Incident with the Virginia State Police from last May

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Yakinho
    Mod Crazy
    • Feb 2007
    • 650

    #16
    Sucks man, VA cops are DICKS. Please guilty with an explanation and they should reduce it substantially.

    Comment

    • 2Big4a3Series
      Grease Monkey
      • Jan 2008
      • 333

      #17
      I think that with a situation like yours, you can work the system and get off with a minimal penalty if not completely scot-free. I've been pulled over 9 times in 6 different VA counties in the last 5 years without a single conviction.

      They don't have "guilty with explanation" in any of the Virginia courts that I have been to as they have it in MD and DC (and I have been to several of them). Usually the best thing to do is to plead "not guilty". The court does not take offense to a "not guilty" plea and the judge will usually advise everyone to take this position if they want their side to be heard.

      After the judge asks for your plea, swears you under oath, etc, he will ask, "Is there anything that you want to ask the officer?" and "Is there anything that you want to tell the court?" I answer "No" to the first question and then I always answer the second question by saying, "Everything that the officer says in his report is accurate and correct however.." and then I own up to the fact that I should have been paying better attention to the speed limit sign (or whatever it was I did wrong) and then I finish by saying, "..and your honor I am here today to seek mercy and consideration from the court."

      Personally I think that if you told the judge that you saw the officers and then slowed down to what you thought was a safe speed to pass them and being that you are from out of state, you were not aware of this law, he more than likely will throw it out.

      Comment

      • bostonbmw
        E30 Addict
        • Nov 2004
        • 429

        #18
        Originally posted by BenM
        I attempted to call up and plead "no-contest", but I have to physically appear there. Either that or hire a lawyer which I really don't want to do.

        VA is just a shitty revenue generating state, more concerned with taking your money than traffic safety.

        X2 they just want the $$$

        Comment

        • dirty30
          No R3VLimiter
          • Jul 2004
          • 3005

          #19
          Originally posted by 2Big4a3Series
          I think that with a situation like yours, you can work the system and get off with a minimal penalty if not completely scot-free. I've been pulled over 9 times in 6 different VA counties in the last 5 years without a single conviction.

          They don't have "guilty with explanation" in any of the Virginia courts that I have been to as they have it in MD and DC (and I have been to several of them). Usually the best thing to do is to plead "not guilty". The court does not take offense to a "not guilty" plea and the judge will usually advise everyone to take this position if they want their side to be heard.

          After the judge asks for your plea, swears you under oath, etc, he will ask, "Is there anything that you want to ask the officer?" and "Is there anything that you want to tell the court?" I answer "No" to the first question and then I always answer the second question by saying, "Everything that the officer says in his report is accurate and correct however.." and then I own up to the fact that I should have been paying better attention to the speed limit sign (or whatever it was I did wrong) and then I finish by saying, "..and your honor I am here today to seek mercy and consideration from the court."

          Personally I think that if you told the judge that you saw the officers and then slowed down to what you thought was a safe speed to pass them and being that you are from out of state, you were not aware of this law, he more than likely will throw it out.
          In VA you can plead guilty with explanation for any traffic violation BUT in most cases (misdomeanors etc.) your first visit may just be a hearing to plead guilty or not guilty then they assign a court date. I wasted a four hour trip one time just to say "not guilty" and get a court date assigned. No one told me my attourney could have done it for me. The cop that pulled me over was present in court and lied to the judge about what I had said to him when I was pulled, got the color of my e30 and number of doors wrong on the report, and made up a speed that was about 15 over what I was actually doing. Good luck...

          BTW what part of VA were you in? Mile marker?

          Comment

          • dirty30
            No R3VLimiter
            • Jul 2004
            • 3005

            #20
            Originally posted by mrsleeve
            Never consent to a search with out a warrant Peroid.


            If they want to search your car let tell them you will comply when the have a warrant to do so. If they had probable cause they would search you right off the bat, hence his question about having just a little bit of drugs!!!!!!!!!!!!!!!

            That late at night he better have a damm good reason to need to search you, to call and wake up a judge to get search warrant. Its more than likely a bluff.

            Never surrender your rights for any reason you have them for a reason.
            They don't need a warrant, at least in VA, to search your car. They can rip the entire vehicle apart right there on the spot and you can't say a word. Ask me how I know.

            Comment

            • imprttuner88
              Wrencher
              • Jun 2009
              • 293

              #21
              VA is in the same boat NC is in. Their governors have told law enforcement agencies no warning tickets, warning tickets don't generate $$$$. The pressure is on to generate $$$ to help makeup budget shortfalls. Doesn't excuse them being dicks, but with this out there the dicks are being even more so.............
              1987 325i LeChump: H&R Race springs, weight reduction and beat to hell

              2005 Mazda RX8: Koni Yellows, Hotchkis FSB, 245 BFG Rivals RTR #11

              2011 Mazda CX7 Sport: The family truckster

              2001 Buick Park Ave: The DD grandpamobile

              1991 Ford F150 XLT 302: camping/towing

              Comment

              • e30this
                No R3VLimiter
                • Dec 2007
                • 3580

                #22
                Be very very happy you dont live in VA. They have a law if your going 20 over I think it is, maybe 25.
                You get a wreckless driving ticket and an automatic 1,050.00 fine!

                Talk about bend the fuck over.!!!

                Comment

                • mrsleeve
                  I waste 90% of my day here and all I got was this stupid title
                  • Mar 2005
                  • 16385

                  #23
                  Originally posted by dirty30
                  They don't need a warrant, at least in VA, to search your car. They can rip the entire vehicle apart right there on the spot and you can't say a word. Ask me how I know.
                  Splain this.


