Q: My speeding ticket for 52 in 35 citing VA code 46.2-875, but court site RD-GENERALLY-MISD 46.2-852. Is this correct?
This a class 1 misdemeanor according to court record but I thought it had to be over 20mph to be a misdemeanor reckless driving charge. Below 20 mph would be reckless driving but not a misdemeanor (i thought).
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A:
If the only thing that you received was a ticket from the officer for driving 52 mph in a 35 mph zone and you are correct, it is a speeding ticket and not reckless driving.
The ticket that you received should govern. I am assuming the officer didn't go down and get a warrant for reckless driving based on other facts like weaving in and out of traffic or other endangerment that could be considered reckless driving.
46.2-852 is the general reckless driving law. But if the officer only told you that you were pulled over for 52 mph in a 35 mph zone and only issued you a ticket for that and didn't mention anything that could be considered reckless driving then it seems like the court has made a mistake.
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