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Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excessive?

Is Reckless Driving (misdemeanor) for 20 miles over the speed limit excessive?


  • Total voters
    37
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Ever since your first response, you've changed the subject entirely into whether or not I will ever take responsibility for my actions and whether or not I even support a law against reckless driving. On both accounts, I do. But the severity of potentially ruining a person's life and their future chances of success because of a single error in judgement or mistake is absolutely cruel punishment.

Here is an idea for you. Get enough people to contact the Virginia law makers and get the the law changed. Unil then, the law is what it is for that State.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Well, not quite true. The Officer can put the mph lower than you were going, clocking you in under reckless.

This is true, yet it expects the officer to lie on the report in order to give the driver a break. And it is proof that even cops think the rule is excessive.

While I'm not fond of the misdemeanor charge in Virginia, I don't have a giant issue over it and can honestly say in my 28 years of living in the state I've never actually known someone who actually was jailed for speeding.

I brought up jail/prison because digsbe actually proposed upping the ante to a felony charge. I couldn't believe it. Reminds me of my debate with Kal'Strang who said those caught texting while driving should be thrown in jail. It is so extremely draconian, I had to check outside to see if I still live in the U.S.A.

The only road I have a significant issue with it on is the various areas of I-66 and I-81 (there may be some spots on I-64 as well) where the speed limit is 70. It is hard for me to buy that going 10 miles over the speed limit equals "reckless". I think if you're going to have it then an actual flat 20 would be better than the "20 over or 80 total" that we have in place now.

I'm glad you agree with me. I think we should implement an autobahn-like system where reckless driving is punished and not some arbitrarily decided speed limit number.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Here is an idea for you. Get enough people to contact the Virginia law makers and get the the law changed. Unil then, the law is what it is for that State.

That's nearly identical to what Redress said. "Put up or shut up." I have already contacted my representative. I am already engaged in dialogue with my neighbors and friends, as well the online community here at DP. The law needs to be changed. The mandate needs to be thrown out. The severity needs to be reduced. And those who argue I need to put up or shut up exhibit the signs of political lemmings.
 
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Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

In Virginia, there's an entire list of things that could get an ordinary citizen slapped with a misdemeanor charge.

Virginia Reckless Driving Charges FAQ - VA Reckless Driving Ticket Frequently Asked Questions - Virginia Reckless Driving Summons Ticket Charge

Simply going over 20 miles over the speed limit; Failing to use turn signals; Simply driving 80 mph; Obstructed view and even learning how to drive in an empty parking lot. See above.

In your opinion, is this a bit too excessive?

I live in California where the tickets are very expensive but at least, as far as speed is concerned, the highways are consistent in their posted limit and a maximum leeway of 15 miles over the limit is generally tolerated.

What are your thoughts?

Yes, a misdemeanor for 20 over is excessive. IMO you should never get a misdemeanor and a criminal record simply for speeding. If it is a contributor to an accident, that's one thing, but simply travelling 80mph on a 60mph highway shouldn't give you a criminal record, which could hamper efforts to get/keep a job and more. Distracted driving is the cause of more accidents than speed - few accidents are solely the result of speed, usually there are other factors (distracted driving, weather, etc).


What's ridiculous is wanting to lower the penalty of reckless driving. If we need to we can make it a felony, but I would support harsher sentencing when it comes to reckless driving and going 20 over.

That is idiotic. You really think someone should be given a felony for driving 20mph over? Something that will ruin their career and prevent them from voting, owning firearms, serving as jurors, receiving welfare, and from receiving licenses such as a visa and including professional licenses. All for driving 20mph over.


Doing 180 mph alone in your vehicle made to do it on an open flat highway isn't "reckless driving." Speeding, but not reckless. A person doing 45 in the left lane on a 7o mph flowing highway is what is reckless, as in dangerous to others.

180mph is reckless though, since at that speed you're not going to see something until it's too late. Too much can happen at that speed, our roads aren't good enough for that. I'm not sure where I'd draw the line though, perhaps 125? If our roads were maintained like the autobahn and our drivers were as well trained as in Germany, then 180 might be feasible. But too many drivers are idiots - camping in the left lane at 5 under, passing on the right, etc. Technically, even in the US you are supposed to keep to the right except to pass and never pass on the right. Nobody does that though, too busy eating their cheerios and doing their makeup...
 
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Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

In Virginia, there's an entire list of things that could get an ordinary citizen slapped with a misdemeanor charge.

In your opinion, is this a bit too excessive?

I live in California where the tickets are very expensive but at least, as far as speed is concerned, the highways are consistent in their posted limit and a maximum leeway of 15 miles over the limit is generally tolerated.

