Made a bad decision, now i'm paying for it big time.

[cherenkovblu3]

The other day on my way to work, I apparently pissed off a Sebring, and the guy started riding my ass really close, wouldnt go around me, continued to be a general douche bag. I eventually got pissed, and in an attempt to just put some space in between us, dropped down a gear and pinned it. Well, just my luck, a state boy was sitting in the median as I was on my way back down from 3 digit speeds. He threw his lights on, I pulled over. He wrote me a reckless driving ticket for 103mph in a 70.  I get to work, and contact a lawyer. He tells me some unexpected news: In VA, particularly in the county I got pulled over in, the rule of thumb is 1 day in jail for every mph over 90, and that I need to sell my bike ASAP so he can go to the prosecutor prior to the court date and say "my clients sold the bike, hes remorseful, it wont be a problem any more, etc etc", then he tells me what I already figured, license suspension, fines, all that stuff. So I was completely taken by surprise, 13 days in jail is no joke to me. I dont do drugs, drink, steal, etc, i never in a million years thought i'd ever be worried about going to jail. From everything im reading, I might as well have gotten a DUI.  I wanted to ask you guys (especially if you live / lived in VA) a couple things
 
1. What should I sell my bike for? its 5mo old, has 5500 miles, m4 exhaust, yoshi fender eliminator
 
2. (For you virginians) How screwed am i?  
 
 
 

[Cruizin]

1. Find out who the prosecuting attorney is. The one who would be working your case.
 
2.After you lawyer tells you this, fire him and pay him.
 
3.Get online and research every single detail about this prosecuting attorney.
 
4.Find clubs, organizations hobbys of this guy and find the attorney in your town that is guys is friends with. I guaranty he has at least one or two good close friends that also practice law on the other side of the courtroom.
 
5. Then go hire THAT guy. He will get the case dismissed over lunch.
 
6.I come from a family of attorneys and one judge. This is how law is practiced in non felony cases.
 
7.If you sell your fz-07. go get a dirtbike. they are more fun anyways, you can ride as fast as you want of road, jump over shet, ride wheelies and drop the bike all you want, it's just plastic and cheap to replace.

[Lucius]

Wow man. That is some tough news. I like the response from Cruzin. I have hit triple digits many times over the years. So far I've just been lucky enough not to get caught doing it. I don't live in VA but I couldn't imagine having jail time for a speeding infraction that did not result in accident or injury. I wish you the best of luck and I sincerely hope you do not have to see any jail time or sell your motorcycle.

[pattonme]

Not sure where you are in VA but there are a couple guys up in NoVA that specialize in getting this sort of thing worked down to something reasonable. If it would help I'll "buy" your bike for some nominal amount, do the paperwork to show a sale (ie. sign a bill of sale) but you hold onto the keys/bike till it blows over.
 
 

[Cruizin]

Another example of out of control laws, but 103 mph in town is kind of excessive.

[cybmx]

Get a different lawyer! A friend of mine recently got a ticket in VA, 92 in 55 zone, now jail time, fines only. We live in PA by the way, don't know if that makes a difference

[Beemer]

I think your lawyer sucks. Tell him you feared for your life and that's why you were speeding, to get away from a road rage fuq. See what he says, see if he's just trying to settle and not fight for you. One of my younger brother's was on a bike and passing a semi too fast according to a cop and got ticketed so he fought it and won. He told the judge the cop was sitting off to the side where he couldn't see that the truck had bad retreads that were flopping rubber and ready to fly off. Fearing the rubber could hit him, he hauled ass to get out of the danger zone, (which was anywhere beside the truck.) He also said his right to life superceded any traffic law and the judge agreed with him and let him walk but told him before he left the court room not to ever use that defense with him again. So, were you just angry or in fear for your life or did anger turn to fear? That may make a big difference in a judges eyes. Good luck, I hope it turns out well for you. I would try what Cruizin said, it makes perfect sense but definitely tell your lawyer you were in fear for your life. That changes the whole picture.

[thestache]

Not in VA. but agree with @beemer and @Cruizin let the judge know why you did what you did, and as soon as you were safe you slowed back down. Agree that 103 is excessive, and talk about your past driving record, if you have no priors for excessive speed, I could see them letting you off with fines. But selling the bike, sorry, but I bet the Lawyer asks to buy it :)
 
 

[cherenkovblu3]

Thanks for all the advice guys. The reason I picked the attorney that I did is because hes local and I saw his name on some speeding cased that DID get reduced. He did say "at that speed, we'll either get the case thrown out or we'll hve to negotiate sentencing, we may not be able to get a reduction" So I guess we'll see what happens. I really dont want to sell my bike, its going to break my heart. But I like not going to jail better, I can always buy another one once all this blows over.

[RobMoore]

That's why I won't live in VA. I cannot CANNOT go about my life staying under 80mph all the time.
 

[mjh937]

Jail time for speeding seems ridiculous. Remind me never to speed in VA. It is nuts that you need a lawyer for a showing ticket, but I would certainly get an opinion from a different lawyer.

[pattonme]

anything over 80mph or +20 in VA is automatic reckless and jail time. There's a surprising number of 79mph citations for that reason.

