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Speed over 100 MPH in Hampton Roads? Expect time in Jail

By David Cardon on April 11, 2017


 

If you are caught by a Virginia police officer going over 100 MPH, unless you have some incredible excuse, like you were taking someone to the hospital who was dying, there is a very high probability that the judge will give you a substantial amount of active jail time for going that fast.  

The first thing you should do is contact an attorney in the area where you received the ticket who concentrates on traffic court law.  That attorney should know how the judges in that jurisdiction punish offenders for speeding that fast and what your best defense will be.

 The violation of reckless driving for speeding over 100 mph is a Class 1 Misdemeanor punishable up to one year in jail and up to a $2,500 fine.  The following are some of the factors that might affect whether or not you receive a jail sentence:

  • Driving record – What is your driving record? Do you have positive points with the DMV?  Have you gone to driving school before court?  If the judge looks at your driving record and finds you have multiple convictions for speeding, reckless driving, or driving under the influence, the judge might think jail time is needed to teach you a lesson.
  • Injured victims – If your reckless driving offense caused an accident, were any people injured? If there were people injured by an accident caused by your recklessness, the judge is more likely to give you a stiff punishment.
  • Attitude when arrested – Whether or not you receive jail time correlates directly with your attitude with the police officer when arrested. If you are uncooperative or argumentative with the officer, the officer is going to tell the judge at your trial.  Judges routinely send those people to jail.
  • Attitude/appearance in court – I can not stress enough how important it is to have a good attitude/appearance in court.  When in court, make sure you are dressed appropriately.  Come to court well groomed and dressed nicely.  Do not wear shorts, jeans, cut-off or tank top shirts, or clothing with rips or tears.  Justice might be blind, but it is a judge who can see that decides whether or not you go to jail.  
  • How fast were you going? -  If you were caught going 77 mph in a 55 mph zone, chances are you will not receive active jail time, unless the circumstances were aggravated. For example, you were uncooperative or you injured someone.  If you were caught going 90 mph in a 55 mph zone, chances are greater you will receive some jail time.  If you were going over 100 mph, depending on the jurisdiction, you can count on spending some time in jail.

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