What are your thoughts?

I have always looked upon laws that create higher prison populations is big government business conducted within not only the government but the private sector also for what I like to call crap crimes. Take the disorderly conduct laws on the books in many states, a peace officer can issue a ticket for almost any reason that can quickly be drummed up.

Many misdemeanor or higher charged crime laws I have noticed being passed in the past 10-15 years have been very suspect of filling privately owned prisons as the motivation shown through their lobbyist movements.

PS: reckless driving should be saved for when someone wrecks something caused from their driving , I can see a "care required" ticket, again the work around. :peace
 
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Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

I misread the poll, it's not excessive at all. Here, going 25 miles over is a felony and should be. Learn to drive or get off the road.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

A know the hypocrisy of conservatism which fights big government only in so far as economic freedom will allow, but falls short of fighting big government in civil and personal freedoms. I know enough about Virginia to know that I don't like their traffic laws, or at least this one.

You'll need to make a better case to argue that putting other people lives at risk with deadly machinery is somehow a "civil rights" issue.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

I misread the poll, it's not excessive at all. Here, going 25 miles over is a felony and should be. Learn to drive or get off the road.

WRONG! Don't post false statements because they tend to be read by others and it completely undermines the argument against severity.

As you know, I was born and raised in Redlands. A quick search on Google will demonstrate that CA Reckless Driving is going 100 miles over the limit (it may be 90 in some jurisdictions or since I left). There may be more discretion up to the officer in regards to traffic conditions, weather, and area (i.e. school). But it is certainly NOT 25 across the board, and 25 over the limit IS NOT a felony. Please don't state such false statements because people have a tendency to believe whatever they read. In Virginia, where I live now, it is 20 mph over the limit MANDATORY.

As I said before, when I lived in CA (where the standard speed limit is 65 on most freeways), I could have traveled up to 15 mph over the limit without fear of being pulled over. I never traveled faster than 80 and on so many occasions, this rate of speed was actually safe given the speed of other drivers (at least if you're driving in the far 2 left lanes).
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

You'll need to make a better case to argue that putting other people lives at risk with deadly machinery is somehow a "civil rights" issue.

Driving conditions, weather, and the area where you're driving are important factors in determining proper speed and proper punishment for offenders. Second, it should be a standard rule to let police officers have some discretion in these cases. Finally, I do feel it is a violation of civil rights to be charged with a mandatory misdemeanor simply for traveling a blanket 20 mph over the limit. Severity of punishment can sometimes be so excessive, it is cruel. A permanent criminal record damages a person's ability to retain a career and/or seek a job. We shouldn't slap mandatory misdemeanors on people who commit what is suppose to be an infraction for the same moral reason we shouldn't execute drug smugglers or jail people for nonviolent crimes. As it is today, we're turning our prison systems into a profit-run corporation, and I would think a 'left-libertarian' would be against that. But I suppose labels don't mean anything.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

WRONG! Don't post false statements because they tend to be read by others and it completely undermines the argument against severity.

As you know, I was born and raised in Redlands. A quick search on Google will demonstrate that CA Reckless Driving is going 100 miles over the limit (it may be 90 in some jurisdictions or since I left). There may be more discretion up to the officer in regards to traffic conditions, weather, and area (i.e. school). But it is certainly NOT 25 across the board, and 25 over the limit IS NOT a felony. Please don't state such false statements because people have a tendency to believe whatever they read. In Virginia, where I live now, it is 20 mph over the limit MANDATORY.

As I said before, when I lived in CA (where the standard speed limit is 65 on most freeways), I could have traveled up to 15 mph over the limit without fear of being pulled over. I never traveled faster than 80 and on so many occasions, this rate of speed was actually safe given the speed of other drivers (at least if you're driving in the far 2 left lanes).

Actually, you're right, it takes another action while speeding to make it a felony, be it causing an accident, being under the influence, etc. However, if there is someone under the age of 12 in the car, you pass a school bus, do it in a school zone, etc., it does raise the speeding charge to a class H felony.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Actually, you're right, it takes another action while speeding to make it a felony, be it causing an accident, being under the influence, etc. However, if there is someone under the age of 12 in the car, you pass a school bus, do it in a school zone, etc., it does raise the speeding charge to a class H felony.

I HIGHLY doubt such circumstances make it a felony. Probably a misdemeanor.

But do you still believe a mandatory misdemeanor for driving 20 miles over the limit is justified? In the other post (where you believed it was a felony in CA), you seemed to indicate you support it simply because such harsh laws exist elsewhere. Is that a reasonable metric for evaluating justice?
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Not sure if I dig the felony idea...
I like the idea that I can cruise at 100 or so in a 65 on the beltway at 2-4am when its completely empty... as do the riceburners who don't tend to wanna crash their cars.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Doing 20 over is reckless.

