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  1. #1

    Default 66mph on 45 Zone in Virginia Considered Reckless

    My question involves a traffic ticket from the state of: VIRGINIA
    On the ticket it says :


    LAW SECTION: 82-1-6[46.2-878]
    "SPEED: GENERALLY"
    "66-45"

    Does this count as a reckless?

    I know in virginia its a reckless if its 20+ mph over, but it doesn't say reckless anywhere on the ticket. Also the box is checked and it says "you may avoid coming to court only if this block is check and all instructions on defendant's copy are follow".

    What are the instructions on the defendants copy?

    the officer just pulled me over, showed me the radar and asked for license and registrations, wrote the ticket, said have a nice evening -_______- then left........he didn't say or explain anything else.....

    should I go to court?
    HELP!

  2. #2
    Join Date
    Mar 2013
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    Default Re: 66mph on 45 Zone in Virginia Considered Reckless

    Quote Quoting sbnguyen5808
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    On the ticket it says :

    "SPEED: GENERALLY"
    "66-45"

    Does this count as a reckless?

    I know in virginia its a reckless if its 20+ mph over, but it doesn't say reckless anywhere on the ticket.
    Doesn't have to say the word "reckless."

    Your citation should have a statute number 46.2-862.

    Even if it doesn't, the wording of the statute makes it clear that 20+ over the limit is 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.

    Quote Quoting sbnguyen5808
    View Post
    Also the box is checked and it says "you may avoid coming to court only if this block is check and all instructions on defendant's copy are follow".

    What are the instructions on the defendants copy?

    the officer just pulled me over, showed me the radar and asked for license and registrations, wrote the ticket, said have a nice evening -_______- then left........he didn't say or explain anything else.....

    should I go to court?
    Call attorney first (right away) because reckless driving is Class One Misdemeanor Criminal Charge, punishable by up to 12 months in jail, up to a $2,500 fine, and a possible loss of your Virginia driving privilege for up to six months.

  3. #3

    Default Re: 66mph on 45 Zone in Virginia Considered Reckless

    Quote Quoting adjusterjack
    View Post
    Doesn't have to say the word "reckless."

    Your citation should have a statute number 46.2-862.

    Even if it doesn't, the wording of the statute makes it clear that 20+ over the limit is 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.



    Call attorney first (right away) because reckless driving is Class One Misdemeanor Criminal Charge, punishable by up to 12 months in jail, up to a $2,500 fine, and a possible loss of your Virginia driving privilege for up to six months.



    mine says LAW SECTION: 82-1-6[46.2-878]

    what does that mean?

  4. #4
    Join Date
    Mar 2013
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    Default Re: 66mph on 45 Zone in Virginia Considered Reckless

    Quote Quoting sbnguyen5808
    View Post
    mine says LAW SECTION: 82-1-6[46.2-878]

    what does that mean?
    The 82-1-6 is a Fairfax County ordinance that allows the County to adopt state laws and the 46.2-878 is the state statute authorizing the County to adopt state laws.

    Appears to have nothing to do with 20+ over the limit being reckless driving except that the county can apply the state statute for 20+ over the limit being reckless driving.

    So the advice to consult an attorney is still good.

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