Q: Friend on unsupervised probation, received a reckless on 80mph. Jail time or no?
She's on unsupervised probation for a minor drug offense, but was supervised previously. She just got a reckless for going 80 on the state lines of VA and NC, the speed changed quickly. She has her lawyer, but hasn't talked to her yet. In your opinion, will she stay out of jail time? She has done the 8hr driving class and tons of community service before her court date.
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A:
You cannot get reckless driving for driving 80 mph unless it was in a 60 mph zone. We practice regularly along the NC/VA border for interstate 95 and 85 and those are 70 mph zones.
Jail time depends on what court the case is in, and the speed cited if it is reckless by speed. However, you have not provided adequate details as 80 mph is not reckless unless it is in a 60 zone and the area you described would not normally be in that speed zone unless it was on highway 58 which has a 55 mph zone.
In addition, some jurisdictions (in that area) will violate you with a show cause if you are on unsupervised probation. So jail time is possible but it's hard to know without more facts.
A: She needs to consult the lawyer who handled the probation case or, at least, another lawyer familiar with the judges in that circuit and her whole record. Any other opinions are useless, and even a local opinion is, at best, an educated guess.
A: Your friend's lawyer will have important details which you don't to determine whether she will face any back up time.
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