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  • Dang it.

    I hate when a thread gets deleted while I am reading it. I wanted to find out what part of the interstate had a 73mph speed limit. Chunk's buddy, the detective, got popped for 81mph. We have these special clues scattered along the highways in VA. Either the detective missed them or I have been misreading them all these years. Never saw one that said "Speed Limit 73MPH"

    Originally posted by chunk
    4. I hardly consider 8 mph over the limit reckless. Do you? Really? I doubt anyone in any state loses their license for 8 over.

  • #2
    *snort*

    Big Ben! Parliment!
    sigpic

    I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

    Comment


    • #3
      i however, HAVE seen a 17mph limit at a college
      dubbed code name: Alien #69

      Comment


      • #4
        There's a 5 1/2 around a country club around me... and 6 in the parking garage.

        Comment


        • #5
          Originally posted by PaliBoy20 View Post
          There's a 5 1/2 around a country club around me... and 6 in the parking garage.
          Those odd speed limit signs you guys are referring to are likely posted on private property (college/country club/shopping centers/etc.) by private property owners and not enforceable by law (unless it constitutes reckless driving).

          I have never heard of any posted sign in VA higher than 65, although there might be 70 somewhere. I highly doubt there is a sign for "73" MPH. I believe it was an officer who got a ticket in this instance? If that's the case, then he really has no excuse since he knows anything over 80 is reckless driving and should hold himself at a higher standard as well, although I am still a strong advocate of professional courtesy.

          Comment


          • #6
            Originally posted by APD2008 View Post
            Those odd speed limit signs you guys are referring to are likely posted on private property (college/country club/shopping centers/etc.) by private property owners and not enforceable by law (unless it constitutes reckless driving).

            I have never heard of any posted sign in VA higher than 65, although there might be 70 somewhere. I highly doubt there is a sign for "73" MPH. I believe it was an officer who got a ticket in this instance? If that's the case, then he really has no excuse since he knows anything over 80 is reckless driving and should hold himself at a higher standard as well, although I am still a strong advocate of professional courtesy.
            That drove me nuts driving from Atlanta to D.C. a few months ago.

            Comment


            • #7
              I thought he was using 8 over as a random reference and NOT refering to it as the actual speed the officer was caught doing. But perhaps I am wrong. I did get to finish the thread though. It was my understanding that he was doing 81 in a 70mph making the speed 11 over the limit, based off of the debate about the new 70mph zone supposedly.
              Last edited by seth0687; 04-15-2010, 02:46 PM. Reason: spelling

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              • #8

                It makes you wonder whether or not the "threshold" for reckless driving will be moved upward by 5 mph (to 86) when the speed limit increases from 65 to 70 mph in July.

                Interesting times ahead in the commonwealth!

                The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

                The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

                ------------------------------------------------

                "Ignorance on fire is hotter than knowledge on ice."

                Comment


                • #9
                  Originally posted by VA Dutch View Post

                  It makes you wonder whether or not the "threshold" for reckless driving will be moved upward by 5 mph (to 86) when the speed limit increases from 65 to 70 mph in July.

                  Interesting times ahead in the commonwealth!
                  It was still at 80 back prior to 1974 and the national 55 limit, when the posted limit was 70 in many places on Va's interstates. Older troopers have often talked about the frequency they took drivers to the magistrates for reckless driving then, or even just speeding back before the days of interstate violator compacts.

                  That 80 figure was in law back in the later '30s when there were hardly any vehicles on the roads, but the roads and vehicles so primative. Now ... roads and vehicles are better, but the roads so damn crowded. I look for it to remain.

                  Speed limit is 70 down on portions of I-85 for several years now.

                  § 46.2-870. Maximum speed limits generally.

                  Except as otherwise provided in this article, the maximum speed limit shall be 55 miles per hour on interstate highways or other limited access highways with divided roadways, nonlimited access highways having four or more lanes, and all state primary highways.

