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Old 04-02-2015, 11:56 AM   #1
bimmerfan08
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Legal question regarding traffic court

So I received a ticket a month ago for doing 80 mph in a 70 mph zone by a state trooper in Emporia County, VA. My court date was this morning. I drove 2 hours from home to negotiate with the court my charge. Since I was 10 mph over, the charge is 4 points against my license and $121 fine. I arrived to court this morning and proceeded to the courtroom where I was asked to take a seat. I looked around and there were only 2 other individuals in there for traffic violations. The judge entered the courtroom, did the normal start, and then I was called to the stand. There were no arresting officers present. I handed the judge a copy of my driving record which was clean. The judge then asked me my reason for speeding and I wanted to interject politely and ask where my arresting officer was but I hesitated and decided to be honest about the situation. My speeding charge was dropped because of my clean record to defective equipment and I just had to pay a $60 fine with no other repercussions.

Should I have I asked where the officer was and why he was not present in court? I did some reading prior to my court date and read that many individuals have gotten off due to the officer not present and able to defend his/her side of the case so they plead not guilty. That said, I also read that many individuals did not get off and instead the judge/prosecutor levied a continuance of the trial to a later date. I would venture to guess if the officer did not have a valid reason for being exempt from court it would have been an automatic case dismissal for me yes?
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Last edited by bimmerfan08; 04-02-2015 at 11:57 AM.
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Old 04-02-2015, 12:02 PM   #2
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Old 04-02-2015, 12:04 PM   #3
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you're lucky you didn't get charged with reckless.

I just got a photo ticket in DC on 295. Bastards
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Old 04-02-2015, 12:06 PM   #4
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get a v12 benz and you can outrun the cops.
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Old 04-02-2015, 12:07 PM   #5
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In the state I'm from, you plead guilty, no contest, or not guilty on your initial date. Either of the first two and the court finds you guilty yata yata. If you plead not guilty the judges says ok, you've entered the plea of not guilty, here is your follow up court date where you will come back to defend yourself.
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Old 04-02-2015, 12:07 PM   #6
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You think a cop will always show up in court for every ticket he writes? He'd be in court all the time.
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Old 04-02-2015, 12:08 PM   #7
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the local cops where I used to live had a seized Shelby GT500 that they would drive up and down a 25mph road. They'd bust people all day trying to race.
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Old 04-02-2015, 12:08 PM   #8
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Quote:
Originally Posted by NOVAbimmer View Post
you're lucky you didn't get charged with reckless.

I just got a photo ticket in DC on 295. Bastards
I asked the officer when he wrote the ticket if it was considered reckless and he replied no. He then told me anything 81 mph and above is reckless.

Quote:
Reckless Driving (Felony or Misdemeanor)
Reckless driving - speeding in excess of 80 mph (11 years)
Reckless driving - speeding 20 mph or more above the posted speed limit (11 years)
http://www.dmv.virginia.gov/drivers/#points_6.asp
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Old 04-02-2015, 12:09 PM   #9
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I asked the officer when he wrote the ticket if it was considered reckless and he replied no. He then told me anything 81 mph and above is reckless.



http://www.dmv.virginia.gov/drivers/#points_6.asp
Ah, TIL. I thought 80 was considered reckless.
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Old 04-02-2015, 12:11 PM   #10
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You think a cop will always show up in court for every ticket he writes? He'd be in court all the time.
Well I also read they each have one appearance in court monthly for the traffic violations they issue. 12x annually is not a lot. They also get paid overtime to go to court.
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Old 04-02-2015, 12:15 PM   #11
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If the officer doesn't show up here you plead not guilty and that's it. You're freeeee
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Old 04-02-2015, 02:09 PM   #12
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Move to the midwest, no one gives a fvck about it around here. No speed cams, no red light cams, the speed limit is posted plus 10mph and even then people are flying by you.
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Old 04-02-2015, 03:43 PM   #13
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Where I live, the officer doesn't have to show up, all they need to do is submit a statement. You go to contest the ticket and it's your word vs the officer's word and you won't win. Frustrates the hell out of me.
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Old 04-03-2015, 07:38 PM   #14
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M3inline6, VaderDave, and AoG...don't hold out on me now.
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Old 04-03-2015, 07:43 PM   #15
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was this your arraignment or your trial?
should have pleaded not guilty
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Old 04-03-2015, 09:14 PM   #16
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You're lucky it was only $60. If you would have asked for the whereabouts of the cop, they would have rescheduled your court date. Long time ago I got a ticket near that area for 3x that much.
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Old 04-04-2015, 02:15 AM   #17
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Emporia, VA = speeding ticket guarantee. That bs town just sucks full of cops. I have counted 40+ cops just driving through that hole of a town. It is the worst ever. Just don't even think of speeding at all when driving through that area.
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Old 04-04-2015, 01:17 PM   #18
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Old 04-04-2015, 01:39 PM   #19
bimmerfan08
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was this your arraignment or your trial?
should have pleaded not guilty
Trial. Will know better next time. On a positive note, the trial is over and done with so aside from forking out $121 there are no other consequences.
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Old 04-04-2015, 03:15 PM   #20
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Trial. Will know better next time. On a positive note, the trial is over and done with so aside from forking out $121 there are no other consequences.
plus 4+ hours of your time, which we know isn't worth all that much given your salary

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