I must have faith in our legal system

peppy · 12-23-2010, 05:14 PM

No radar detector would have helped me last night. Getting on I85 south a Va state police is about 200 yards behind me. I get on the interstate set cruise at 75 mph I see the state man get on I85 and charge up behind me.
Blue lights and I get a ticket for 82 in a 70, reckless driving. He said he paced me. This all took place in 3 tenths of a mile.

How the heck can I defend this, I had my car calibrated today and the speedo is slow.

pwd72s · 12-23-2010, 05:17 PM

For this one, I'd say you need legal help...a lawyer experienced with traffic court...

drcoastline · 12-23-2010, 06:28 PM

If you can get the mechanic that calibrated the speedo to testify you stand a chance. Unfortunately I have to say don't have faith in the legal system it has long ago abandoned doing the right thing in favor of lawyers profits. you would be better off getting involved with the mob.

Buckterrier · 12-23-2010, 06:33 PM

Sorry to hear Peppy, that sucks. Save yourself some coin and just write a letter to the DA in your district. DON'T say you were speeding. Just state the circumstances and ask for mercy.

Ask me how I know.

Jagshund · 12-23-2010, 06:57 PM

VA cops suck man boob. Really. I wish you the best of luck but you'd be better of confessing to McCarthy than fighting those wieners.

pwd72s · 12-23-2010, 06:59 PM

Quote:

Originally Posted by drcoastline

If you can get the mechanic that calibrated the speedo to testify you stand a chance. Unfortunately I have to say don't have faith in the legal system it has long ago abandoned doing the right thing in favor of lawyers profits. you would be better off getting involved with the mob.

In the case of traffic court? Less about Lawyers profits, ALL about "enhancing revenue" for the Govt. And to a secondary amount, insurance companies who raise rates when you get tickets...

drcoastline · 12-23-2010, 07:24 PM

pwd72s-

I agree all about enhancing government revenue. But the judge is a lawyer, the prosecutor is a lawyer. Often the penalties require hiring a lawyer. The laws are not set up to protect the public they are set up to put money in lawyers pockets.

Porsche-O-Phile · Porsche-O-Phile's Garage

+1 to the above.

Suck it up and hire a lawyer.

Unfortunately, these sorts of stories will only become more common as local governments get more and more desperate and cash-strapped to try and afford the luxuries they've gotten used to for years, funded by the "War on Drugs" and other nonsense.

Ever wonder how every two-horse town in America can afford a fleet of shiny new cruisers with fancy light bars, an armory full of "tactical" gear, paramilitary style training for its officers, advanced weaponry, etc? The answer is "they can't". Now that reality is coming home to roost, the PDs don't want to give up the toys and the ego-stroking, so they're sticking it to the working folks, just like in Russia or Mexico - I wouldn't be surprised at all to see it become commonplace to start seeing them expect cash handed to them on the spot to make "violations" go away, just as is commonplace in those other countries.

It's sad - I grew up in a society where the police were the good guys. That's definitely changing. Now it's a big self-serving fraternity that feeds off keeping the general populace in fear of them and the politicians they answer to.

1990C4S · 12-24-2010, 04:53 AM

The reality is you were speeding. The speedo issue is a red herring because what you thought you were doing is interesting, but not really relevant.

What is the 'reckless' charge for? Just related to the speed you were traveling at?

roadhog · 12-24-2010, 04:58 AM

When I was in Va in the early 80s they did indeed have a law that allowed a onetime defence reducing a ticket to faulty equipment,with a letter from your mechanic.

It is also my experience that you won't get far without a lawyer.

Rick Lee · Rick Lee's Garage

Traffic court in VA is pretty easy. You pretty much get a hefty discount just for showing up and you were below the reckless threshold. RD's work especially well in VA because they're illegal, so the cops use antiquated equipment and leave it always running. But they're not good at night with a cop behind you. Tap your brakes then and the cop knows you have a RD.

Porsche-O-Phile · Porsche-O-Phile's Garage

I actually don't care (too much) that he was technically speeding. These threads always seem to bring out the holier-than-thou types that simply ass-u-me that Johnny Law is in the right and if you failed to conform, then you're automatically in the wrong. Reality is not so simple.

