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heh, rereading this thread reminds me of the time a boss I had told me of how he drove through Georgia, wandered off the interstate looking for food, with his NY plates, got pulled over in some one light town, and was told he was guilty of "driving wrong".
He was escorted to a courthouse that convenently had an ATM machine across the street, told to withdraw 200 dollars, made to wait, then brought before the judge (who was summoned from home and showed up in jeans and a t-shirt), found guilty, and fined 200 cash-conveniently the maximum that ATM would allow withdrawn in one day of course.
Good ole justice is blind alright-someone robbed her glasses too.
Hi- I was just researching about speeding tickets in Emporia, Virginia and was very surprised at the possible corruption. Anyhow my daughter was driving back to college this past Saturday(1/8) going to South Carolina. She was pulled over on I-95 they said she was going 82 in 70 mile an hour zone. On her ticket it said reckless speeding, officer never mentioned to her that it was going to be listed as reckless driving and that is is a criminal offense. Being a mother I started researching her ticket (till she sent it to me in the mail) found the ticket on line and saw the charges. Listed below are my concerns, if someone could please let me know what we should do.
1) Not arguing that she was not speeding but to have a criminal misdeamor carries alot repercussions. Applying for jobs, insurance rates, being able take certain jobs. She is going to travel the 7 hours to court, and her parents (us) will also travel 6 hours also. Is it possible the judge would lower the ticket to 79 miles an hour just so she does not have this criminal misdeamor on her record?
2) We are going to fly her into Richmond just so she does not have to drive and possibly be targeted otherwise this is a 14 hour drive by herself for this ticket.
3) I am having her driving record pulled (has no offenses) and bringing it with us.
4) Should we get a lawyer? This is a hard ship for all, with paying for college and now tickets and transportation, if we do not have to would love not to.
Going forward, I am telling my daughter to never drive by herself, and going thru Virgina not to go over 55 . Their speed limit goes up and down so she should assume to go the slower rate.
Hi- I was just researching about speeding tickets in Emporia, Virginia and was very surprised at the possible corruption. Anyhow my daughter was driving back to college this past Saturday(1/8) going to South Carolina. She was pulled over on I-95 they said she was going 82 in 70 mile an hour zone. On her ticket it said reckless speeding, officer never mentioned to her that it was going to be listed as reckless driving and that is is a criminal offense. Being a mother I started researching her ticket (till she sent it to me in the mail) found the ticket on line and saw the charges. Listed below are my concerns, if someone could please let me know what we should do.
1) Not arguing that she was not speeding but to have a criminal misdeamor carries alot repercussions. Applying for jobs, insurance rates, being able take certain jobs. She is going to travel the 7 hours to court, and her parents (us) will also travel 6 hours also. Is it possible the judge would lower the ticket to 79 miles an hour just so she does not have this criminal misdeamor on her record?
2) We are going to fly her into Richmond just so she does not have to drive and possibly be targeted otherwise this is a 14 hour drive by herself for this ticket.
3) I am having her driving record pulled (has no offenses) and bringing it with us.
4) Should we get a lawyer? This is a hard ship for all, with paying for college and now tickets and transportation, if we do not have to would love not to.
Going forward, I am telling my daughter to never drive by herself, and going thru Virgina not to go over 55 . Their speed limit goes up and down so she should assume to go the slower rate.
Thanks for any info
Probably faster, easier, and cheaper to hire a lawyer who will handle it all for you, probably get it reduced. It's all one big scam, the courts, cops, and lawyers are all in on it.
Does anyone know HOW all of these attorneys from VA get your personal information to send you "advertising material"? I have no issue with them pulling my personal address from the DMV database but they have managed to get my work address (I'm a small business owner) and are relentlessly sending me junk in the mail which has me convinced the attorneys have their hands in the pockets of the judges and state. We do still have privacy in this country, correct? Do VA attorneys have some special authority to pull ones credit to get their personal information?
