I need some input/suggestions about a speeding ticket. Actually it's for a friend of mine and he is a Canadian citizen. He was in Virginia (U.S.A) last week and got a ticket for reckless driving. He was going at 92 mph in a 65 mph zone. Traffic offense is 92-1-46.2-862. He has to appear in a Virginia court in a month's time but has no plans to do so. Say's he will not be able to get time off work. What would happen if he calls in and just ask's to pay a fine? There is no amount specified on his ticket but the officer who gave him the ticket said the maximum could be $2500? Any idea what the actual fine may be? Is it wise not to appear in court and would there be any consequences if he ignores the ticket since he lives in Canada? Can he be held accountable by the Ontario police? Any help would be greatly appreciated.
Speeding ticket - HELP !!!
- Thread starter The_Ladies_Man
- Start date
He's going to have to call either the police or the court and try to arrange a court date he can make. Or perhaps he'll have to hire a lawyer to appear for him....
Find out if that state has a reciprocity treaty with Canada. If it does, he should fight it if for no other reason than insurance. If the state doesn't, then just don't drive in Virginia ever again (and I mean ever b/c I believe they could put a warrant out for him...).
If there is a reciprocity treaty, then he'll be on the hook for the fines and I believe the Ministry of Transportation here will be notified and suspend license renewal (but don't quote me on that).
There's no way they'll accept a phone call in place of appearing. What he'd need to do is hire a Virginia lawyer who will appear on his behalf. Better yet, send the spouse. They'll be even less lenient if you don't bother to show up.
This is a serious charge and he should be taking it seriously. He shouldn't be asking a friend for advice; he should be calling a lawyer...
If there is a reciprocity treaty, then he'll be on the hook for the fines and I believe the Ministry of Transportation here will be notified and suspend license renewal (but don't quote me on that).
There's no way they'll accept a phone call in place of appearing. What he'd need to do is hire a Virginia lawyer who will appear on his behalf. Better yet, send the spouse. They'll be even less lenient if you don't bother to show up.
This is a serious charge and he should be taking it seriously. He shouldn't be asking a friend for advice; he should be calling a lawyer...
Keebler Elf said:
This is what I would do as well.
However, if it makes you sleep any better my buddy and I got stopped for speeding in Ohio (1988) on our way to Florida (he was driving). 101mph in a 55 they arrested us, took us to the backward buttfuck nowhere station, and we paid a fine. He was supposed to appear 3 months later but never did. Nothing ever came of it.
I don't think it really matters though, he was recently charged for drug trafficing. He's got bigger things to worry about now. lol
The cooperation between the US & Canada today is different than in 1988 for various reasons including technology. Contact a lawyer or ticket defense parallegal for some advice both in Canada and the US. Compare notes and proceed from there. Ignoring it would be foolish.
Keebler Elf said:
Suspension of his Ontario driver's licence. Highway Traffic Regs 37/93 provides for reciprocal enforcement by the States of New York and Michigan upon conviction for designated criminal offences (impaired, over 80, refuse, motor manslaughter, crim neg and dangerous driving).
Another reg 607 provides for reciprocal enforcement of civil judgments in Ontario and 41 states in the U.S. by licence suspension in the reciprocating jurisdiction.
There does not appear to be any legislation or treaty providing for reciprocal enforcement of suspensions imposed upon convictions for individual Highway Traffic Act offences or for accumulated dermerit points, however the registrar may take notice of a a similar traffic offence and you will get demerit points. see Reg 339/94.
4. (1) If a resident of Ontario is convicted or forfeits bail in another province or territory of Canada or in one of the states of the United States of America for an offence that, in the opinion of the Registrar, is in substance and effect equivalent to an offence for which demerit points would be recorded upon conviction in Ontario, the Registrar may record the demerit points for the conviction as if the conviction had been entered or the bail forfeited in Ontario for the equivalent offence.
take a look at e-laws, ont govt statues Highway Traffic Act and the Regulations.
