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  Don't speed in VA.... HELP!!!! (long)

 Don't speed in VA.... HELP!!!! (long)



So I'm out a few weeks ago on a Saturday night with some friends - I've had maybe 6 beers over the span of 2 1/2 hours - I'm over the limit and I realize it - I switch to water for an hour and then WALK over to silver diner, pick up a burger, and walk back over to my car. Its been at least 2 hrs and I figure I'm more than fine to drive home. Last turn before my house is a coming off of a 45mph road with a deceleration lane to make a right turn onto a 35 - a good corner and I take it in a "spirited" fashion. I'm NOT out of control, I'm not skidding - but, yeah, there's some noise out of the exhaust due to the downshift... So I'm on the 35 mph road and have maybe 60/70 yards to the development and I'm accelerating. I'm going to guess I was doing 50 MAYBE 55. Wham - blue lights go off in the opposite direction and the cop u-ies and gets right on me... He's right to have pulled me over - its 1:30 am on a Saturday night, and I fit the profile. If I were in his shoes I would have done the same. Here's where it gets interesting - pulls me out and has me do a field sobriety - I nail it. First Event: Eyes Shut, Head at 45 degree angle - touch nose, alternating fingers "left", "right", "left", "right", "right", "Left", etc. - Nailed it - Judges raise appropriate combination of 9 and 10 signs. Next event: Count to 41 in odds and skip some number - I'm freaking out - I don't know if I could do WITHOUT being loaded... Nailed it - perfect score, air kisses to judges... Final event: The one-legged stance with counting to 30 (in x+"one-thousands") - mediocre performance had to hop a number of times. Overall dudes, I'm obviously ok to drive. Then he pulls out the breathilizer - I blow perfectly and he starts looking at it.... Hes got some sort of reading, but I'm still waiting - then he shows it to me and it reads ".088"... The limit in VA is .08 - this is it - I figure I'm in deep **** - but I can't shake the feeling that based on acing the field test - he'll let me off. He - of course - asks about the european plate, and I explain the bolt is stripped and I can't get it off - I actually whip out the screw driver and show him how the screw just keeps spinning and while I'm doing this he says "you know this is all for not, right?" - I nod, but show him the VA plate that I have in my glove compartment.

Then he starts power tripping: "You're getting thrown in jail and having your car impounded all for what? A meal from silver diner?" - "Do you know what the speed limit is on that road?" - "35?" I guess... "Try 30." (its not - its a 35) "and how fast you were going?" "50/55" "Try 64".... At this point I figure I'm f'ed - thats it, game over man... I'm going to jail... Oh well. Makes me sit in the car - and I put on the "disgraced and ashamed yuppie" performance that should have gotten me a Academy Award.. Thirty minutes later he comes back over and he says "OK - I'm going to do you a hellacious (is that a word?) favor..." That wave of relief washes over me - "Thank you sir, I'm sorry sir (and I was - he had every reason to pull me over) - then hands me a ticket for 64/30 Reckless Driving (imho - no way I was going that fast - nor do I believe for an instant that he had any form of radar or laser that detected me) with a mandatory court appearance and a ticket for failure to display VA plates (well deserved). He mumbles something about taking a picture of my VA plate in my rear window and sending it in - but at this point I just want to go home. It was the best burger ever - it tasted like freedom... So hear is where I need help: I'm going to hire a lawyer, any thoughts on defenses? Could the fact that he improperly sited me (30 when it was actually a 35 zone) have any impact?
   Reply » Don't speed in VA.... HELP!!!! (long)

i'm an attorney. No offense, but if you fight this ticket you are a total idiot. There's a risk the cop will show up to testify in court and he'll say you were drunk (or impaired).

Do you think a judge will be sympathetic to your "defenses" when he finds out you were a speeding, reckless drunk driver and you're attacking a great deal given to you by the cop?!

You got off super lucky. Take your knocks and move on.

   Reply » Don't speed in VA.... HELP!!!! (long)

You are extremely lucky- 5 years ago, I got stopped for out of state license plates (WI plates in CA), - that ass followed me from a bar. I passed the field sobreity tests, and my breath analyser came to .08, which is exactly the same as the legal limit. The bugger put me in jail for the night (I went to court and eventually won the case since the reason for stopping was not valid).

Thank your stars - pay the ticket and move on.

   Reply » Don't speed in VA.... HELP!!!! (long)

Why the cross post?

http://www.bimmerfest.com/forums/sho...d.php?t=108208

   Reply » Don't speed in VA.... HELP!!!! (long)

"Fit the profile".....are you of minority ethinicity?

   Reply » Don't speed in VA.... HELP!!!! (long)

Quote:
i'm an attorney. No offense, but if you fight this ticket you are a total idiot. There's a risk the cop will show up to testify in court and he'll say you were drunk (or impaired).

Do you think a judge will be sympathetic to your "defenses" when he finds out you were a speeding, reckless drunk driver and you're attacking a great deal given to you by the cop?!

You got off super lucky. Take your knocks and move on.
If the cop thought he was drunk or impaired, he should have put him in jail that night. The fact the cop let him go is enough to prove that he was not drunk.

Now, not that I think you should fight this ticket, but if you decide to, postpone your court date once. Here's why: The cop may not show up to the revised court date. Many people I know have done this and have gotten out of tickets simply because of the officer not showing to the new court date.

Best of luck.


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