                  The maximum speed limit on all other highways shall be 55 miles per hour if the vehicle is a passenger motor vehicle, bus, pickup or panel truck, or a motorcycle, but 45 miles per hour on such highways if the vehicle is a truck, tractor truck, or combination of vehicles designed to transport property, or is a motor vehicle being used to tow a vehicle designed for self-propulsion, or a house trailer.

                  Notwithstanding the foregoing provisions of this section, the maximum speed limit shall be 65 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data, on: (i) interstate highways, (ii) multilane, divided, limited access highways, and (iii) high-occupancy vehicle lanes if such lanes are physically separated from regular travel lanes.
                  The maximum speed limit on Interstate Route 85 shall be 70 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data. The maximum speed limit shall be 60 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data, on U.S. Route 29, U.S. Route 58, U.S. Route 360, U.S. Route 460, and on U.S. Route 17 between the town of Port Royal and Saluda where they are nonlimited access, multilane, divided highways.

                  (Code 1950, § 46-212; 1950, p. 881; 1952, c. 666; 1954, c. 244; 1956, c. 364; 1958, c. 541, §§ 46.1-193, 46.1-401; 1960, c. 153; 1962, c. 307; 1964, cc. 118, 408; 1966, c. 85; 1968, c. 641; 1972, cc. 89, 546, 553, 608; 1974, c. 528; 1975, c. 533; 1977, c. 577; 1978, c. 605; 1980, c. 347; 1986, c. 639; 1988, cc. 662, 897; 1989, cc. 276, 526, 727; 1992, c. 598; 1994, c. 423; 1996, c. 1; 1998, cc. 546, 560; 1999, c. 142; 2001, c. 298; 2002, c. 872; 2003, c. 838; 2004, c. 696; 2005, cc. 266, 267, 268; 2006, c. 213; 2007, cc. 222, 544.)
                  "That's right man, we've got mills here that'll blow that heap of your's right off the road."

                  "Beautiful Daughter of the Stars."(it's my home now)

                  >>>>> A Time for Choosing <<<<<

                  Retired @ 31yr 2mo as of 0000 hrs. 01-01-10. Yeah, all in all, it was good.

                  Comment


                  • #10
                    70-MPH Speed Limit

                    Originally posted by t150vsuptpr View Post
                    That 80 figure was in law back in the later '30s when there were hardly any vehicles on the roads, but the roads and vehicles so primitive. Now ... roads and vehicles are better, but the roads so damn crowded. I look for it to remain.

                    Speed limit is 70 down on portions of I-85 for several years now.

                    Yeah, I sort of figured that the prevailing "> 80 mph" law on reckless driving would remain - since nothing I have heard would indicate a change was in order. That being said, I think we're going to be the only state in the union where 11 mph over a posted limit on I-95 will warrant a reckless driving ticket (a misdemeanor criminal offense in VA), let alone even causing a driver to be stopped in the first place.

                    What remains to be seen is how many troopers will exercise a bit of discretion and write for 'speeding' instead of reckless for someone doing 81 to 83 mph in a 70 zone, especially if traffic is light and they're not doing anything dangerous (i.e., unsafe lane changes, following too closely, etc.).

                    That way, it would be a "pre-payable" infraction and a court appearance would not be required for the defendant (especially one from out of state). Only time will tell, I suppose.



                    P.S. The posted limit is 70 mph in most places from NC down to FL, and I know from driving I-95 through all the Southern states that the "average" flow is 75 to 85 when traffic conditions are light. Heck, it is already 70 to 75 here with a "65" limit.

                    The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

                    The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

                    ------------------------------------------------

                    "Ignorance on fire is hotter than knowledge on ice."