Assuming the posted speed was correct to begin with, which in so far a freeways go, it is not.

The posted speed for freeways should be around 90.
Actually, that depends on the highway's design speed. Yes, there are actually tables in engineering books that tell us what speed a curve or hilltop is rated for in terms of visibility around the curve and over the tops of hills. Sure, it's easy to see that 10 miles of flat road is pretty safe at any speed - depending on other traffic - but most highways don't meet that description.

Also, at some point, the vehicle comes into question. I think all of them are safe to 90 MPH assuming they can pass an inspection.
 
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Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

This is true, yet it expects the officer to lie on the report in order to give the driver a break. And it is proof that even cops think the rule is excessive.

I was the beneficiary of this many a yarn ago when I was caught going well over the speed limit as I was trying to get to my cousin's house after a long drive from GA in which I was delayed by bad weather in the Carolinas. He reduced mine to 19 over so I wouldn't have to make the trip back to VA from GA to make the court appearance.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Driving conditions, weather, and the area where you're driving are important factors in determining proper speed and proper punishment for offenders. Second, it should be a standard rule to let police officers have some discretion in these cases. Finally, I do feel it is a violation of civil rights to be charged with a mandatory misdemeanor simply for traveling a blanket 20 mph over the limit. Severity of punishment can sometimes be so excessive, it is cruel. A permanent criminal record damages a person's ability to retain a career and/or seek a job. We shouldn't slap mandatory misdemeanors on people who commit what is suppose to be an infraction for the same moral reason we shouldn't execute drug smugglers or jail people for nonviolent crimes. As it is today, we're turning our prison systems into a profit-run corporation, and I would think a 'left-libertarian' would be against that. But I suppose labels don't mean anything.

Maybe we shouldn't pick and choose the rules we follow. Most times, 20 miles over the speed limit is too fast. In arizona, the speed limit is 75 highway, and over that is not tolerated. Would 95 be ok with you?
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Maybe we shouldn't pick and choose the rules we follow. Most times, 20 miles over the speed limit is too fast. In arizona, the speed limit is 75 highway, and over that is not tolerated. Would 95 be ok with you?

At what time and in what place did I argue breaking the law? I argued we should CHANGE the law. At what time and in what place did I argue 20 miles over the limit ISN'T too fast? In arizona, the speed limit varies depending on where you're at, and the punishment also varies. But there is a MAJOR DIFFERENCE between a mandatory 20 mph over the limit (meaning 75 in a 55 is an automatic misdemeanor) versus 20 mph over in a 75-80 posted limit. If you're going 95 or 100 mph ANYWHERE, a misdemeanor makes sense. But a blanket mandatory 20 mph over the limit is excessive.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

The very last legal issue I ever handled was exactly this -- 25 MPH over the limit, in VA.

There are so many escape valves to this law, no one should ever get their panties in a bunch about it. You need to be a serious repeat offender not to get it kicked. And if you are, then you deserve it.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

The very last legal issue I ever handled was exactly this -- 25 MPH over the limit, in VA.

There are so many escape valves to this law, no one should ever get their panties in a bunch about it. You need to be a serious repeat offender not to get it kicked. And if you are, then you deserve it.

I get my panties in a bunch because it is clearly a money-making system for the state and for lawyers. You pay $250 to the state for a reduced charge and $750-1000 to a lawyer.

The fact that you can finagle your way out of a misdemeanor by paying out the ass doesn't deviate from the fact it is an excessive law.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

I get my panties in a bunch because it is clearly a money-making system for the state and for lawyers. You pay $250 to the state for a reduced charge and $750-1000 to a lawyer.

The fact that you can finagle your way out of a misdemeanor by paying out the ass doesn't deviate from the fact it is an excessive law.

If you're a first-offender, it'll be kicked; you might pay court costs.

If you pay $250 for 20 MPH over the speed limit, that lines up with a typical repeat-offender fine.

Where do you get "$750-1000" for a lawyer on this matter?

20 MPH over the speed limit is reckless, no matter how you slice it, so a stiff penalty is in order.

Or do you think there shouldn't be speed limits?
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

I believe so. Reckless has a meaning, and setting arbitrary values strips the word of its meaning. You can go 80 without being reckless.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

I misread the poll, it's not excessive at all. Here, going 25 miles over is a felony and should be. Learn to drive or get off the road.

A felony? Hell ****ing no.
 
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