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A friend got a nasty ticket on 95 in VA....

JudyH

JudyH

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and I said I would ask Tuggers advice. She wants to know if she should hire a lawyer. She lives in MD and lots of solitcitations from attornies have been arriving in the mail. The ticket is for being clocked at 92 in a 70 MPH zone in Sussex Co, reckless endangerment for having her 9yr old without a seat belt, and not having the car rental agreement actually in the car with her.

She is my father's caregiver. She was told she doesn't have to attend court, she can call after the the court date to find out what the fine is. I'm afraid the "fine" could include jail time or thousands of dollars, with out a lawyer.

Any ideas what to do?
 
Don't look to me for sympathy. I only hope she cares for your father better than for her child and herself. She needs an attorney.

Jim Ricks
 
You had better start looking for a new caretaker as she will be missing her driver's license for a good period of time --- if not residing in jail.

And my personal opinion is, DO NOT LEND HER MONEY for the lawyer! Some of those high speed fines can be over $5,000 plus court costs. As for the Child Endangerment charge, that is usually a felony --- indictable. She goes to court with or without a lawyer, she might need to post bond/bail to be released (after paying her fine in full) for that indictable offense charge.

You title has her listed as a "friend"; yet you state your relationship in your post as your father's caretaker. And it is tickets --- perhaps very ligitimately earned tickets.
 
I am not looking for sympathy or any advice other that what the system is like in VA. She deserves what ever she gets, but if she needs a lawyer she needs to be told to hire a lawyer.
 
She should probably hire a lawyer, and it's probably in her best interest to show up for court.

Driving more than 20 miles over the speed limit can get her 6 points on her license, which remain for at least 5 years, and could last as many as 11 years if they consider it reckless driving because it was over 80 MPH. I don't know what the reckless endangerment charge may carry as well.

I do hope there was some mitigating circumstance, but I agree with Jim. I'm not sure I would trust the judgement of someone who drives that fast with a 9YO in the car, let alone without a seatbelt.
 
If it were me, I think I'd at least consult an attorney on this one. She might be able to get the penalty lowered if she appears in court, but I'd want to talk to someone first.

You said:
She was told she doesn't have to attend court, she can call after the the court date to find out what the fine is.
Click to expand...

If the officer told her that, it probably means they aren't seeking jail time, but want money. If she has her own auto insurance company, she might want to talk with them (annonymously or not) to see what those repurcussions will be too.

She at least needs to find out what she can expect to happen. She's got a lot of responsibility requiring advance planning. No one likes this kind of surprise.

I got a speeding ticket in Virginia once (Caroline County) about 6 years ago, and ever since then I am super conscious of what speed I am going even if someone else is driving... especially while in Caroline County. They will never catch me speeding again! That ticket was for well over a hundred dollars and I got points on my record in Maryland which stayed there for 3 years, but my car insurance company had no reason to find out about it. They only would discover it if I subsequently had an accident and my record was checked.

I suppose getting a speeding ticket is not such a bad thing if it causes one to slow down and be more careful.

Keeping kids belted is whole another thing. Maybe that particular child needs to be in court with Mom to see that she's in serious trouble for it to sink in that the belt is to be worn. Some kids don't feel safe in a moving vehicle if they're not belted in. They wear a belt in an amusement park ride and they have worn a belt in the car since the day they came home from the hospital. Other kids don't seem to be imprinted like that. Not sure what the cure for that is... other than supervision.

Is it possible the child unbelted when the police stopped the car and popped up to look around? Was the child in the back seat? Technically, if the car was stopped when the kid was unbelted, the belt was not required...right?
 
Challenging the ticket and winning depends on if radar was used, where the officer was to determined you were speeding, properly wrote ticket, time of day, weather conditions and if the officer doesn't show up for court. If she feels she wasn't speeding she should challenge the ticket.

If she was speeding and they can't prove it she would win.

Because she didn't have her kid buckled up I would think she should get an attorney. She is not too smart,imo.
 