                  Ahhh thats a big violation of the 4th amendment w/o probable cause, You must be taken into custody before your car or person can be searched w/o a warrant.

                  Your refusal to consent to a search is not grounds for probable cause to search or get a warrant.
                  Last edited by mrsleeve; 07-03-2009, 06:39 AM.
                  Originally posted by Fusion
                  If a car is the epitome of freedom, than an electric car is house arrest with your wife titty fucking your next door neighbor.
                  The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money. -Alexis de Tocqueville


                  The Desire to Save Humanity is Always a False Front for the Urge to Rule it- H. L. Mencken

                  Necessity is the plea for every infringement of human freedom. It is the argument of tyrants.
                  William Pitt-

                  Comment

                  • e30trooper
                    R3V OG
                    • Mar 2009
                    • 11576

                    #24
                    ....and I used to think LA cops were punks , they dont trip that bad. I guess It just depends on the area.

                    Comment

                    • CAOSyAMOR
                      Mod Crazy
                      • Oct 2007
                      • 789

                      #25
                      never travel through there again, and say fuck it to it all!
                      sigpic
                      Evolution of My E30 M3Recent PicsSC*AR

                      Comment

                      • z31maniac
                        I waste 90% of my day here and all I got was this stupid title
                        • Dec 2007
                        • 17566

                        #26
                        I thought pulling over into the other lane was just standard, whether it's the law or not.

                        One of those things I thought you are "just supposed to do."
                        Need parts now? Need them cheap? steve@blunttech.com
                        Chief Sales Officer, Midwest Division—Blunt Tech Industries

                        www.gutenparts.com
                        One stop shopping for NEW, USED and EURO PARTS!

                        Comment

                        • YAN-3
                          R3V OG
                          • Jan 2004
                          • 6018

                          #27
                          cops suck ______

                          Comment

                          • dirty30
                            No R3VLimiter
                            • Jul 2004
                            • 3005

                            #28
                            Originally posted by mrsleeve
                            Splain this.

                            Ahhh thats a big violation of the 4th amendment w/o probable cause, You must be taken into custody before your car or person can be searched w/o a warrant.

                            Your refusal to consent to a search is not grounds for probable cause to search or get a warrant.
                            My friend had the door panels pulled off of his s10 pick-up in an attempt to find drugs in the car. No drugs were found and the car and the driver were left as is. IN VA they don't need a search warrant to search your car.

                            Originally posted by THEFREEDICTIONARY.COM
                            A warrant is not required for a search incident to a lawful arrest, the seizure of items in plain view, a border search, a search effected in open fields, a vehicle search (except for the trunk), an inventory search of an impounded vehicle, and any search necessitated by exigent circumstances. It is also not required for a Stop and Frisk, a limited search for weapons based on a reasonable suspicion that the subject has committed or is committing a crime. A police officer may also conduct a warrantless search if the subject consents.
                            You will find that "reasonable suspicion" is a blanket statement and can be used for virtually anything. I am not saying that free legal dictionary dictates every law of every state but I am telling you police don't need a sheet of paper to search your car. "Hey this guy looks like he smokes pot, thats enough for me lets search his car."

                            Since when do your amendment rights matter anyway? Go shout "FUCK FUCK FUCK" repeatedly in a public place and watch your amendment rights get flushed down the toilet. If we adhered to those so called "rights" this country would be a very different place. Probably a worse place.

                            Comment

                            • BenM
                              R3VLimited
                              • Nov 2006
                              • 2184

                              #29
                              Originally posted by CAOSyAMOR
                              never travel through there again, and say fuck it to it all!
                              Unfortunately, it is impossible to get anywhere in the Southeast without going through VA. I was considering detouring through Kentucky and West Virginia, but that would have been an exorbitant amount of time wasted on the road.

                              Originally posted by e30this
                              Be very very happy you dont live in VA. They have a law if your going 20 over I think it is, maybe 25.
                              You get a wreckless driving ticket and an automatic 1,050.00 fine!

                              Talk about bend the fuck over.!!!
                              Tell me about it, its completely fucked up. That's in addition to the reckless driving fine!

                              Originally posted by z31maniac
                              I thought pulling over into the other lane was just standard, whether it's the law or not.

                              One of those things I thought you are "just supposed to do."
                              It was the Friday before memorial day weekend and heavy traffic. I had been up pretty early and driving for 6 hours, and had a momentary lapse in judgement.

                              I've never been to OK, but here in CT it is pretty congested and we have a shitload of traffic. Often times it is simply not possible to pull over to the opposite lane due to the traffic or being blocked in. We do however slow down quite a bit, hence why I slowed down while passing.
                              Originally posted by BillBrasky
                              E36's are the Stephen Baldwin of the 3 series family. They barely hold everything together and they only sold a lot because of the popularity of their older sibling.
                              1991 318i Alpine II - S50/5-lug swapped - track car
                              1989 325i Cirrusblau - Daily
                              1970 2500 - Malaga over Grey Cloth
                              2012 F350 6.7PSD

                              Comment

                              • TDE30
                                R3V OG
                                • Feb 2008
                                • 7042

                                #30
                                Originally posted by BenM
                                It was the Friday before memorial day weekend and heavy traffic. I had been up pretty early and driving for 6 hours, and had a momentary lapse in judgement.
                                The heavy traffic alone should give the lovely state of Virginia enough reason as to why you couldn't pull into the left lane in the first place. I say fight it, it wasn't anything blatant like a speeding ticket or something.

                                GL.
                                - Trey

                                E90 325i/6 (ZSP, ZPP, ZCW)
                                E36 325i sedan
                                E30 325i sedan
                                Volvo 945T

                                Comment

                                Working...