Hello, I live in New Jersey and recently went to go visit some family in Virginia. I borrowed my step-dad's car for the drive over and because I'm not familiar with the car I didn't have my headlights on. (My car has such dim headlights that I assumed the actual headlights on his car were brights!)
I was speeding (81mph in a 55mph zone) because I was so close to arriving at my destination and got pulled over. Yes, speeding was a bad idea. That was my fault.
The officer gave me a warning for the headlights when I explained to him that it wasn't my car, but I did receive a summons for speeding (or reckless driving, rather). I'm only 19 and I live in New Jersey. I suppose he was helping me out because he told me that I had to appear in court, however, if I didn't appear, nothing would happen. Those were his exact words. My court date is on April 23rd. He showed me the number at the bottom of the summons and told me that if I called on April 24th that they would just have me pay the fine for what happened and that nothing would happen to me, per say, for not showing up in court.

I'm a little concerned. I've never been pulled over before and the whole situation seems serious. I've received five letters from attorneys in Virginia advertising their assistance to me. It would be a big hassle for me to head back down to Virginia solely to appear in court.

I'm getting anxiety over the whole situation. I'm asking for advice. Should I believe the police officer and just wait until the 24th to call the number and receive my fine? Or should I call some of these attorneys for assistance?

Also, apologies for my lack of terminology, but I don't have my actual license yet. I have a.. Provisional license, I believe it's called. I got my license late and have yet to obtain my actual license. Would this whole situation work against me getting my actual license, too?

Any advice/answers would help me. Thank you!

It may interfere with your getting your license. I don't know what the restrictions are on a provisional license in NJ. But if you violated those provisions and its reported to NJ DMV, they could delay your license,

I don't know whether the cop deliberately gave you wrong info or you misunderstand, but it was wrong. On the summons should be the amount of the fine and a plea form. BEFORE the court date (if you don't want to appear), you have to send the summons back with a guilty plea and a check for the fine. If no fine is listed, then just plead guilt and they will send you notice of the fine.

All this should be on the summons. If not, check with the VA DMV website.

Ah, I see, thank you. There is no fee amount written anywhere on this summons.

How do you actually.. go about sending a guilty plea?

I'm looking at the summons right now and there is a section that states pretrial waiver and prepayment instructions. This is what I should be doing, right?

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Originally Posted by ScottGem

It may interfere with your getting your license. I don't know what the restrictions are on a provisional license in NJ. But if you violated those provisions and its reported to NJ DMV, they could delay your license,

I don't know whether the cop deliberately gave you wrong info or you misunderstand, but it was wrong. On the summons should be the amount of the fine and a plea form. BEFORE the court date (if you don't want to appear), you have to send the summons back with a guilty plea and a check for the fine. If no fine is listed, then just plead guilt and they will send you notice of the fine.

All this should be on the summons. If not, check with the VA DMV website.

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Wait, sorry, I have more questions now.
My step-dad looked into it a little more and apparently this is a really big deal. He's printed out an information sheet and it says that Virginia does report to New Jersey and they'll post it to my record. It's saying that I should fight my ticket because NJ has the highest auto insurance rates in the nation.

Looking at this information sheet it says I'll be paying close to $3,462.

This is what the sheet says:

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Reckless driving - speeding in excess of 80 mph - misdemeanor - $350 for each of the following 3 years

Reckless driving - speeding in excess of 80 mph - felony - $1000 for each of the following 3 years

Reckless driving - speeding 20 mph or more above the posted speed limit - misdemeanor - $350 for each of the following 3 years

Reckless driving - speeding 20 mph or more above the posted speed limit - felony - $1000 for each of the following 3 years

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I have heard that getting an attorney is a good idea because you can have them go in to court in place of you.

Then again, my other friend that has dealt with out of state speeding tickets says that I can just call and pay the fine, as you had explained before.

Should I call an attorney? This is really stressing me out. I don't know what to do. There's talk about me going to jail over this.

Generally, if you (or your attorney) appears at the hearing, they will plea bargain down to a lower fine, and a violation that might not affect your NJ license. It might be a good idea to contact an attorney in VA to at least discuss the situation.

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Originally Posted by ScottGem

Generally, if you (or your attorney) appears at the hearing, they will plea bargain down to a lower fine, and a violation that might not affect your NJ license. It might be a good idea to contact an attorney in VA to at least discuss the situation.

