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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > USA - Mid-Atlantic > Speeding Ticket in Virginia-Please Help



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      03-23-2009, 06:42 PM   #1
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Speeding Ticket in Virginia-Please Help

Quick question,

I got a speeding ticket a few weeks ago, and have a court date coming up. Does anyone know if in Virginia if you ask the police officer to see the radar gun, if by law he does or does not have to show the gun reading to you? BTW, he wasn't a state trooper, just a local sheriff's deputy.

Thanks for the help
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      03-23-2009, 06:45 PM   #2
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Why don't you ask this in your regional forum?
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      03-23-2009, 07:02 PM   #3
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no here in IL. think thats nation wide answer, but maybe not
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      03-23-2009, 07:10 PM   #4
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its been my experience with speeding tickets and all types of tickets to try delay the system to the max, do anything to complicate the matter, move the dates, plead not guilty, dont accept temporary judges, if you can pretend you didnt receive the 1st notice and show up on a later date - do it, pay the ticket and contest it it later, whatever your local county will allow to make paperwork nightmare.


basically do everything you can to mess dates around and mix up the paperwork to the max

reason why? eventually 1 year later when your court date comes, 75% of the time the officer doesnt show (at least here in los angeles) and you get off free and get all your money back

rock on!
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      03-23-2009, 07:22 PM   #5
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jasons right. You can pay an atty to keep filing a continuance or you can do it on your own.
what was your speed?

VA has some harsh laws depening on how fast your going.
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      03-23-2009, 07:22 PM   #6
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jasonjm^ like the idea
and will prolly give it a try if I am in a similar situation
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      03-23-2009, 07:37 PM   #7
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Thanks for the quick replies, I appreciate it.

I was doing 73 on a state highway, speed limit dropped from 65 to 55 and he got me right at the transition point.
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      03-23-2009, 07:48 PM   #8
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if im not mistaken, 15 mph or over is reckless. if your a clean driver, you may be able to get off with deferred adjudication. if you cant get off anything, youll have to pay a fine and a defensive driving class. i think in VA you can take the motorcycle safety class instead of the driving class. good luck bro
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      03-23-2009, 10:23 PM   #9
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Ouch, sucks man. Try finding the superior court of the area that you got ticketed in, and they may have a website that shows what the laws are.

Good luck!
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      03-23-2009, 10:29 PM   #10
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I don't believe LEOs are under any obligation to show you the gun at any point. Their testimony about what the digits read would trump yours anyway.

Good luck. VA sucks for speeding. Get an attorney if you want real legal advice though.
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      03-23-2009, 10:29 PM   #11
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Quote:
Originally Posted by thetryal View Post
if im not mistaken, 15 mph or over is reckless. if your a clean driver, you may be able to get off with deferred adjudication. if you cant get off anything, youll have to pay a fine and a defensive driving class. i think in VA you can take the motorcycle safety class instead of the driving class. good luck bro
Thats not true. I got 1 ticket going 97 in a 60 (37 over) on a interstate road. Cost me 500 in lawyer and the judge made the ticket 360. So in total, it costed me 860 and I got 0 points. My next ticket was 65 in a 45. Got a lawyer for 70 and the ticket was reduced to 150 so that ticket costed me 220 with 0 points. Just got my 3rd ticket going 85 in a 65 (have to go and get a lawyer tomorrow). I hate all these fucking speed limits. Its not like I drive crazy, I drive at the speed I am comfortable at.

So my advise is for you to just find a lawyer in the area where you got the ticket and just hope for the best. As you see its hard to get points unless you do something really bad.
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      03-23-2009, 10:33 PM   #12
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Here in Orlando on the I-4 the speed limit is 55 - 60 and most people drive around 70-75, at least until you hit the traffic.
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      03-23-2009, 11:24 PM   #13
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You can ask a cop when his gun was last calibrated. It's worth a shot. He also has to have that info with him. He can't run into the car and get it.
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You sound like my buddies who have AMG's - Slam the gas, slam the brakes...
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      03-23-2009, 11:25 PM   #14
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Quote:
Originally Posted by e92335tt View Post
Thats not true. I got 1 ticket going 97 in a 60 (37 over) on a interstate road. Cost me 500 in lawyer and the judge made the ticket 360. So in total, it costed me 860 and I got 0 points. My next ticket was 65 in a 45. Got a lawyer for 70 and the ticket was reduced to 150 so that ticket costed me 220 with 0 points. Just got my 3rd ticket going 85 in a 65 (have to go and get a lawyer tomorrow). I hate all these fucking speed limits. Its not like I drive crazy, I drive at the speed I am comfortable at.

