, there is generally more than just that.


    Without any more info, it is not possible to determine of the charge is justified or not.










    OUCH!!!
    I wasn't blowing by traffic, but I was passing it on the left lane, I'd say maybe around 60, but I wasn't looking at the speedo at the time.

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