View Poll Results: Is Reckless Driving (misdemeanor) for 20 miles over the speed limit excessive?

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  • Absolutely.

    39 48.75%
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Thread: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excessive?

  1. #41
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    Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

    I thought a misdemeanor traffic stop would be like driving w/o a license, hit and run, no insurance, etc. I don't think that speeding is a misdemeanor but then again I don't know how ticketing is done very well.

  2. #42
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    Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

    I was driving through VA one time to visit my cousin in DC and got stopped. I was going 25 over in a 55 zone. The officer lowered it to 19 because I was on an out-of-state license (GA). 20 would have required me to face a judge in VA at a later date...
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  3. #43
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    Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

    Exceed the school zone residential or are caught by Lazar or radar speeding by 5 or more mph and you get nabbed in California. Doing more than 15 over the limit can result in 15 days in jail and a hefty fine. They use Radar and Lazar so the !5 MPH over the limit is a myth that can get you in trouble fast if caught.

    Driving over 100 mph is a violation of Veh C section 22348(b), and carries a scheduled fine of $760 and a possible 30 day license suspension.

  4. #44
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    Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

    Quote Originally Posted by Redress View Post
    Of course not. If you cannot figure out how to drive within the rules, you suffer consequences.
    Wow. So many people like that simple sentence. Yet, you just said a misdemeanor charge would be too lenient. The next step is a felony. This reminds me of when another poster on DP (I can't remember his username) argued that those caught texting while driving should spend a night or two in jail. Punishments like that are extremely excessive. Various states have statues or clauses that demand and even mandate a serious consequence for a seemingly minor law violation. Speeding is a perfect example of a seemingly minor law violation. Going 75/55 should not come with a charge of high crime and a night (or weeks) in jail.

    It also reminds of an excessive statute in Oklahoma. Completely unrelated to driving, I read it is a mandatory jail sentence in the state of Oklahoma to possess a mere gram of marijuana. A gram! We don't need harsh, draconian laws like these ones. We have enough unemployed and enough prisoners.

  5. #45
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    Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

    Quote Originally Posted by Goshin View Post
    I was, and in my state ALL tickets are misdemeanors. I will admit that I do not know whether this is the case in EVERY state of the union, but it most definitely is in mine.
    Please provide evidence to support your claim. I would be flabbergasted to find out that a state charges every single traffic violation as a misdemeanor. I believe you're mistaken.


    Dammit, now I've got to find out whether other states consider tickets misdemeanors, since you're making a big ass deal out of it.
    The large majority of traffic citations are for common infraction cases of speeding and other moving or non-moving violations. To up the ante and turn one of these common mistakes into a permanent criminal record which weighs against every new job opportunity in the future is bull****.

    Quote Originally Posted by Goshin View Post
    Okay, apparently tickets are classified differently by different states. What a shock, huh.

    One lawyer says that as a general principle all speeding tickets are misdemeanors. Other sources say otherwise.

    So far, New Jersey yes, Texas and Michigan no (civil infractions).
    Again, please provide the evidence.

    Apparently we were both over-generalizing.
    I was not generalizing at all. At least as far as I know it, the vast majority of U.S. states issue infraction citations on most common traffic violations. There are only a tiny handful, like Virginia and Arizona, who up the stakes and punish an individual for the rest of his life because he made the mistake once of going 20 over the speed limit.




    Apparently Virginia is harsher than most in terms of speeding tickets...
    Yea, no kidding.

  6. #46
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    Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

    Quote Originally Posted by ludahai View Post
    I was driving through VA one time to visit my cousin in DC and got stopped. I was going 25 over in a 55 zone. The officer lowered it to 19 because I was on an out-of-state license (GA). 20 would have required me to face a judge in VA at a later date...
    You were >< this close to being charged with reckless driving. Lucky you. Perhaps if you had been like one of the many thousands of others who are charged with the same crime, you would have voted differently in the poll. Contrary to your statement, I've spoken with numerous people and attorneys who all say the police will often target people with out-of-state license plates. And the officer that cited my wife just a couple weeks ago told us that 20 over the limit is a mandatory reckless. In other words, either that officer lied, or the officer in your scenario broke the rules (or perhaps the mandate was a later provision that occurred after this incident). In any case, had the cop not been such a compassionate guy, you would have faced a dramatically different scenario.

  7. #47
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    Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

    Absolutely Not.....Reckless driving, speeding....kills

  8. #48
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    Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

    Quote Originally Posted by Councilman View Post
    Exceed the school zone residential or are caught by Lazar or radar speeding by 5 or more mph and you get nabbed in California. Doing more than 15 over the limit can result in 15 days in jail and a hefty fine. They use Radar and Lazar so the !5 MPH over the limit is a myth that can get you in trouble fast if caught.

    Driving over 100 mph is a violation of Veh C section 22348(b), and carries a scheduled fine of $760 and a possible 30 day license suspension.
    I would imagine you've had bad experience with traffic police in the greater Riverside area. Riverside is notorious for its strict punishments and draconian laws. It was, after all, one of the dry cities that banned alcohol before the rest of the country did.

    In my experience, no cop has ever pulled me over for going ten over the limit. I routinely drive no more than 80 in a 65 zone, and I never drive faster than the traffic itself. From my own experience and the experiences of those around me, cops will often tolerate a 15-over-the-limit threshold (at least in my part of SoCal) but no more than that, and if traffic conditions demand a slower speed, then their tolerance goes down.

  9. #49
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    Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

    Quote Originally Posted by lpast View Post
    Absolutely Not.....Reckless driving, speeding....kills
    Reckless driving by speeding is a misdemeanor crime I'm capable of supporting. That would be like going 100 mph on any road. But simply going 20 miles over the speed limit should not warrant a misdemeanor charge. And despite the small sample of the poll which is currently against me, the rest of America at least is in agreement. Otherwise, every state would be like Virginia. But they're not. We don't need to ruin more lives for common errors in judgement and simple traffic violations.

  10. #50
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    Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

    Quote Originally Posted by ElijahGalt View Post
    Reckless driving by speeding is a misdemeanor crime I'm capable of supporting. That would be like going 100 mph on any road. But simply going 20 miles over the speed limit should not warrant a misdemeanor charge. And despite the small sample of the poll which is currently against me, the rest of America at least is in agreement. Otherwise, every state would be like Virginia. But they're not. We don't need to ruin more lives for common errors in judgement and simple traffic violations.

    What is the point of having a speed limit then ? using your logic, do away with them...if you cant see and understand the difference between a Speed limit set by law and breaking that law by going 20mph over it...then I dont know what to say...

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