So my advise is for you to just find a lawyer in the area where you got the ticket and just hope for the best. As you see its hard to get points unless you do something really bad.
I'm comfortable going out naked into the public. Does that mean I should do it?

Some people think it's all about them and only them.... You've come off as a real snob. This is a country that has laws to keep EVERYONE safe. Welcome to the US. Be glad you don't have to deal with speed camera's in zones that are 35 and below.
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You sound like my buddies who have AMG's - Slam the gas, slam the brakes...
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      03-23-2009, 11:34 PM   #15
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A little Google pulled this gem:

http://www.speedingticketcentral.com...n-legends.html

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Urban Legend #1

“The officer refused to show me the reading on the radar gun. There is no proof of my speed so I cannot be convicted.”

There is no law in any state that requires an officer to show you the reading on the radar or laser gun. Most jurisdictions discourage this as a matter of safety. If the officer does show you, it is a courtesy only. If the officer says you were speeding that is all the proof the judge needs to find you guilty. Most courts will accept a simple visual estimate by an officer without speed detection from any device.
That sounds about right. I suppose some may show you the speed on the radar if you ask, but here in VA, probably most won't. Reckless driving is 20+ over the limit or 80+ mph regardless of the limit. The LEO must write it up as reckless driving, though -- they can give you a bit of a break and just write it up as speeding.

For 80+, cops generally write reckless driving tickets. For 85+, you get a suspended license, and for 90+, it's jail time. Tons of cops and they don't f--k around with speeding in VA. Plus, radar detectors are illegal.
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      03-23-2009, 11:55 PM   #16
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I used to live in Fairfax...VA has some of the strictest traffic laws in the country. Really crappy place to get a ticket That's why I love AZ (passed a police car hiding in the bushes going 90ish in a 75 and yesterday no ticket good luck man!
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      03-24-2009, 12:07 AM   #17
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Originally Posted by shift330 View Post
I used to live in Fairfax...VA has some of the strictest traffic laws in the country. Really crappy place to get a ticket That's why I love AZ (passed a police car hiding in the bushes going 90ish in a 75 and yesterday no ticket good luck man!
Aw man, that is good luck. The last time I was in AZ, I got busted going 90+ in a 75. I did get lucky in that the cop knocked it down to 85 (I guess being all humble and having my wife in the truck helped). I was later informed that if the trooper had kept it at 90+, I would have been introduced to the lovely accomodations at Tent City. I guess we're both lucky.

Oh, and one more thing: It's fucking HOT HOT HOT in AZ. I just had to get that off my chest.
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      03-24-2009, 06:42 AM   #18
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Quote:
Originally Posted by -=Hot|Ice=- View Post
You can ask a cop when his gun was last calibrated. It's worth a shot. He also has to have that info with him. He can't run into the car and get it.
Don't follow this advice. He likely won't tell you this either. Technically, you will have to file a subpoena duces tecums through the court to get this info from the officer, which is standard in legal discovery. So again, DON'T BOTHER asking cops anything! You will only annoy them, and you will stick in their memory when they file your report and even at the trial. You want to just "blend in" with all the other unmemorable traffic stops he had that day. The more details he remembers, the harder it will be to refute the case on cross examination. Elementary, Watson.
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      03-24-2009, 07:30 AM   #19
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I got a reckless ticket a couple years back in VA. 87 in a 65. Anything over 80 mph or 20 mph greater than the posted speed limit was RD at the time (don't know is its changed now). I don't know about the whole radar gun situation but at the time my record was clean and simply going to court, the judge reduced the fine and the points didn't transfer. Just so you all know anything over 90 in VA is automatic jail time! Be careful out there
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      03-24-2009, 08:09 AM   #20
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Quote:
Originally Posted by wakeboarder109 View Post
I got a reckless ticket a couple years back in VA. 87 in a 65. Anything over 80 mph or 20 mph greater than the posted speed limit was RD at the time (don't know is its changed now). I don't know about the whole radar gun situation but at the time my record was clean and simply going to court, the judge reduced the fine and the points didn't transfer. Just so you all know anything over 90 in VA is automatic jail time! Be careful out there
Dont you guys have the $1000+ ticket for VA residents that are going 20+ over now?
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      03-24-2009, 08:34 AM   #21
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That law was repealed after a big public outcry.
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      03-24-2009, 08:43 AM   #22
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I got a ticket a couple years back and went to Court for an appeal. The judge did not let a single person off the hook. Virginia is known for its conservative judicial process. May be you'll get lucky though.
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