Out of state tickets - VA resident question?: Off-topic discussion forum: Grassroots Motorsports Magazine

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Oct. 1, 2008 8:11 a.m. davidjs None

Hey all, long time listener, first time caller...

To clarify, I'm a Virginia resident, and "my friend" recently got a ticket for 21 mph over the speed limit on the way to the beach in Delaware.

If you're not aware, 20+ mph over the limit can be automagically considered "reckless driving" in virginia. There is also a 20+ mph speeding charge.

I have called the DMV (twice), and gotten both answers as to whether my out of state ticket would come across as an automatic reckless.

My personal reading of the (vague) law and even vaguer DMV website would think it's not, since I was not convicted of reckless driving, only of speeding, but I can't find a clear answer (if the ticket does manage to track me down).

Anyone have experience? Should I call the DMV for a tie-breaker vote?

Relevant DMV website - http://www.dmv.state.va.us/webdoc/citizen/drivers/points_assess.asp
Oct. 1, 2008 8:26 a.m. Xceler8x Reader

It depends on the reciprocity agreement between Delaware and VA. If they have one the ticket may follow you here. If they don't you could be golden.

Either way, I'd get a LOCAL lawyer and fight the ticket. I've tried to defend myself numerous times and it's just not possible. Play the game, pay the lawyer, take your chances which are decidedly better with a local lawyer on your side.
Oct. 1, 2008 8:28 a.m. davidjs New Reader

Xceler8x wrote:

It depends on the reciprocity agreement between Delaware and VA. If they have one the ticket may follow you here. If they don't you could be golden.

Either way, I'd get a LOCAL lawyer and fight the ticket. I've tried to defend myself numerous times and it's just not possible. Play the game, pay the lawyer, take your chances which are decidedly better with a local lawyer on your side.

They're both members of the compact, so theoretically the ticket could follow me. My problem is that I don't really care about the fine (or even the points for a speeding), I just don't want a reckless on my record, and I can't find a straight answer as to how it would show up, if it shows up.
Oct. 1, 2008 8:33 a.m. jrw1621 Reader

it is called The Legal System for a reason, your chances are much better if you work within that system and the first step is get a LOCAL lawyer.

You can find one with a goole search. For traffic violations like speeding tickets look for lawyers that specialize in DUI cases. These are the guys who spend time in traffic court.

In my experiences, I have never needed to travel back to the city where the ticket took place for a in-person appearence. The lawyer makes all the visits. This also involved a 92/65 in Ohio from a Highway Patrol Plane (notorously tough.) The potential rec-op charge and 4 points went to 2 points and looks like a 5 over violation. The $250 to the lawyer was well worth it an surely save me more than that in increased insurance not to metion any need to take time away from work to go to court.
Oct. 1, 2008 8:57 a.m. therex SuperDork

The thing is, you normally get charged with reckless at the scene. Even the "20 over" reckless would be given to you at the scene. I'd say (and IANAL) that you weren't charged with reckless in delaware, the DMV does not charge you with the criminal charge of reckless driving (the court does) and therefore you're fine.

However, you're probably going to get 6 points on your license for the 20+ infraction.
Oct. 1, 2008 9:01 a.m. CrackMonkey Reader

If the ticket was written as speeding, and not reckless, then it's just speeding. You pay whatever Delaware charges for speeding. Reckless and speeding are two different offenses.

In VA, I think simple speeding goes to traffic court, while reckless goes to criminal court. But, the ticket was from Delaware, so that's not an issue for you.
Oct. 1, 2008 11:31 a.m. Kramer New Reader

Are you sure 21 over is automatically reckless? I've heard rumors like this for years, but when my brother got a ticket for 113 in a 55, all he got was a speeding ticket. He was ordered to court, though. $200 fine and 2 months restricted license.
Oct. 1, 2008 11:49 a.m. John Brown SuperDork

The ticket is written for the offense. You can plead DOWN to a lesser but I do not believe that they can ADD a charge without cause.

