Can a cop give you a reckless driving ticket just because he hears your tires squeal? (Virginia)?

Question

My friend was stopped at a red traffic light. When the light turned green she pressed on the accelerator a bit too hard and so her tires squealed under her car. She immediately corrected the situation and never drove in a dangerous way, she sped up to 55 (the speed limit on this road) at a normal pace but a cop pulled her over and gave her a ticket for reckless driving. Was the cop in the right or was he just trying to meet his quota?

Answer 1

Yes, according to Virginia driving laws if a police officer hears your tires spin excessively they may issue the driver a ticket for "Reckless Driving".

I found a website with a lengthy description of various types of "reckless driving" and the ramifications of actually getting charged with reckless driving". This charge takes away 6-points on your license and can also lead to time in jail and $2,500 dollar fine.

Here is the website:
http://www.vatrafficlaw.com/reckless.html

Get a lawyer to fight this charge, I would if it were me. Your friend shoiuld state their case in court but never, ever, ever accuse the cop of any wrong doing. Just provide the judge the facts of the case and leave it to him/her to come up with a decision.

Answer 2

Reading between the lines - My friend and I where stopped at a traffic light. When it turned green she hammered it and spun up the tires. At that same moment I saw the police on the side road and she let off. We stared straight forward and where diving like angles when this mean cop just pulled us over. We where very surprised because we where minding our own business. I cried and even showed some extra cleavage and he still gave us a ticket. Can he give us a ticket even though we broke the law?

Im just teasing you. Reckless seems a little steep for what you did. I would fight the ticket and maybe you will get exhibition of speed which fits the crime. If you where smoking the tires it could be reckless. If you say it was an accident and you didn’t mean to spin up the tires it is still a failure to control your vehicle. Either way fight the ticket…he can write you up for whatever you want. The judge and DA decide what you are ultimately charged with.

X-cop.

Answer 3

You said she pressed on the accelerator a bit too hard when the light turned green and she corrected the situation. What was the meaning of correcting the situation? Did the car swurve to the side and she straightened it? If this happened, then the cop saw it as reckeless driving. When a light changes red to green, you do press the accelerator but if you press down fast in a hurried way, the tires will squeel and the car will swurve. When accelerating, you have to take precautions because you never know what the other drivers will do to beat the traffic and get ahead by exessive acceleration.

Answer 4

It is illegal to burn out your tires (or anything that sounds like it, even for a second or 2) in the state of Virginia. A few years ago, Kyle Busch (Nascar driver) got a ticket for improper driving/control in Henrico county for squealing his tires on a public street. Even though I think many cops in Virginia Beach (I live here) are a little ridiculous when it comes to writing tickets, I can understand why he did. When your tires squeal like that, it makes it that much easier to lose control of the vehicle, which could have caused an accident.

Answer 5

You said the magic word. VIRGINIA!
I worked in trucking for over 30 years,, the worst state to drive in is Virginia.
If someone said they got a ticket and didn't specify the state, if you guessed,"Virginia" you had a good chance of being right.
=
A question for you, did your friend act businesslike and polite when pulled over, or did she give the cop a line of BS?

Answer 6

It depends on the circumstances. A carload of laughing, loud teenagers is more likely to be cited than a carload of senior citizens, but if I were the cop, I would follow for a while and see if this type of driving continued before writing them up.

Guess I wouldn't make a good cop, EH?

Answer 7

Yes, there is some kind of law relating to "Stunt Driving" which makes it illegal to peal out. The cop, however, should have given you a warning. I would fight the ticket. Sometimes tires squeal when they need air in one of the tires.

Answer 8

If you are telling the scenario accurately, this cop had too much time on his hands. Go to the city or country attorney and explain the situation. Most likely they will dismiss the ticket. Worst case scenario the cop should have issued an excessive tire noise ticket.

Answer 9

Squealing tires are caused by losing traction with the pavement. While this is happening, you have no control over the vehicle. Thus, reckless operation.

Answer 10

He couldn't give a reckless driving for that, but there is a ticket called Improper Display of Power that he could have given. I think we might be missing some o the details here.