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I see. Thank you for all of your help! It is greatly appreciated.

As I read the information I see at several links,

"Typically, a driver will pay $5.00 for every mph he or she is driving over the speed limit plus court fees of $62.00. Add to that the new civil penalties for Reckless Driving ..." Virginia Speeding Ticket Fines

the basic fine is
(81 - 55 = 21) x $5 = $105, plus $62 = $167

The amount of the civil penalty will depend on whether it's a misdemeanor ( $350 a year for three years) or a felony.(3 x $1,000). I would guess OP is charged with a misdemeanor, since no injury or accident occurred). Does the ticket say it's a misdemeanor or feliny? A felony would definitely be a big deal and should get an attorney for that.

Also there are the points to be concerned with.

Appears OP can pay the ticket for $1,217

Quote:

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Originally Posted by AK lawyer

As I read the information I see at several links,

"Typically, a driver will pay $5.00 for every mph he or she is driving over the speed limit plus court fees of $62.00. Add to that the new civil penalties for Reckless Driving ..." Virginia Speeding Ticket Fines

the basic fine is
(81 - 55 = 21) x $5 = $105, plus $62 = $167

The amount of the civil penalty will depend on whether it's a misdemeanor ( $350 a year for three years) or a felony.(3 x $1,000). I would guess OP is charged with a misdemeanor, since no injury or accident occurred). Does the ticket say it's a misdemeanor or feliny? A felony would definitely be a big deal and should get an attorney for that.

Also there are the points to be concerned with.

Appears OP can pay the ticket for $1,217

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I really don't think this is even a ticket. At the very top of this yellow paper it says "Virginia Uniform Summons".

Anyway, it doesn't say either misdemeanor or felony. What is written is as follows:

You are summoned to appear in the city/county of Northampton (General District Court (Traffic))
Then it says the address and time, etc.
Then it says for violation of [x] state
law section 46.2 (not sure if it's .2 or 12--bad penmanship) -862
describe charge: reckless driving by speed, 81/55 mph zone (laser) (headlights were off)

The police officer said he was only giving me a warning for the headlights. I don't know what to think anymore.

That sure sounds like a ticket to me.

"§ 46.2-862. Exceeding speed limit.

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit. "



"§ 46.2-868. Reckless driving; penalties.

A. Every person convicted of reckless driving under the provisions of this article shall be guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony. "

LIS > Code of Virginia

So it's a misdemeanor.

Quote:

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Originally Posted by AK lawyer

"§ 46.2-862. Exceeding speed limit.

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit. "



"§ 46.2-868. Reckless driving; penalties.

A. Every person convicted of reckless driving under the provisions of this article shall be guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony. "

LIS > Code of Virginia

So it's a misdemeanor.

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Ah, I see. Thank you. That's helpful.
I'm thinking of just paying the fine of the ticket. Everyone I had talked to about it suggested the same. Would anyone know what the price of the fine might be? This will be my last question. Heh.

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Originally Posted by zxmirandaxz

Ah, I see. Thank you. That's helpful.
I'm thinking of just paying the fine of the ticket. Everyone I had talked to about it suggested the same. Would anyone know what the price of the fine might be? This will be my last question. Heh.

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Call them. Or send the summons back marked guilty and they will send you a notice of the fine.

Quote:

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Originally Posted by zxmirandaxz

... Would anyone know what the price of the fine might be? This will be my last question. Heh.

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As I calculated it in a previous post, it appears to be $167 plus the civil penalty ($350 per year for three years). But I could be wrong. So, as ScottGem wrote, call and ask.

Thank you so very much, to the both of you. Truly appreciated. Thank you.

Just a quick update for anyone that has a somewhat similar question to this:

I called the number on my court summons today and received a recorded message. I punched in the number appropriate to my situation and I understand why the cop told me to wait until after my court date for me to pay my fine.

If you get charged for reckless driving you cannot pre-pay the fine. I guess that solves that.

I might just listen to the cop and wait until after the court date to call again. We'll see. Anyway, thanks for everyone's help!

Now I'm confused - you don't intend to appear? You are going to let the Court date pass and then call to see if there's a fine and how much?

The case very likely would be postponed and rescheduled. If the Court is angry enough you could have a warrant issued for your immediate arrest.

Well, that's what the police officer was telling me to do. I can't pre-pay the fine.

I do understand the circumstances.