                    Comment


                    • #11
                      Originally posted by VA Dutch View Post
                      What remains to be seen is how many troopers will exercise a bit of discretion and write for 'speeding' instead of reckless for someone doing 81 to 83 mph in a 70 zone, especially if traffic is light and they're not doing anything dangerous (i.e., unsafe lane changes, following too closely, etc.).
                      I think every Trooper I have talked to is convinced that it is unlawful to write a speeding ticket for over 80mph.

                      Comment


                      • #12
                        Well, maybe not unlawful, but that the VSP Superintendent will have a heart attack if he learns of it.



                        Comment


                        • #13
                          When writing it, if one wants it to be simply "speeding", then many will write it down to 80, a speed they no doubt were in fact traveling at somewhere between the higher speed observed and the stop. I've seen courts reduce a lot too.

                          If written at 81 on those portions of I-85 now poted at 70, that 11 mph is charged as "reckless driving" currently as it was back prior to January 1, 1974.

                          I know I wrote an awful lot of 81-83s at as "Speed 80/65 mph limit" after the 65 limit came in, but when it was 55 .... 81 went down as "Reckless Driving (speed 81/55 mph limit)". Judge and CA knew it too and if I was asked or testified, I testified to the speed they actually was checked at and when and etc. My 84s and up in a 65 still went down as RDs though. Anything the judge or prosecutor does is beyond the trooper's control or concern, though he may excert some influence.

                          The fact that people travel regularly at 75, even 80-85 down I-95 in neighboring states just speaks to the need for more effort in speed enforcement in my opinion, not that we should curb any efforts.

                          Originally posted by GGG
                          I think every Trooper I have talked to is convinced that it is unlawful to write a speeding ticket for over 80mph.
                          I agree, it is. Read the code section closely. It's a short section.
                          § 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.
                          If you write over 80 I don't see how you get around it. If you write it over 80 I think you're obligated to write it as RD. You can't write a charge as "Speed 83/65 mph limit" under 870 and still be in compliance with 862.

                          I would even agree that in a perfectly right world, the charges would be written by the letter, that if observed at 81 it would be written as RD if that be the law. It would require the legislature to write the spirit.

                          But it's not so perfect and neither am I ... we're just "close" (but if it were, there'ld be no need for laws would there? ).

                          Just an opinion ....... Later ........
                          Last edited by t150vsuptpr; 04-17-2010, 11:06 PM.
                          "That's right man, we've got mills here that'll blow that heap of your's right off the road."

                          "Beautiful Daughter of the Stars."(it's my home now)

                          >>>>> A Time for Choosing <<<<<

                          Retired @ 31yr 2mo as of 0000 hrs. 01-01-10. Yeah, all in all, it was good.

                          Comment


                          • #14
                            Originally posted by t150vsuptpr View Post
                            If you write over 80 I don't see how you get around it. If you write it over 80 I think you're obligated to write it as RD. You can't write a charge as "Speed 83/65 mph limit" under 870 and still be in compliance with 862.

                            I think we have had this discussion before.

                            I don't have to be in compliance with 862. I have discretion and can write a speeding ticket for 85mph if I do not think the driver was reckless. 862 says the driver shall be guilty of reckless if their speed is over 80. That means all I have to prove, is that their speed was over 80 in order to get a reckless conviction. Nowhere does the code state that the officer shall charge a driver with RD if their speed is over 80mph. I have written plenty of speed only tickets in the low 80's. Technically I could write a 100mph ticket under 870, but would hate to explain that one to a judge.

                            Now, if you say that we have to charge them with RD if we observe an act that meets the criteria, then you are just as non-compliant with 862 by reducing the mph to under 80mph and writing under 870.


                            IMHO anyway, backed by the Judges I have spoken to and appeared before.

                            Comment


                            • #15

                              Perhaps the general assembly will re-visit this issue in the future. We shall see, eh?


                              P.S. That 70-mph stretch of I-85 is boring - regardless of speed traveled.

                              The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

                              The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

                              ------------------------------------------------

                              "Ignorance on fire is hotter than knowledge on ice."

                              Comment

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