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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41221
Experience:  Run my own practice.
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I have been issued a reckless driving summons in the state

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I have been issued a reckless driving summons in the state of Virginia. I was speeding at the rate of 87 in a 70 on I64 in Rockbridge County. I work for the railroad as a Manager or Signals was on my bluetooth taking a call to go on a crossing false activation call. I was comming down the road when the Virginia state patrol pulled me over and gave me the summons. I have proof that I was on the way to a railroad crossing troublecall for work. What Should I do?

Dimitry Esquire : Thank you for your question.
Dimitry Esquire : Please allow me to assist you this evening.
Dimitry Esquire : Are you currently online with me?
Customer: yes
Customer: hello
Dimitry Esquire : Hi, please do not attempt to rate the answers as yet since no response as yet been provided.
Customer: ok i will not now
Dimitry Esquire : I have reviewed your situation.
Dimitry Esquire : This wasn't an emergency call, was it?
Customer: it was an emergency call when the gates and flashers on a railroad crossing are down especially here cars start to go around the gates but at this crossing there are two tracks and a train could come and hit a car going around the gates
Dimitry Esquire : I am asking because technically even in an emergency parties still cannot speed. It just gives a valid excuse for the excessive speed which the courts could use to attempt to mitigate or cancel and fine.
Dimitry Esquire : If it was an emergency that could arguably affect the lives and safety of individuals, bring that evidence with you to show the judge.
Dimitry Esquire : While it is still not technically permitted (as I explained above), it is a very good justification for excessive speeding.
Customer: would my companies ticket that we create when an incident occurs that shows the course of action work plus pictures of the crossing I was headed to myself justify as evidence in this matter?
Dimitry Esquire : Yes, it would.
Dimitry Esquire : That is considered a 'business record' and is admissible in court
Customer: I also do have a letter signed by the federal government that shows that if I have to go around police lines or traffic stops to go to a call I am allowed would this be a valuabel asset to have on this as well?
Dimitry Esquire : Absolutely!
Dimitry Esquire : That is extremely important piece of information that you can use to show that you were 'justified' in speeding.
Dimitry Esquire : The term 'justification' is legal in this case--it means that while you were violating the law, you had good cause to do so.
Dimitry Esquire : That is different from an 'excuse', which is a specific situation giving rise to a potential suspension of regulations.
Customer: I understand that but I just have to have the evidence to prove that I was violating the speed for a good cause not just a joy ride
Dimitry Esquire : Correct, in this situation you aren't claiming that you weren't speeding, merely you had good justification to do so
Dimitry Esquire : and base it on your past record and your emergency call.
Dimitry Esquire : Does that make sense?
Customer: My thoughts were that if I had the incident ticket created for this crossing as well as pictures of the crossing with the two tracks and this letter and the fact that I have never recieved a speeding ticket in 13 years I would assume that this would make a good case.
Dimitry Esquire : It would but in your case it may be a bit overkill.
Customer: overkill as in?
Dimitry Esquire : The past record is not really useful unless you are seeking to plea bargain
Dimitry Esquire : Past record does not mean you weren't speeding this time, it may simply temper or lower the fine, which isn't your goal.
Dimitry Esquire : It is good evidence but not exactly on point.
Dimitry Esquire : The ticket is very important.
Dimitry Esquire : Pictures of the crossing and the letter are likewise important
Dimitry Esquire : I was simply discussing your past record as overkill, I do not see it as being substantially useful in your situation.
Customer: should i have it or not?
Dimitry Esquire : you can brng it if they refuse to honor your letter and your reasoning, but that is unlikely.
Dimitry Esquire : upon hearing that you had a right and a need to get there quickly and right-thinking judge would dismiss the ticket
Customer: ok i appreciate your help Virginia is a bad state to get reckless driving in especially with my job
Dimitry Esquire : I grant you some judges are not
Dimitry Esquire : reasonable
Dimitry Esquire : but even they tend to not balk at official reasons for speeding.
Dimitry Esquire : This is why, for example, ambulances are likewise generally permitted to speed if they had cause to do so.
Customer: ok thanks for the help makes me feel better
Dimitry Esquire : You are most welcome, truly. Please let me know if I can assist further. Otherwise if satisfied, please do not forget to positively rate my answers to you. Thank you!
Dimitry Esquire : Sincerely,
Dimitry Esquire : Dimitry, Esq.
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