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2 law questions for reference
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  (#1)
Traction Control
 
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2 law questions for reference - August 10, 2009, 01:02 PM

2 things that I always hear different answers for:

1. can you get some type of ticket / other shit for having between .00 and .08 BAC? I'm pretty sure there's something, but don't know what it's called.

2. WTF is the speed for an automatic reckless in VA? is it 15 or 20 over? I swear it's 20 but some people tell me 15.

I only ask for future reference, i wasn't caught doing 243 in a 65 with a .o3 BAC or anything


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  (#2)
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August 10, 2009, 01:15 PM

Reckless can be given at any speed if you are operating in an unsafe manner. Automatic reckless begins at 20 +
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August 10, 2009, 01:16 PM

Quote:
Originally Posted by tecknojoe View Post
2 things that I always hear different answers for:

1. can you get some type of ticket / other shit for having between .00 and .08 BAC? I'm pretty sure there's something, but don't know what it's called.
A) DWI = driving while intoxicated
B) DUID = driving under the influence of drugs
C) OWI = operating while intoxicated
D) DUI = driving under the influence
now with the 0 tolerance laws, anything above a BAC of 0.0% you'll get banged with the one of the above, none of which are any more "easier" than the other


2. WTF is the speed for an automatic reckless in VA? is it 15 or 20 over? I swear it's 20 but some people tell me 15.
A) http://leg1.state.va.us/000/lst/LS236535.HTM or open a general DMV pamphlet
I only ask for future reference, i wasn't caught doing 243 in a 65 with a .o3 BAC or anything
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August 10, 2009, 01:50 PM

Automatic reckless by speed varies. Its anything over 80, or 20 over, or, oddly enough its 25 over in a 30 zone, weird hunh?

You do not have to blow over a .08 to get a DUI, if you fail the sobriety test they can still nail you.


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August 10, 2009, 01:55 PM

Clearly the best legal advice ever given can be seen in the following clip and then you will have no need for such info. Hope this helps.

http://www.youtube.com/watch?v=O0mSGCTkH2w


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August 10, 2009, 02:01 PM

As mentioned, you can get reckless at any speed. My (ex) wife got charged with one for driving too slow!!!! (True story)

You can get charged with driving while impared at any (or no BAC) level if the officer feels you are imparied.

Always remember, there is a difference between being charged and being convicted. Out here in Mudville getting a charge dropped or reduced is often just a matter of catching up with the prosecuting Attorney before your court date... If there is any gray area. If it's cut and dry plan on bringing your checkbook. LOL
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August 10, 2009, 02:04 PM

Quote:
Originally Posted by windblown View Post
As mentioned, you can get reckless at any speed. My (ex) wife got charged with one for driving too slow!!!! (True story)

You can get charged with driving while impared at any (or no BAC) level if the officer feels you are imparied.

Always remember, there is a difference between being charged and being convicted. Out here in Mudville getting a charge dropped or reduced is often just a matter of catching up with the prosecuting Attorney before your court date... If there is any gray area. If it's cut and dry plan on bringing your checkbook. LOL
I wanted to confirm the automatic part. getting it for going too slow, now that's just funny.


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August 10, 2009, 02:22 PM

Quote:
Originally Posted by tecknojoe View Post
I wanted to confirm the automatic part. getting it for going too slow, now that's just funny.
No such thing as automatic. The officer always has the option not to ticket you.
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August 10, 2009, 02:23 PM

Derek you forgot DWB


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August 10, 2009, 02:25 PM

hahah tru det

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August 10, 2009, 02:31 PM

Also depending on how you are actually driving at those speeds, and the results that have followed, set whether or not the officer will charge you with reckless.
Most officers IME, have the following thought process on questionable BAC's.
They assume if you are drunk enough for a Drunk & Disorderly or Public intox, then you are drunk enough for a DWI,DUI, and host of other vehicle related drunk charges.
Again officers' disgression.


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August 10, 2009, 03:24 PM

Virginia:

.08 and above, you are presumed to be intoxicated. Between .02-.07 there is no presumption of being intoxicated, and the burden is on the officer to articulate the reasons the driver is intoxicated. I've gotten a DWI warrant at .05, but wasn't able to get one at .07.

A reckless ticket can be given at any speed, if your actions are threatening the life, limb or property of yourself or another. A reckless ticket can be given at 20+ mph over the speed limit, or 80+ mph. Law about the 35 mph zone was changed a couple years back, so it's also 20+ mph. The officer does not have to write a reckless ticket, they can charge you with speeding instead.


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  (#13)
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August 10, 2009, 03:32 PM

Quote:
Originally Posted by J.R. View Post
Virginia:

.08 and above, you are presumed to be intoxicated. Between .02-.07 there is no presumption of being intoxicated, and the burden is on the officer to articulate the reasons the driver is intoxicated. I've gotten a DWI warrant at .05, but wasn't able to get one at .07.

A reckless ticket can be given at any speed, if your actions are threatening the life, limb or property of yourself or another. A reckless ticket can be given at 20+ mph over the speed limit, or 80+ mph. Law about the 35 mph zone was changed a couple years back, so it's also 20+ mph. The officer does not have to write a reckless ticket, they can charge you with speeding instead.
thank you


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August 10, 2009, 03:37 PM

Don't be a dbag or act sarcastic. basically anything that a frat boy does or says at McFaddens, don't. Also, learn to say the ABC's backwards and touch your nose with your eyes closed
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August 10, 2009, 03:55 PM

Keep a bottle of scope in your car too.


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