It's not uncommon for the judge to reduce the charges 1 "notch" in VA - if the offender was nice and polite with the patrolman, (depending on the judge). However, I don't know anyone who has also faced an endangerment charge. If it were me, I'd get a local lawyer who knew the local court system ~ Ron
 
Although these sound like civil infractions (no court appearance, fine to be set), "reckless endangerment" is one of those for which a DL suspension, if not worse, could be ordered.

In some states, if you want a hearing on a ticket, you have to affirmatively request one within a limited period of time. Check that out! If and when a court date is set, she should appear in court, at least to show that she's not just some name on a list.

In some places, if asked, Judges may allow a driving school in lieu of paying a high fine or getting points, but she needs to be present to make that request.

As for a lawyer: There are many who advertise no or low-fee initial consults. Given the potential consequences, she should see one, quickly.

---------------------
As for the hens clucking about the child not being restrained, the OP is not asking us to pass judgment on that, so why volunteer the moralizing? I suspect that her "friend's" conduct will be dealt with in due course and she will learn a very expensive lesson.
 
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www. dmv.virginia .gov


PDF

For your convenience,
the Virginia Driver's Manual is available online.
 
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Passepartout said:
Don't look to me for sympathy. I only hope she cares for your father better than for her child and herself. She needs an attorney.

Jim Ricks
Click to expand...

Definately!!
I would not want this irresponsible person caring for anyone in my family - not a parent and absolutely NOT my child or grandchild.

I wouldnt call the ticket "nasty" unless it was undeserved.
 
I'm going to guess that there is a VA/MD compact so that if bad things happen in VA they will affect her MD license. My experience is that if you ask for a hearing and show up you usually can get the police/court to agree to a "lesser" offense and penalty. She definitely should consult a local attorney. She also should slow down and make all occupants wear seat belts.
 
She needs to hire an atty in the county the ticket was issued--not a Maryland atty. The atty will most likely talk to prosecutor PRIOR to court date to explain the situation and attempt to get the charges reduced if she agrees to driving school (they have online courses), etc.--which is why she wants an atty from that county. DO NOT skip the court date and then call.
 
Cheryl20772 said:
I got a speeding ticket in Virginia once (Caroline County) about 6 years ago, and ever since then I am super conscious of what speed I am going even if someone else is driving... especially while in Caroline County. They will never catch me speeding again! That ticket was for well over a hundred dollars and I got points on my record in Maryland which stayed there for 3 years, but my car insurance company had no reason to find out about it. They only would discover it if I subsequently had an accident and my record was checked.
Click to expand...

Not necessarily true in all cases, but since 6 years have passed, you are probably fine. Also, since it was a different state. My son got a speeding ticket, and our insurance did not find out about it until a random check on all of us on the policy, just when the points were about to end from his ticket.
Therefore, our ins. went up for the next three years on him. He got the consequence, just belated.
 
A few points from my side:
1. If it were a felony, as suggested above, then she probably would have been arrested right then.
2. That 90 MPH mark is pretty important around here, might be there too. Since it was 92, I'd be looking to request the calibration history on the radar used. From what I've learned in the past, most are calibrated to +/- 3 mph, which may put her at 89 and change things (again, from what I know around here and a few years back)
3. I got a speeding ticket in VA last summer and was specifically asked, "will you be coming back to fight this ticket?". He asked me this before writing the ticket. I said "no chance". The ticket ended up being $275 for 73 in a 60. So, my assumption was, they were just in it for the money, and if I said yes, I probably could have gotten it lowered. (we were able to call in to a system a few days later for the fee)
4. Another vote for a new care giver.
 
elaine said:
She needs to hire an atty in the county the ticket was issued--not a Maryland atty. The atty will most likely talk to prosecutor PRIOR to court date to explain the situation and attempt to get the charges reduced if she agrees to driving school (they have online courses), etc.--which is why she wants an atty from that county. DO NOT skip the court date and then call.
Click to expand...

Having had a job-threatening ticket in another state, (it was dismissed without appearance) I concur fully with Elaine's opinion. While it's important to have representation, it's FAR better to hire an attorney who is familiar with the workings in the jurisdiction where the court appearance is to be held.