Consider how many speed limits are set arbitrarily. Now consider how many are set deliberately low in order to provide convenient places for revenue enhancement efforts to occur (yes, this really happens - google "New Rome Ohio" for more information). Now consider that even "legitimate" speed limits that were established by professional engineers in accordance with industry practices are suspect - with each passing year, cars get better - suspensions, tires, handling, stability control, etc. all make cars much safer and more capable at higher speeds than their older counterparts. Can you seriously claim that a speed limit established in 1970 based on the latest-and-greatest technologies and vehicle performance parameters then can even remotely compare with today? And also consider the drivers - yes, there are more distractions today (and laws to deal with those too) but beyond the sensationalist stories about so-and-so texting and driving off the road, by-in-large I suspect drivers are statistically MUCH better trained overall today (virtually everyone has had some sort of formal course or training - this wasn't the case years ago).

So even though the O.P. might have been technically speeding, there is almost always more to the story. Yeah, the rule says "if you go faster than the number on the sign, you're breaking the law" but that seems extremely ham-fisted and onerous when you get right down to it. I say we as motorists need to start pushing back against this kind of nonsense en masse and demanding that the standards be updated periodically and that interpretation of what is proper, safe and prudent with respect to vehicle speed cannot be just distilled down to a one-size-fits-all number under all circumstances. The current system ONLY benefits the coffers of "the system" - any safety benefit is a largely-unintended consequence of those revenue enhancement goals.

If one really wanted to maximize efficiency (rather than revenue) might it make sense to have different categories for vehicles (such as is done with aircraft) and have the maximums/operating limits based on THAT as a factor as well? Let's face it - a 1972 Buick isn't going to perform or be as safe at a given speed as a 2011 BMW M5. Why should they be held to the same standard? Currently the ONLY separate categorizations I've ever seen are for trucks vs. cars and vehicles towing trailers. That's it. Fair? I think not.

pete3799 · pete3799's Garage

You don't state what car you where driving......not that it should make a differance, but it will.
If you knew the cop was behind you why set the cruse at 5 MPH over the limit?
I'd rate VA. cops number 2 on speeders right behind number 1 OH. A lot of states won't even look at you for 5 over but VA. isn't one of them. Good luck.

sailchef · sailchef's Garage

Quote:

Originally Posted by pete3799

If you knew the cop was behind you why set the cruse at 5 MPH over the limit?

I agree, thats flirting with danger. You pushed the law, the law pushed back. I'm not condemning or condoning your actions, I learned a long time ago to give the police a wide bearth.

peppy · 06:46 AM

Technically speeding yes, 73mph in a 70 mph zone. Reckless driving in Va. is anything over 80mph.

The point is I knew the cop was behind me, and I was not going 82mph.

I was driving the TDI, for me to reach that speed in 3 tenths of a mile he would have also written me for being a gross polluter.

9dreizig · 12-24-2010, 06:54 AM

Hire a lawyer and head to court.. Hope for a reduced sentence...

1990C4S · 12-24-2010, 07:29 AM

Quote:

Originally Posted by peppy

I was driving the TDI, for me to reach that speed in 3 tenths of a mile he would have also written me for being a gross polluter.

I smell a 'My Cousin Vinny' moment.....

Por_sha911 · Por_sha911's Garage

Unless the hit to your license and insurance will kill you, the cost of a lawyer and traffic court will be higher than just paying it. Its your word against his... Right or wrong, he will win unless you want to play the game (request reschedules...). Check and see if your Insurance company gives you a free pass for the first ticket in X years... Go to court and plead for a lowered sentence (or just pay court costs) in lieu of a good driving record. Most times they just want to see the money... In NC they have "prayer for judgment continued". Does VA have something along these lines? You don't need a high priced lawyer to do this.
That said, if you have a bad record then lawyer up.

peppy · 12-24-2010, 08:02 AM

I have a clean driving record, but the reckless charge caries 6 points and an automatic 30 day suspension when Va. sends the conviction to NC.

The issue I have is the policeman made a mistake, it happens but I can't prove it.

asphaltgambler · 12-24-2010, 08:33 AM

I live in Va and have been through this - Your veh should have a speed sensor in the trans output shaft area - remove the connector or pull one wire out of the connector - take it to a ASE certified tech/shop and tell them your speedo isn't working and (by the way) your check engine light is on (it will be).

Have them diagnose and repair the "problem" take that receipt to court = result will be defective equipment charge NOT a moving violation. Easy peezy. Been there / got a t-shirt