I am not a lawyer, I am a speeder.
Oct. 1, 2008 12:04 p.m. SoloSonett Reader

In the "good old days..."
if one was 20 + over in the state of OHio , the arresting officer could jail the offender over night.

But in those days.. B. C. before computers... one could throw an out of state ticket in the trash!

I would if I'm still wanted in Beaver County PA?

Since 1976?

" Hey Beavis...I was wanted in Beaver ..hu uh...."
Oct. 1, 2008 1:52 p.m. CrackMonkey Reader

Kramer wrote: Are you sure 21 over is automatically reckless? I've heard rumors like this for years

I'm sure it is NOT automatic. The ticket, as-written, is what you have to worry about. They can't just add an offense that the LEO didn't cite. Can an officer cite you for reckless if you are >20 over the limit? Yes. But the LEO has to do so - not the judge after the fact.
Oct. 3, 2008 8:04 a.m. CoryB Reader

CrackMonkey wrote:

Kramer wrote: Are you sure 21 over is automatically reckless? I've heard rumors like this for years

I'm sure it is NOT automatic. The ticket, as-written, is what you have to worry about. They can't just add an offense that the LEO didn't cite. Can an officer cite you for reckless if you are >20 over the limit? Yes. But the LEO has to do so - not the judge after the fact.

Is 81 reckless in Delaware? That's what you probably have to be concerned about. But as stated elsewhere, if it's not on the ticket, you weren't charged with it. Get a lawyer anyway - it'll be worth it in the end.

And actually, in Virginia it IS automatic. 20+ over the speed limit OR 80+ mph is a reckless ticket - no questions asked. Even in the rare zone where the posted speed is 70 mph, 80 will get you a reckless ticket.

Welcome to the traffic hell of Virginia.
Oct. 3, 2008 10:02 a.m. davidjs New Reader

CoryB wrote:

CrackMonkey wrote:

Kramer wrote: Are you sure 21 over is automatically reckless? I've heard rumors like this for years

I'm sure it is NOT automatic. The ticket, as-written, is what you have to worry about. They can't just add an offense that the LEO didn't cite. Can an officer cite you for reckless if you are >20 over the limit? Yes. But the LEO has to do so - not the judge after the fact.

Is 81 reckless in Delaware? That's what you probably have to be concerned about. But as stated elsewhere, if it's not on the ticket, you weren't charged with it. Get a lawyer anyway - it'll be worth it in the end.

And actually, in Virginia it IS automatic. 20+ over the speed limit OR 80+ mph is a reckless ticket - no questions asked. Even in the rare zone where the posted speed is 70 mph, 80 will get you a reckless ticket.

Welcome to the traffic hell of Virginia.

They "can" actually cite you for non-reckless, but 80 is considered proof of reckless or something...

Good point on the ticket, since it wouldn't be a reckless conviction, it shouldn't come across as reckless.

I'll call a lawyer or two next week, just to see if I can get it knocked down a couple, in order to get 2 points less, but I'm not all that tied up about it...

// I'm just glad I didn't get the ticket in virginia...
Oct. 3, 2008 11:03 a.m. CrackMonkey Reader

CoryB wrote:

And actually, in Virginia it IS automatic. 20+ over the speed limit

While that may be true, the LEO has to cite you. You don't get charged with reckless at a later date, the ticket written will say "Reckless" on it.
Oct. 3, 2008 3:55 p.m. nasaregistrar Dork

CrackMonkey wrote:

CoryB wrote:

And actually, in Virginia it IS automatic. 20+ over the speed limit

While that may be true, the LEO has to cite you. You don't get charged with reckless at a later date, the ticket written will say "Reckless" on it.

Yep, got one once when I was a FL resident on a trip to PA. The ticket/points letter from FL was in my mailbox already when I got home. Got popped for 82 in a 60 I think it was.
Oct. 22, 2008 3:36 p.m. im2kool None

Any update on this?