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  1. Reckless Driving: Re: Court Outcomes for Reckless Driving in Hanover Va

    I agree with flyingron here. I was at the end of a docket a few weeks ago, and I watched several cases. The clean driving record is key, bring as much documentation you can to corroborate everything....
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    Yeah, I was lucky. I wish my attorney worked a little harder in the General District Court, but this was a lot better than any protracted legal mayhem. Especially since I live pretty far away from...
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    Sorry for my delayed response. Anyway, I decided not to fight the statute on Constitutional grounds and instead made a plea to the court. I got the 86/70 dropped to an 80/70 speeding.

    I will tell...
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    ...bump this thread? Has anybody developed anything relevant?

    I'm going to court on this April 6th.
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    ...bump this thread? Has anybody developed anything relevant?
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    --------------

    And again, PLEASE SUGGEST ANYTHING TO HELP ATTACK THIS LAW.
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    That's exactly what a criminal law attorney I consulted said. His argument was centrally "How is 80 MPH reckless, with modern cars, modern tires, and the conditions as they were."

    - A note,...
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    This law is not rationally related to the state's powers. The state cannot regulate whatever they want in any way, there has to be a rational basis for this: the state has to prove that in each...
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    Then you should know I was convicted under the statute I quoted.



    This is not a groundless assertion. The statute says you are guilty of DRIVING RECKLESSLY when you drive 80 MPH. That's the...
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    No, I was convicted under 46.2-862 for going 86MPH in a 70MPH zone -
    " 46.2-862. Exceeding speed limit.
    A person shall be guilty of reckless driving who drives a motor vehicle on the highways in...
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    To "flyingron" and "blewis":
    I think you guys are right on the money with the arguments that I'd be encountering.

    My argument is going to rely on jurisprudence from VA detailing convictions for...
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    Appeals: Re: How to Appeal a Reckless Driving Conviction

    You're right, and thank you for your response.

    (1) The appeal was timely filed.

    (2) I didn't waive the trial - I hired an attorney who represented me in absentia (without me being present).
    ...
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    Appeals: How to Appeal a Reckless Driving Conviction

    My question involves a reckless driving by speed ticket from the State of Virginia. I plan on filing an appeal to contest the Constitutionality of the law.

    It is my belief that a finding of...
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