Well, I'm 16 and of course teenagers tend to speed, and I fully admit I was exceeding the speedlimit but not as much as the cop stated he clocked me for. I am positive I was only going 40-45 (posted 25--not cool) but he said he clocked me at 62 I believe it was. Now, I have a court date and all, but could I substantially prove to the court that it was possible that he clocked the guy behind me who was speeding to go as fast as I was while tailgating me- my initial reason to exceed the speed limit. There isnt anyway I could have been going that fast as there was a big construstion truck with it's hazards on, no more than 150 yards infront of me. My ranger does not have that kind of power. I'm just really worried because it is my first offence and I heard there was possible Jail time. Does anybody have any suggestions as to what I should do?
Thank you very much all.
2007-05-14 11:17:20 · 3 answers · asked by I Know Nothing 6 in Politics & Government ➔ Law & Ethics
The only way you can get out of this is to show that the gun that was used is faulty. Since these devices are frequently tested and calibrated, it is highly unlikely that this be the case. Your argument about having a car tailgating you doesn't fly. If a car is tailgating you, it cannot be going between 17 and 22 mph faster than you are. You state "he was speeding to go as fast as I was" which would imply two things to me: he was not going as fast as you and there was some kind of competition between you and this other driver (reckless driving or exhibition driving or racing). Also, a driver tailgating you does not give you the right to speed. The construction truck with hazard lights 150 yards in front of you only solidifies the charge of reckless driving as you were driving way too fast (even at 40) for the conditions.
I would plead guilty to the charge of reckless driving. Likely since this is your first offense (I am no expert in VA driving law), you will pay a fine, have higher insurance rates, lose your license until you are 18, and maybe have community service. I would highly doubt jail time over this offense, but I would be ready to put away your car for two years.
2007-05-14 11:37:35 · answer #1 · answered by msi_cord 7 · 0⤊ 0⤋
You would have to prove the gun was defective, which is next to impossible to prove, since they test them quite frequently for accuracy.
Someone tailgating you has to be going slower than you are, so claiming they tagged the wrong car won't work.
Since you're under 18, chances are they'll just suspend your license, but you should look up the statutes in VA to make sure.
2007-05-14 11:23:22 · answer #2 · answered by Kat 2 · 1⤊ 0⤋
Hey dude your not going to jail.You will have to pay a fine and possibly loose points off your license.Insurance may increase also if not cancelled
2007-05-18 10:58:05 · answer #3 · answered by Billy T 6 · 0⤊ 0⤋