The Dulles Toll Road is also a scam, the MWAA police make a living off of separating people from their money.
My wife and I both have had wreckless driving tickets on that road, we of course beat them both and have perfect driving records.
I try and stay off of that road, it is a nuisance.
I think they should close down MWAA, the entire group is less than honest!
That's slimy, first sounding polite to ask if the speedometer has been calibrated, to mislead you into testifying against yourself.
Did he showed you the radar gun with the 80 mph rating?
And was he with the city of Emporia or Greensville County police?
Going to court and pleading not guilty will slow them down a little. I imagine you've got something like $51 in court costs plus a $50 for 10 miles over the limit. Not enough of a fine to justify a lawyer. At most, you could hire an attorney for an hour or half-hour consultation in his office.
Things I'd do, if I could somehow dedicate enough time to them:
1. Get the spedometer calibration checked. I've seen places online that can do this, I don't think it's too expensive to get your speedometer checked and certified. Getting any discrepancy corrected is unnecessary.
2. Request a continuance. This is likely to be a two week delay, made for the court's convenience. Still, it may muddle the system a bit and it gives you more time to prepare your case.
3. Go to your district court trial and plead not guilty. Come up with the best argument you can, speedometer calibration might be an avenue. The officer not showing you the speed on his radar gun might be another (I thought they were required to do this as a matter of routine, but maybe that's only IF you ask to see it.) I joined the NMA for $30 to fight my ticket in the same court; if I had done it sooner and made use of all their info, I might've had a better outcome (guilty of a reduced offense). If you respond to this post I will offer more specifics. One nice point: In Virginia you lose nothing by arriving for your trial and arguing your case; the lemmings who waive their trial by paying the ticket beforehand pay the same court costs as the folks who fight. Above all don't ignore the ticket; they'll find you 'guilty in abstentia', give you a criminal record, hike up your fine a bit, and probably go after you. (Court records suggest many people ignore their trials but often magically pay up soon after the court date, as if they get threatening calls.)
4. If you lose, remember you have the right to an appeal, which at your request can be a jury trial. The district court judge, if it's the Greensville county court that I suspect you're headed to, may not let you argue your case, won't doubt anything a cop says, may not offer to let you interview the officer (you gotta PUSH for that!), and likely isn't afraid of the judicial ethics review board that's supposed to discipline him for ethical violations (a long, sad, firsthand story for me). Catches are that (of course) that's a whole new day devoted to fighting a stupid ticket, you only have 10 days to decide whether to file an appeal, and new court costs (one for filing in circuit court, and an optional charge of $390 for assembling a jury). If you have the stones to do this, you'd be my hero. I'm pretty sure if you win or your case is dismissed they refund the fine and all your court fees, but I suggest you verify that somewhere. Your chances of winning in circuit court are much higher: judges in the higher courts are generally much more conscientious about their commitments to let you argue etc., a jury is going to be MUCH more sympathetic to your case, and best of all, at that level the prosecuting attorney and court staff aren't focused on your $101 ticket but felony cases, so if they have trouble getting a jury together at the last minute, or if they have too many cases to handle, they have to dismiss some cases and they'll start with you. (They'll offer you plea agreements in the meantime, which you have to have the guts to politely reject.)
Keep in mind the communal value of fighting the ticket in court. Your real enemy isn't the cop, it's the whole crooked city or county. I strongly doubt your cop was a lone rogue; it's a crooked system altogether. So it's really not bad to fight the ticket and give the cop some overtime pay; the city/county has to pay that, and every hour you tie him up in court is another hour he can't go out there and do the same thing to some other innocent driver. Fighting unfair tickets is a civic duty; I know you're probably far away from Emporia but if you can muster the effort you're doing the good people of the world a favor. Either way I wish you the best of luck.
Last edited by StopMoveOverLaws; 01-19-2011 at 08:56 PM..