Check with the attorney, but IF an appearance by the OP's 'friend' is called for, show up. A contrite and apologetic demeanor is likely to go further toward her cause than belligerently claiming that the cop who wrote the complaint or his equipment is wrong.

I think that every state communicates with every other state- and certainly neighboring ones- about traffic, misdemeanor, and other convictions. Simply paying the fine- if allowed- is admission of guilt and on top of the fine will certainly result in a GIANT increase in her insurance rate for years, if she can get insurance at all. Count on a conviction for this as resulting in a major change in her lifestyle.

Jim
 
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JudyH said:
I am not looking for sympathy or any advice other that what the system is like in VA. She deserves what ever she gets, but if she needs a lawyer she needs to be told to hire a lawyer.
Click to expand...

She needs a lawyer - Virginia is VERY tough on speeders, especially those charged with reckless endangerment. Couple of kids on my son's hockey team were charged with it on their way back to college after a game.

Even with attorneys, they had major fines assessed AND they both had their license to drive in VA suspended for 6 months.
 
I got a speeding ticket and got my attorney involved. When he finally saw the docket for the day and which judge would hear the case, he asked for an extension (he was judge shopping). He did it again the next time but on the third time he said let's go.

When he stood up before the judge, the judge said it was such an honor to have him in his courtroom. (My attorney did the traffic thing as a favor as his practice is at a higher level). The outcome was very good as the case was dismissed with a technicality.

Obviously, get a good attorney who is familiar with and known to local players.
 
My $0.02 worth...

JudyH said:
The ticket is for being clocked at 92 in a 70 MPH zone in Sussex Co, reckless endangerment for having her 9yr old without a seat belt, and not having the car rental agreement actually in the car with her.

She is my father's caregiver. Any ideas what to do?
Click to expand...

1. Find a new caregiver; this person is clearly irresponsible.

2. Join me in prayer that this jackass has her driver's license suspended or revoked. 92 m.p.h. (regardless of the actual speed limit) with a young child in the car (...no seat belt just adds insult to injury) defies logic, common sense and any fundamental consideration for the safety of others who have the misfortune to share (...for now, anyhow) the same roadways with such an idiot.

Sorry, but you asked...
 
theo said:
1. Find a new caregiver; this person is clearly irresponsible.

2. Join me in prayer that this jackass has her driver's license suspended or revoked. 92 m.p.h. (regardless of the actual speed limit) with a young child in the car (...no seat belt just adds insult to injury) defies logic, common sense and any fundamental consideration for the safety of others who have the misfortune to share (...for now, anyhow) the same roadways with such an idiot.

Sorry, but you asked...
Click to expand...

I'm afraid I must concur with this one. Lucky for your "friend" that VA doesn't have a height/weight requirement for child restraints. In most states that child should be in a booster seat.
 
theo said:
1. Find a new caregiver; this person is clearly irresponsible.

2. Join me in prayer that this jackass has her driver's license suspended or revoked. 92 m.p.h. (regardless of the actual speed limit) with a young child in the car (...no seat belt just adds insult to injury) defies logic, common sense and any fundamental consideration for the safety of others who have the misfortune to share (...for now, anyhow) the same roadways with such an idiot.

Sorry, but you asked...
Click to expand...

Going 92 in a 70 certainly is pushing the reckless meter in my opinion, definitely with a child in the car, although I must admit to hitting 90 once without realizing and my 10 year old son had to tell me to slow down (he did think it was cool though).

Having a child unbuckled in a car or having a small child in the front seat at any speed endangers them greatly.

Add those together and that does warrant the charges of "reckless endangerment" and is a severe lack of judgement in my opinion.

A person like this certainly wouldn't be driving any of my kids anywhere and I would question their overall judgement to some degree.
 
I used to go over 90 all the time, heck even over 100 lots and lots ...

on the racetrack ... nobody has any business doing that on a public road.

She needs a lawyer and I hope the lawyer has to work his/her butt off to keep her out of jail.
 
No way would I let her take care of my dad. She should get a lawyer - poor kid (meaning the kid without the seatbelt)
 
I predict another court appearance in the near future for DWLS - Driving While License Suspended.
 
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