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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

lpast said:
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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How many times do I have to repeat myself? My conviction has nothing to do with the right and/or privilege or lack thereof in regards to speeding. REREAD the OP, you'll find it has NOTHING to do with the reasoning or justification behind speeding as a violation of traffic law. In my personal opinion, I would like for some highways (certainly I can't speak for all of them) to emulate the autobahn, but that is not the purpose of this thread. This thread is strictly concerning the excessive and unnecessary high crime punishment for a seemingly common traffic violation.

I'm for an infraction citation, but certainly not a high crime as detrimental as a misdemeanor.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

ElijahGalt said:
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.
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I was lucky, but by the time they would have sent me the court summons, I would have been in China and would have had to settle it when I returned to the States. I was going to my cousin's to store stuff of mine as I was leaving the country two weeks later... lol... actually, the officer was really nice about it... and no, I was wrong... I shouldn't have been driving that fast and I know it...
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Ya know what? Every time we turn around you're apparently on the verge of being jailed for something.

If this happens to you a lot, maybe you should consider that it might be YOU and not the law...
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

ElijahGalt said:
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.
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The reason so many liked it was because people like the concept of personal responsibility.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Driving 20 over puts other people's lives at risk. It should most definitely be a misdemeanor. You're being an extremely irresponsible drive if one is going 20 over. It puts other drivers (and yourself) at risk and is dangerous. If anything it should receive a more strict punishment. You have absolutely no right to speed going 20 over and putting others in harms way because you chose to violate the law.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Goshin said:
Ya know what? Every time we turn around you're apparently on the verge of being jailed for something.

If this happens to you a lot, maybe you should consider that it might be YOU and not the law...
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Given that I've already said it four times, it was my wife who was cited. So, I resent that statement. I'm actually a very law-abiding citizen. I probably drive more cautiously than you do. The only encounter with the law that I've had was that time the cops pulled me over and arrested me on the SUSPICION that I was high on meth. Even the D.A. thought it was a bogus charge. Other than that, you won't find a single ticket or parking citation on my record.

With that said, am I not allowed to question some ridiculous law that mandates a high criminal charge for a seemingly common traffic violation? Would you rather have me bow down and accept every law and statute on the books? What kind of democracy would we be if everyone kowtowed to a draconian government?
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

ludahai said:
I was lucky, but by the time they would have sent me the court summons, I would have been in China and would have had to settle it when I returned to the States. I was going to my cousin's to store stuff of mine as I was leaving the country two weeks later... lol... actually, the officer was really nice about it... and no, I was wrong... I shouldn't have been driving that fast and I know it...
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Of course you were wrong. But at best, you deserved a speeding ticket, not a permanent criminal record that would hang over your life forever.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Redress said:
The reason so many liked it was because people like the concept of personal responsibility.
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I do more than you, I bet. Given that you've already stated how much you love to use government to get things done, I personally believe individuals should be more responsible for themselves and less dependent on the government.

However, this thread has nothing to do with personal responsibility. Most Americans are more than willing to accept responsibility for a traffic violation, but we're talking about a single state that decides to punish people for the rest of their lives because they commit one of the most common traffic violations in the country.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

digsbe said:
Driving 20 over puts other people's lives at risk. It should most definitely be a misdemeanor. You're being an extremely irresponsible drive if one is going 20 over. It puts other drivers (and yourself) at risk and is dangerous. If anything it should receive a more strict punishment. You have absolutely no right to speed going 20 over and putting others in harms way because you chose to violate the law.
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That's what Redress proposed. A more stricter punishment. Maybe both of you don't realize that it is already a CLASS 1 Misdemeanor, the highest class of misdemeanor. The only thing higher is a felony. Is that what you support? A felony charge? A mandatory prison sentence? How ridiculous!
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

ElijahGalt said:
That's what Redress proposed. A more stricter punishment. Maybe both of you don't realize that it is already a CLASS 1 Misdemeanor, the highest class of misdemeanor. The only thing higher is a felony. Is that what you support? A felony charge? A mandatory prison sentence? How ridiculous!
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Or we could call the next step a Class 1a misdemeanor, and up the penalties by 50 %.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