Originally Posted by France8 Hi- I was just researching about speeding tickets in Emporia, Virginia and was very surprised at the possible corruption. Anyhow my daughter was driving back to college this past Saturday(1/8) going to South Carolina. She was pulled over on I-95 they said she was going 82 in 70 mile an hour zone. On her ticket it said reckless speeding, officer never mentioned to her that it was going to be listed as reckless driving and that is is a criminal offense. Being a mother I started researching her ticket (till she sent it to me in the mail) found the ticket on line and saw the charges. Listed below are my concerns, if someone could please let me know what we should do.
1) Not arguing that she was not speeding but to have a criminal misdeamor carries alot repercussions. Applying for jobs, insurance rates, being able take certain jobs. She is going to travel the 7 hours to court, and her parents (us) will also travel 6 hours also. Is it possible the judge would lower the ticket to 79 miles an hour just so she does not have this criminal misdeamor on her record?
2) We are going to fly her into Richmond just so she does not have to drive and possibly be targeted otherwise this is a 14 hour drive by herself for this ticket.
3) I am having her driving record pulled (has no offenses) and bringing it with us.
4) Should we get a lawyer? This is a hard ship for all, with paying for college and now tickets and transportation, if we do not have to would love not to.
Going forward, I am telling my daughter to never drive by herself, and going thru Virgina not to go over 55 . Their speed limit goes up and down so she should assume to go the slower rate.
I'm sorry to hear about your daughter's ticket. Some questions:
- Was she actually speeding? Over 70, but not 80? 80 is the fastest you can go before RD kicks in. If she was really going 81+ you're just asking for sympathy, at 71-80 you're fighting for a reduction, and at 70 or less you're fighting a completely trumped-up charge.
- Did the officer talk her in to 'admitting' anything? Keep in mind that these cops can twist words and report falsehoods in court under oath. I've seen it myself.
- What evidence do you think the cop has that she was speeding? Did he show her a radar gun's reading?
- What police force was the officer with? It says on the ticket somewhere near the top. The likely possibilities are Virginia State Police, City of Emporia, or Greensville County. I assume the Greensville District Court is the court location (listed on the ticket).
- Do you live in Virginia? Good for getting a judge's or officer's sympathy, bad because the effects of a criminal record will be felt closely.
Some comments:
- This is probably worth a lawyer, if you have trouble finding one post back and I could come up with at least one name. $300 may be a ballpark figure for representing you in a trial. I would suggest finding one in nearby Virginia, but not in that county.
- I hope you end up, lawyer or not, pleading not guilty and arguing the case. They will attempt to intimidate you into pleading guilty (or the practically identical nolo contendere).
- Consider requesting a continuance. That just means call the court and ask if your trial can be delayed. I think they're pretty liberal about giving you one 2-week delay. You may want to request moving her trial into March, her spring break week, for example. If you need more time to prepare your case, especially if the court isn't providing information you need, state so. After one continuance request they may get inflexible on you, but in general the court staff is slammed with trials and likes the idea of delaying them. It's a smart tactic in many jurisdictions because you can cause enough chaos to lead the cop not to show, but that's because most cops aren't traffic cops first and foremost. In Greensville County, your officer will SHOW.
- When fighing my ticket, I paid $30 and learned a lot from the NMA, which you can find online. Apologies for the plug, but they are a good resource. Much of what I'm saying here I learned from them.
- Don't forget about discovery. A lawyer will tell you all about this. You can demand the court send you certain documents related to a misdemeanor case; if they ignore your request, you have an argument for acquittal.
- Use certified mail with return receipt for all correspondence with the court. Assume they have it in them to conveniently lose mail that helps your case. It's okay to call the court, but make sure you follow up with a certified letter reminder of what was said on the phone such as an agreed change in the trial date.
- If I was correct about the Greensville court, and you aren't Virginia residents, then sympathy is simply not to be expected. When I was there fighting my (non-speeding) ticket the speeders all got herded around with some stern lecture from the judge. If you watch particular court dates come and go you'll see that most people either ignore the charge (BIG mistake) or pay the fine (admitting 100% guilt) in advance and forgo the trial. The few remaining people seem to either hire lawyers or get stuck with the full penalty - points, charges, and fines.