[cherenkovblu3]

I didnt realize VA traffic law as so intense, check out what happened to this writer for jalopnik for doing 93 in a 55 while he was test driving a Camero for a review
http://jalopnik.com/never-speed-in-virginia-lessons-from-my-three-days-in-1613604053
 
I got a couple different opinions from different Lawyers, they're all telling me pretty much the same thing. I signed up for drivers improvement, and the instructor also began to tell me how crappy a situation it is. My plan right now is to sell the bike, do everything I can to not let this effect my job, take the money from the bike and buy something like a WR450, and then next summer, buy another FZ-07 (maybe something else) after my tax return comes in. Theres only a couple months left to riding "season" here anyway and im pretty sure my license is going to be suspended for most of it

[cherenkovblu3]

also, on another note, how should I and what price would you sell my bike for?

[pattonme]

the annual depreciation of a motorcycle is in the vicinity of $300 or about 7%. But the first couple years it's more like 500. If you get 20 cents on the dollar for upgrades consider yourself lucky.
 

[rotaryryan24]

Ask your lawyer if you can plead guilty to 89 mph, I'm in the middle of a 96mph ticket in which I'm not guilty of (long story). My lawyer is going to the citing officer and getting him to agree to a lesser speed. I have a friend whom is a CHP officer he said this works almost 100% of the time.

[virginiadave]

Man, sorry to hear it. VA is no joke with their reckless driving tickets. My 18 year old nephew got pulled over in a car going 98 in a 55, and they wanted to throw the book at him. The first offer from the prosecutor was 22 days in jail. This was an 18 year old high school senior! His attorney eventually got it reduced to 6 days in jail(served on 2 weekends), 200 hours community service, and license suspended for 3 months. I have lots of friends that I ride with that have had to do jail time for speeding, it's ridiculous. I don't have advice as far as an attorney to hire, but make sure you get a good one. Oh, and I hope you didn't get popped in Orange, VA, the judge in that county is real hard ass. Good luck!

[Beemer]

Thank god it's not California handing out automatic jail sentences for speeding. Just about every other state would follow it's lead and half the country would be sitting in jail talking about how they liked a little speed or weed once in awhile. Seriously! I'm not joking. Maybe if you could get some dirt on the prosecuting attorney that would help. (fight fire with fire)  P-)

[Beemer]

also, on another note, how should I and what price would you sell my bike for?

Like any cycle or car dealer ... as much as you can. You start high, the buyer comes in low and you meet somewhere in the middle. That's just good old fashioned horse trading and both parties usually walk away happy. I would state on craigs list (for my bike) : $ 7000 or first reasonable offer. That let's them know appx. where you are on price but are willing to come off of it some. Good luck! It sounds like you could use a vacation more than a bike right now.

[Papa L]

As a local to the area, live in MD and worked in VA for years, this is why I stay the hell away from VA. Good luck, sounds like you're going to need it.

[pattonme]

There's nothing wrong with VA - I stay the hell out of MD. ;-) There is never a good reason to exceed limit+10. If you need fast, Summit Point Raceway beckons. As does the 75 drag strip.

[cherenkovblu3]

Thanks for all the advice guys, I really do appreciate it. I guess i'll just have to follow my lawyers direction to the T and pray for the best. I think speed shouldnt be an automatic reckless, I think the reckless (because its a class 1 misdemeanor, the highest grade misdemeanor you can get) should be tacked on at the officers discretion. For example, If I was going 103mph through a construction zone full of pedestrians / workers in a Suburban, The cop would be able to go "welp, you were putting lives in danger, you're an asshole, heres your reckless driving charge" If I was going 103mph on a completely empty straight stretch of highway, the cop could go "heres your really expensive ticket for going 30+ over the speed limit, you were just going fast in a straight line and no one else was in danger, It wasnt that reckless, so im not going to charge you with that". What would be cool about that, is it would be a lot easier to fight in court. The prosecutor would have to prove beyond the shadow of a doubt that your actions were reckless. The way it stands currently, they just have to prove the cops radar gun was calibrated, and thats a lot harder to defend against. I wonder what it would take to actually have the law revised.

[jake]

First off good luck,
Few years back I got a reckless in MI for speeding in my Camaro 130mph. It ended up being about 5 grand and 3 months suspended then your are High risk for insurance. I do hit some high speeds here and there now but assume the risk. Mostly I keep it less than 10 over and if in a hurry never more than 19 over.
 
Fight it and hope for the best, you have a few things on your side mainly no record.

[hobbs]

Tom McGrath is a MC specific law firm in Va.
They might have some good legal advice for you.
 
Best of luck. Could have been most of us at one point if we weren't lucky.

[Beemer]

This is how they look at speeding and it's similar to how they treat drunk driving and many other things. You don't have to cause an accident to get a DUI, you just need to be "over the limit". They automatically assume you could've or would've caused an accident if under the influence. It's all about assumption. Even if you're on a deserted, straight road in perfect conditions they can assume a lot of things could happen unexpectedly so if you're not going their "safe" speed limit, it's already predetermined you can't stop or swerve fast enough to avoid a collision, therefore, you're wreckless in their eyes. It's a surefire way to get peoples money and maybe less noticeably, get them into the system but I'm sure it does save lives at times.