ElijahGalt said:
That's what Redress proposed. A more stricter punishment. Maybe both of you don't realize that it is already a CLASS 1 Misdemeanor, the highest class of misdemeanor. The only thing higher is a felony. Is that what you support? A felony charge? A mandatory prison sentence? How ridiculous!
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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.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Very VERY foolish law! It should not be a misdemeanor! Ridiculous!
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Redress said:
Or we could call the next step a Class 1a misdemeanor, and up the penalties by 50 %.
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There is no such thing. Class 1 is the highest level of a misdemeanor. Despite the outcome of the poll, you guys are in the fringe minorities. About as crazy as Kal'Strang, who wants to throw people in prison for texting while driving. In terms of the severity and brutality of laws and their punishments, you guys are its greatest advocates. If I'm wrong, then tell me when you feel the punishment would go over the line. What's next? A prison sentence for people who jaywalk? Why not support what the rest of America views as appropriate and sufficient punishment for speeding 20 miles over the limit- an infraction and a fine.

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

ElijahGalt said:
There is no such thing. Class 1 is the highest level of a misdemeanor. Despite the outcome of the poll, you guys are in the fringe minorities. About as crazy as Kal'Strang, who wants to throw people in prison for texting while driving. In terms of the severity and brutality of laws and their punishments, you guys are its greatest advocates. If I'm wrong, then tell me when you feel the punishment would go over the line. What's next? A prison sentence for people who jaywalk? Why not support what the rest of America views as appropriate and sufficient punishment for speeding 20 miles over the limit- an infraction and a fine.

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.
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There certainly could be if the people of Virginia choose to make it that way. They probably don't have much sympathy for people who refuse to accept responsibility for their actions either.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

For people to sign this into law is reckless and irresponsible! A misdemeanor for speeding? Really? 20 over? Give me a ****ing break. STUUUUUPID.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Redress said:
There certainly could be if the people of Virginia choose to make it that way. They probably don't have much sympathy for people who refuse to accept responsibility for their actions either.
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Redress you have a point about being responsible. But the penalty is WAYYYYY out of line here. WAY. Not even on the same planet. If youre going 75 in a 55 you get a criminal record!?!? What sense does that make!??! Its like breaking someones arm for burning your hamburger on the grill. :roll:
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

The Giant Noodle said:
Redress you have a point about being responsible. But the penalty is WAYYYYY out of line here. WAY. Not even on the same planet. If youre going 75 in a 55 you get a criminal record!?!? What sense does that make!??! Its like breaking someones arm for burning your hamburger on the grill. :roll:
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Again I really doubt the officer would issue a reckless driving for that. 50 in a 30 sure is reckless though. Or 40 in a 10 MPH school zone.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

digsbe said:
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.
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I was just reading some old threads and noticed this draconian response.

So, you think it is justified to up the penalty to an automatic felony. Let me remind you that it is currently a mandatory misdemeanor, meaning the officer has absolutely no discretion. So, instead of a misdemeanor, you're entertaining the idea of a mandatory felony charge for anyone going 20 over the speed limit? Everywhere I look, including the state of Virginia, the normal buffer zone is about 10 miles over the limit. Back in my home state of CA, you could easily go 15 without fear of being pulled over. Here, anymore than 10 and you're likely to be pulled over. I'm not debating the buffer zone, but I think it's ridiculous that you're arguing for an increase in penalty, from a mandatory misdemeanor to a mandatory felony JUST for going 20 miles over the limit.

In CA, 20 over the limit is a routine ticket. Expensive, yes. But nothing that sends you to jail or reduces your chances of a decent career. A felony is like a mandatory PRISON sentence and is likely to kill any chances of a real career, let alone a decent one.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Mensch said:
I was just reading some old threads and noticed this draconian response.

So, you think it is justified to up the penalty to an automatic felony. Let me remind you that it is currently a mandatory misdemeanor, meaning the officer has absolutely no discretion. So, instead of a misdemeanor, you're entertaining the idea of a mandatory felony charge for anyone going 20 over the speed limit? Everywhere I look, including the state of Virginia, the normal buffer zone is about 10 miles over the limit. Back in my home state of CA, you could easily go 15 without fear of being pulled over. Here, anymore than 10 and you're likely to be pulled over. I'm not debating the buffer zone, but I think it's ridiculous that you're arguing for an increase in penalty, from a mandatory misdemeanor to a mandatory felony JUST for going 20 miles over the limit.