- Some good news, and don't forget about this, is that if the district level court abuses you, you have the RIGHT to an appeal, which can be by jury at YOUR option. However, pleading anything but NOT GUILTY in district court means you are waiving that right. And you only have 10 days (not sure if that's calendar or buisness days) from your trial to decide on an appeal. More court fees come into play including $390 for a jury trial if you want one (you do), but I believe those are refunded if you win or if your case is dismissed. And your odds are MUCH better in an appeal court, called a circuit court, because the judges are supposedly more conscientious, a jury is MUCH more sympathetic than a district judge, and a busy prosecutor is likely to offer a much better plea deal (something like the benign 79 mph speeding ticket you mentioned vs. misdemeanor RD) than a surly district judge. You're a 'small fish' to a circuit court prosecutor; not so to a district court judge.
- In summary I don't see good things happening for you at the district court level without a lawyer. It might be worth it to go without a lawyer in district court (or just consult with one for an hour at his $150ish rate), simply pleading not guilty and trying your hand at arguing on your own, and focusing your resources on the appeal.
- DEFINITELY bring her lifetime driving record if it has no citations on it. Your DMV or MVA may offer you a 'certified' copy for an extra fee; pay it.
- I would say telling her not to drive alone or to go way below the limit in VA is an overreaction. Driving 55 in a 70 is actually dangerous. I suggest you tell her drive 65-70 in Virginia when the limit is 65 or 70, and to watch those limit signs closely. My pet theory is that they raised the limit from 65 to 70 in Greensville's stretch of road because the state government knew the local government was abusing people and making the state look bad. I think the Virginia State Police internal affairs department gets a lot of calls to lodge mistaken complaints against local officers patrolling I-95 near Emporia. (I made one such call!) In some states only the state police have jurisdiction on I-95 so that out-of-state travelers can't get abused by crooked local cops.
- One note of perspective: I don't believe going 12 mph over the limit, even with it being the 'traffic misdemeanor' that Virginia makes it, will carry the same stigma in your daughter's future that a DWI, or a real misdemeanor offense would. For getting into law school, background checks and stuff, I think there's a tendency to overlook one of these.
- Fighting this charge in court means keeping the officer off the street where he could be doing the same thing to someone else's daughter. I hope that motivates you to fight harder.
Why do we let the police in Emporia do this to people? Where is the justice at? Fight, fight, fight! Do everything in your power to fight them. I was in court and not one single lawyer was there. They only hold court for people without lawyers. Emporia, VA is running a scam. You get a ticket, the lawyer send you a paper saying that he/she can get you out of your reckless driving charge for $300. You pay because you don't want a charge like that on your record. But, if you go to court, the same thing happens. The judge drops it to a lesser offense and the reckless driving ticket doesn't go on your record anyways. You pay no matter what way you go.
I have driven through Emporia, VA on I-95 many times. There has been times when there was at least two sheriffs deputy's at every crossover, sometimes four, just waiting for passers by with out of state plates. (If you are from out of state you're lest likely to fight the citation) Sheriff Edwards get 53% of the county budget per year, as per the Greensville County Budget of 2008. This seems a little high seeing as Emporia, Greensville County's, County seat has the highest crime rate per 100,000 residents for any city in VA.
The whole justice system in Emporia should be investigated. Everyone from the Sheriff's Deputy's to the Greensville County District Attorneys Office is corrupt! Greensville County and Emporia, VA doesn't have an Internal Affairs Division, so all your complaining about officer conduct falls on deaf ears. They could take the Constitution of the United States and burn it and theirs no one to do anything about it! Even the State Police and the Governor say they don't have power in Emporia, VA. I called and complained to no avail.
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Emporia Speeding tickets
