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Mar 11, 2010




Reckless Driving Speeding

THE BATTLE PLAN FOR RECKLESS DRIVING/SPEEDING

"Reckless Driving/Speeding" is More than Just a Glorified Speeding Ticket- It is a Serious and Potentially Permanent Criminal Charge- If you have a pending Reckless Driving Speeding charge in Virginia, the Consumer Report "The Shocking Truth About Reckless Driving Speeding in Virginia" is a must read- Fill out form on the left to get .pdf copy instantly

As featured in Baltimore Sun, CBS-6 News and WTOP Radio

Bob Battle's consumer guide "The Shocking Truth about Reckless Driving Speeding in Virginia" was featured in a recent article by columnist Michael Dresser in the Baltimore Sun titled "Speeding costs you more in Virginia than in Maryland." Battle and his book were also featured on CBS6 news in Richmond and WTOP radio in Virginia, Maryland and DC. As Mr. Dresser points out:
"Now Battle is a lawyer who specializes in getting out-of-staters off the hook for reckless driving, so naturally he urges people to hire an attorney when facing such charges. Vested interest aside, that's probably good advice. Prosecutors don't like to cut bargains with nonlawyers."

Fact: The average amount of jail time for someone convicted of speeding over 90 mph in Virginia is greater than the average amount of jail time given to someone convicted of a first offense felony drug possession, felony shoplifting, felony embezzlement, felony grand theft auto or DUI with a BAC that is less than twice the legal amount!  That's right, the speeder is treated more harshly in Virginia than drug addicts, thieves, and drunks!

Fact: If you are caught doing above 80 mph on the highways of Virginia, you can and will be charged with Reckless Driving.  As has been stated, this is not merely a traffic infraction.  It is a criminal offense- a class one misdemeanor- the most serious class of misdemeanor in Virginia! Once convicted, there is no provision under Virginia law for expungement of this charge and you will have a permanent criminal record.

Fact: Virginia Reckless Driving Lawyer Bob Battle's Firm Defends Hundreds of Virginia and Out-of-State Motorists on their Reckless/Speeding Tickets- Usually  Without Their Clients Having to Come to Court

Robert Emmett Battle

Jurisdictions vary widely in the penalties they impose for Reckless Driving/Speeding convictions. At speeds above 85 mph, courts begin suspending the driver’s operator’s license. At speeds above 90 mph, courts begin imposing jail sentences in addition to the operator’s license suspension.

As the state where driving is viewed under its laws as “a privilege, not a right,” traffic law in Virginia can cause extraordinary inconveniences for those charged with any traffic violations.  In many parts of the state, police act without apology as revenuers, and operate on an aggressive quota system that helps to keep city and county coffers in the black.  This is particularly true along the entirety of Interstate 95, 64 & 295 and in towns that are home to the many tourist attractions in the Old Dominion. 

Recent Virginia budgets have estimated collecting over $100 MILLION in Traffic Fines!

Virginia's tourist towns are also relentless in their pursuit of speeders. For instance, Virginia Beach was recently ranked sixth worst in the nation in terms of its use of speed traps, according to The Speed Trap Exchange, a site that identifies locations that combine arbitrarily low speed limits with heavy law enforcement to generate municipal revenue.  While not in the top ten nationally, Virginia cities like Richmond, Roanoke, Charlottesville, Williamsburg and the many cities of Fairfax County are all home to police forces that include common driver mistakes as revenue towards the annual budget.  Other counties along I-95 and I-64 are notorious speed traps. The traffic court dockets are always overflowing in Caroline County, Hanover County, Henrico County, Chesterfield County, Dinwiddie County, New Kent County, Sussex County, Greensville County and Emporia. In fact, over the 4th of July weekend 2006, more than 3,600 motorists were charged with Reckless Driving- the vast majority of these cases merely Reckless Driving/Speeding charges.

We all know that this type of quota-driven “enforcement” does very little to solve the problem of speeding among drivers.  In fact, unless the day comes when the government tells the auto industry to stop making cars that can go above posted speed limits (that’ll be the day!), drivers in Virginia are going to speed, just as drivers do in every other state.

When the punishment does not fit the crime, as is typically the case under Virginia’s traffic laws, an experienced attorney may be needed.  For more than twenty years, attorney Bob Battle has helped drivers that are residents of Virginia or residents of other states who are passing through the state on business or pleasure to escape the harsh and permanent consequences of a Reckless Driving/Speeding conviction.  In terms of pure number of cases, Bob Battle handles more Reckless Driving/Speeding cases than any other type of case. If you believe you are being treated unfairly under Virginia’s traffic laws, contact Bob Battle today. 

In the movie “Cars,” Lightning McQueen was lucky he wasn’t pulled over in Virginia!

In the animated Pixar movie "Cars,"; Lightning McQueen is caught in a speed trap in the mythical town of Radiator Springs.  His speeding and reckless driving lead to a nightmare of "incarceration" and hard labor for several days.  It could have been worse for Lightning McQueen -he could have been pulled over in Virginia!  Unfortunately, Lightning McQueen's nightmare is a harsh reality for thousands of motorists driving the highways of Virginia.


The only "good news" if you are charged with a Reckless Driving/Speeding case is, if you have hired a lawyer, you probably will not need to appear in court even though the ticket you are given has a box checked that says you must appear in court.  Bob Battle has successfully represented many drivers from states other than Virginia without them having to go through the expense of physically being in court on their court date. Usually, anyone doing below 90 mph on the interstate highway will not be required to appear in court if they are represented by a lawyer.

There are many potential technical defenses in any speeding case. The officer is required to bring proof of proper calibration to court. Are you aware that the calibration must be performed within six months of the date you are charged? Are you aware that, if the officer brings a copy of the calibration, that it must be "double certified?" Are you aware that the officer’s radar device must be on a list of approved equipment published by the International Association of Chiefs of Police? Of course not! These are more examples of why you should hire an experienced attorney to help you with this serious offense.

When You Don’t Need an Attorney for Your Traffic Offense

You probably don't hear many lawyers telling you that you don't need a lawyer, however, if you are charged with a speeding offense of 14 mph above the speed limit or less, Bob Battle doesn’t recommend that you retain him or any other attorney. You are facing a fine of < $100 and even if you are found not guilty of the charge, the court does not reimburse your legal fees.

Bob regularly gets calls from people who are charged with such a speeding offense who say that they need to hire a lawyer because they have a bad driving record and want to get the charge dismissed. The worst possible argument that someone can give to a judge or prosecutor for giving them a break is that they have a lousy record! The fact that you have retained a lawyer is not going to sway the judge or prosecutor one bit in this situation.

Unlike Virginia, the points system in North Carolina and some other states makes any conviction for 15 mph or above the speed limit a major traffic conviction. Bob Battle has represented quite a few North Carolina licensed drivers who have been ticketed in Virginia and are seeking to get their charge amended to a speed of 14 mph over the limit or less.

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