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Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 38364
Experience:  Run my own practice.
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Hello, I got the reckless driving ticket for speeding. It

Resolved Question:

Hello,

I got the reckless driving ticket for speeding. It is 70 on 35 speeding but the claim is not right because:
- I don't believe I was driving that fast. This happened on Interstate where speed limit was 65. I stopped at toll plaza to swipe my credit card and while I was leaving toll plaza, I got the ticket. Cop mentioned that I was driving at 70.I don't know how possibly I can go from 0 to 70 in 100 feet distance from toll plaza. I have sports car but still I don't think that i was driving that fast. Officer didn't specify his speed measuring technique.
- I took driving improvement program that gave me +5 points
- I have total -4 points. I got 2 speeding tickets this year and one 3 years ago.

I want to go to court without lawyer. Can you please give me some pointers on defending my case? Shall I plead as guilty and request judge to convert my ticket in speeding ticket or shall I plead as not guilty and defend my case?

Thanks,
Sam
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Dimitry K., Esq. :

Thank you for your question. Please permit me to assist you with your concerns.

Dimitry K., Esq. :

Sam, other than your belief that you were not speeding as quickly as stated, do you have evidence that you weren't speeding, such as a video camera in the car?

Dimitry K., Esq. :

Also, did you get a reckless ticket or a speeding ticket, or both? I ask as they are both somewhat different to defend against

Dimitry K., Esq. :

thank you!

Customer:

Thanks. I got the reckless ticket by speed.

Customer:

Do you have any more questions to answer my question?

Dimitry K., Esq. :

Reckless driving is far harder to fight than simple speeding tickets

Dimitry K., Esq. :

The best suggestion here is to go out to the location where you were cited and take images of the signs and the roadways

Customer:

okay, I will do so.

Dimitry K., Esq. :

then show as to how and where you were pulled over, and explain that what you were cited for is not possible. Make sure to take images of the signs, especially signs denoting speed

Dimitry K., Esq. :

Pleading guilty is unwise

Dimitry K., Esq. :

Pleading not-guilty is always the first step, changing the plea can always be done later. But pleading guilty takes away the claim that you are not guilty of the offense.

Customer:

okay.

Dimitry K., Esq. :

Hope that helps. Is there anything else I can clarify for you at this time?

Customer:

Anything else I can tell judge to strengthen my case? Shall I take printout of my credit card statement which shows that I stopped at toll booth?

Customer:

How easy it is to convert reckless driving ticket to speeding ticket you think?

Customer:

Do I need a lawyer for my case?

Dimitry K., Esq. :

Let me answer each of those in order.

Dimitry K., Esq. :

Anything else I can tell judge to strengthen my case? This is a situation where it is your word against the officer, and your past record does not help you. This is why showing how the alleged driving took place is your best option.

Dimitry K., Esq. :

Shall I take printout of my credit card statement which shows that I stopped at toll booth? That is a good piece of evidence, provided that you can show that you came to a complete stop.

Dimitry K., Esq. :

How easy it is to convert reckless driving ticket to speeding ticket you think? Very much depends on the judge, the officer, and your past record. If you appear, it is possible to get the judge to agree but the officer would be the better bet. This is why appearing in court 30 minutes prior and asking for a plea is likely a better option.

Customer:

Can you elaborate on what you mean by asking for plea?

Dimitry K., Esq. :

Do I need a lawyer for my case? For your case, it would likely be very useful. Since this is reckless driving and you already have a record that is not clean, it would be better to get an attorney to come with you.

Customer:

What might be the worst case scenario here?

Dimitry K., Esq. :

Asking for a plea means that you ask for aplea deal--you agree to lead guilty to a lower offense or fine and he agrees to remove the higher offense. So he may remove reckless driving and you agree to plead guilty to speeding of 10 and over (as an example)

Dimitry K., Esq. :

§ 50-2201.04, if found guilty, gets you 12 points on your license

Customer:

oh, you said that I should not plead as guilty right

Dimitry K., Esq. :

right

Customer:

I am confused

Dimitry K., Esq. :

What is your confusion?

Customer:

you agree to lead guilty to a lower offense or fine and he agrees to remove the higher offense. So he may remove reckless driving and you agree to plead guilty to speeding of 10 and over (as an example)

Customer:

if I don't plead guilty then what would I do in plea?

Dimitry K., Esq. :

Then you plead not guilty

Dimitry K., Esq. :

but pleading for a lesser offense avoids going in front of the judge and havinga judge either uphold or dismiss the ticket outright

Customer:

ah ok

Dimitry K., Esq. :

and there, it is harder to predict how a judge would rule--most tend to uphold the citations

Customer:

so I should go 30 minutes prior

Customer:

in court and meet with judge or somebody else?

Dimitry K., Esq. :

yes you should, but consider getting an attorney. reckless driving has a potential jail sentence component to the penalty.

Dimitry K., Esq. :

You can be exposed up to a $500 fine and up to 3 months in jail for a reckless driving conviction in DC

Dimitry K., Esq. :

And that is just a first time offender.

Customer:

This happened in VA

Dimitry K., Esq. :

In VA reckless driving is a class I misdemeanor

Customer:

what does that mean?

Dimitry K., Esq. :

the penalties are higher. In VA the potential penalties can include jail time, suspension of driving privileges, and a fine of up to $2,500

Customer:

Can I appeal against court sentence?

Dimitry K., Esq. :

There is a risk of having your license suspended for 6 months, and a jail sentence of up to 1 year

Dimitry K., Esq. :

yes, you can appeal, but it is expensive

Dimitry K., Esq. :

and usually no more than 15% of all appeals are granted favorably

Dimitry K., Esq. :

getting this resolved early and quickly is in your best interest.

Customer:

My court date is day after tomorrow. Can I ask for extension by going to the court?

Dimitry K., Esq. :

You can ask for a continuance but it would be at the court's discretion to grant it.

Customer:

ok thanks

Dimitry K., Esq. :

You are most welcome. Good luck to you and please be well.

Dimitry K., Esq. :

Try to contact the clerk tomorrow to see if you can reschedule.

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 38364
Experience: Run my own practice.
Dimitry K., Esq. and 4 other Traffic Law Specialists are ready to help you

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