In CA, 20 over the limit is a routine ticket. Expensive, yes. But nothing that sends you to jail or reduces your chances of a decent career. A felony is like a mandatory PRISON sentence and is likely to kill any chances of a real career, let alone a decent one.
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Here is a silly idea: don't break the ****ing law and you do not have to worry. But if you are willing to put others at risk for your convienience, you have no room to complain about the penalty for those actions.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Redress said:
Here is a silly idea: don't break the ****ing law and you do not have to worry. But if you are willing to put others at risk for your convienience, you have no room to complain about the penalty for those actions.
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So, the severity doesn't matter all? Should we stick them in prison for a year or two or three or life just because? Is it right to challenge the severity of punishment? I think so. Heck, they chop people's heads off in other countries for being adulterous, and I'm sure you would object to that. The severity of the law is up to debate just as the law itself!

What you're saying is submit regardless of what the law says or regardless of what the public deems is the right punishment. It's the epitome of a sheepish mentality. Don't question, just follow the crowd. Don't criticize, just accept. We live in a democracy, my friend. Laws and their respective punishments are up to interpretation. And this one is definitely WAY too severe. It's even more ridiculous for digsbe to offer the idea that we need to UP the penalty to a felony! 20 miles over the limit a felony! What world are we living in?
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Mensch said:
So, the severity doesn't matter all? Should we stick them in prison for a year or two or three or life just because? Is it right to challenge the severity of punishment? I think so. Heck, they chop people's heads off in other countries for being adulterous, and I'm sure you would object to that. The severity of the law is up to debate just as the law itself!

What you're saying is submit regardless of what the law says or regardless of what the public deems is the right punishment. It's the epitome of a sheepish mentality. Don't question, just follow the crowd. Don't criticize, just accept. We live in a democracy, my friend. Laws and their respective punishments are up to interpretation. And this one is definitely WAY too severe. It's even more ridiculous for digsbe to offer the idea that we need to UP the penalty to a felony! 20 miles over the limit a felony! What world are we living in?
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It's up to Virginia to decide, not some one who wants a lesser penalty so he can speed.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Redress said:
It's up to Virginia to decide, not some one who wants a lesser penalty so he can speed.
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That's a subtle attack on me! I don't want to speed. I'm probably a more cautious driver than you. My wife says I drive like a grandpa. Don't turn this around on me. I'm an objective voice challenging a seemingly ridiculous punishment.

And your response again is, "shut up, don't question, just submit." Do you have anything else to say? Try justifying it. Why is it necessary to throw people in prison for a felony conviction because they drive 20 miles over the limit? That's not excessive at all?
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Binary_Digit said:
Roads and highways tend to have an inherent maximum safe speed, even if traffic is light, and IMO none of the highways in northern VA are safe above 70 which would be 15 over. When I lived in San Diego, 75 was the norm because the highways were in good shape, but that's simply not feasible here. I totally agree that 75 on these highways is reckless.
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You and I apparently live in a different Northern Virginia area. Outside of Rush Hour when there's gridlock its not safe to drive under 70 on most of the highways here...you're liable to be ran over.

Mensch said:
Too bad there are no exceptions in Virginia.
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Well, not quite true. The Officer can put the mph lower than you were going, clocking you in under reckless.

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.

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

Mensch said:
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.
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You make a good point how while conservatives tend to rage against government power, they also tend to want the most restrictive and criminal laws with the more severe sentences.

Generally, when conservatives complaint about government power, they only mean in relation to themselves. They pretty much want anyone doing anything they don't do to be crushed by government.
 
Re: Is Reckless Driving (Misdemeanor) charge for 20 miles over the speed limit excess

Zyphlin said:
You and I apparently live in a different Northern Virginia area. Outside of Rush Hour when there's gridlock its not safe to drive under 70 on most of the highways here...you're liable to be ran over.



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

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.

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.
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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.
 
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