Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess
If you do not want to be charged with a misdemeanor then do not speed 15-20 miles over the speed limit. You do not have the right to drive nor do you have the right to drive as fast as you want.
Who decides when, where, and what I'm allowed to drive? You? The government? That is correct, but it is actually a separate debate. I do not believe that physically driving a car is an absolute privilege granted by a higher government. The government has monopolized nearly the entire roadway system of America. Individuals have no choice but to bow to the will of government. But frankly, driving a motor vehicle, like operating any other technological equipment, should not be viewed as a government privilege.
Yes, we do not have the right in this country to drive as fast as we want. But nearly 95% of the U.S. population would admit to speeding at one time in their life. Most people, at least every single individual I know with the exception of the elderly, will go over the legal limit at least 5 mph, usually it's 10. Most people will tell you that ten miles over the limit is generally safe and few cops will pull you over for ten miles. Anything more than ten miles, and you could definitely be pulled over and cited. Depending on where you live, you can drive 15 mph over the limit and still be fine. That is true for many parts of California, and Binary_Digit may have been accurate when he said it will depend on the conditions of the highway, itself.
But in Virginia, 15 mph over the limit (what many Americans are even comfortable driving) can be considered reckless. 20 mph is a mandatory reckless with a misdemeanor. I guess most of the people who voted on this poll don't realize how often Americans speed and how incredibly harmful a misdemeanor conviction could mean in the future. This country is already filled with overcrowded prisons, excessive laws, and an unemployed population. Why create more prisoners and more unemployed people for violations that should come with just an infraction?
Do you have links to back up this claim?
Reckless driving - Wikipedia, the free encyclopedia
A better question would be, can you list the states in the greater U.S.A. whose mandatory provisions require a reckless driving misdemeanor charge for a flat 20-over-the-limit. Since it would be fruitless for myself to prove a negative, the burden of proof is on you to prove that Virginia is not the only one. I'm sure there are probably a few other states, and I think (according to Risky Thicket), Arizona is probably one of them. But as I said, for the vast majority of America, 20-over-the-limit without accident or injury is an infraction with probably an expensive ticket.
It is certainly relevant that if you believe going 15 or 20 miles over the limit would warrant a misdemeanor reckless conviction, then we should examine your own driving record. Of course, if you have a perfectly clean record and swear to all that is holy that you never go beyond the legal limit, then it becomes irrelevant. It would be like arguing against alcohol prohibition to a woman of the temperance movement.
Its excessive to drive 15-20 miles over the speed limit.Your speeding endangers those who are actually obeying the traffic laws.
The question is not about the excessive behavior of going 15 or 20 miles over the speed. With only a few minor exceptions, the majority of America would agree that 20 miles over the limit is excessive and should be faced with penalty. 15 would be a little bit more debatable and it would definitely depend on circumstances. But only a handful of state governments actually wish to turn ordinary speeding tickets into misdemeanors and mandatory sentences.