The Big question is the Virgina charge is it a highway traffic charge or a Virgina Criminal Code charge. if it is criminal it is more serious and consult an US lawyer. if it is a highway traffic act then it would appear you have nothing to worry about.
as for insurance how would your company ever find out any US convictions ? US subsidiary ? phone around and ask for quotes for insuance and ask for their policy on US convictions ?
off the top of my head can't say whether you insurance compay would know about a US highway traffic act conviction.
off the top of my head can't say whether you insurance compay would know about a US highway traffic act conviction.
if it is criminal and they put out a warrant for your arrest. it is going to be a radius warrant only for virgina, if you get stopped in another state they will call virgina to see if they want you. virgina has to extradite you from the other state. if it is highway traffic then you will get convicted in absentia no warrant. if it is criminal charge it is a poochy charge as far as extradicting you from the other 50 states.
each US state has it's own criminal statues unlike Canada which has a country wide criminal statute.
you have to find out what the penalty is for the offence. if it is a fine then it is likely to be highway traffic but in ontario you can get jail time for some HTA offences but not many. For criminal charges there is a penalty resulting in a jall sentence.
each US state has it's own criminal statues unlike Canada which has a country wide criminal statute.
you have to find out what the penalty is for the offence. if it is a fine then it is likely to be highway traffic but in ontario you can get jail time for some HTA offences but not many. For criminal charges there is a penalty resulting in a jall sentence.
Go to California, apply for a Cali drivers license with a passport as ID, take the road test the same day, have a second valid license to use in "sticky' situations.
it is likely an arreast warrent will be issued.
Were he ever to travel into the US for any reason. The warrent will be exicuted.
His driving 0ver 90 in a 65 would not automaticly get him a reckless driving charge. It is likely you friend was weaving from lane to lane, inorder to hold speed. That in and of itself is reckless.
Were he ever to travel into the US for any reason. The warrent will be exicuted.
His driving 0ver 90 in a 65 would not automaticly get him a reckless driving charge. It is likely you friend was weaving from lane to lane, inorder to hold speed. That in and of itself is reckless.
anon1 said:
any other states/ countries that are this easy to access/ obtain a new drivers licence...
I was in a similar situation to this in New York about 10 years ago. I was popped for speeding, and the cop claimed that I was doing 62 mph in a posted 40 zone, and that he paced me for a distance of 15 city blocks. It was complete bullshit, so I went to court to fight it. The DA that I met with before court plea bargained me down to a parking ticket and a muffler violation, but warned me that the judge would set the fine once I plead guilty. I plead guilty when it was my turn, and the judge set the fine at $250 US, inclusive of court costs. I felt like I was on "Let's Make a Deal". All they wanted was my money.
When I was signing off on the paperwork, the court clerk told me I could just send a money order when I got home. I asked what would happen if I failed to pay, and she said that a bench warrant would be issued for my arrest, so the next time I tried to cross the border I would be arrested if my ID or licence plate was entered in to the system. If you fail to show for your court date in Virginia, you can bet they'll find you guilty in absentia, and you'll have that same bench warrant issued for you. Hire a lawyer to represent you and avoid trouble down the road. You'll almost certainly be able to plead down to non-moving violations, which will never affect your licence or insurance rating.
When I was signing off on the paperwork, the court clerk told me I could just send a money order when I got home. I asked what would happen if I failed to pay, and she said that a bench warrant would be issued for my arrest, so the next time I tried to cross the border I would be arrested if my ID or licence plate was entered in to the system. If you fail to show for your court date in Virginia, you can bet they'll find you guilty in absentia, and you'll have that same bench warrant issued for you. Hire a lawyer to represent you and avoid trouble down the road. You'll almost certainly be able to plead down to non-moving violations, which will never affect your licence or insurance rating.
Guys, did some research and came across a very helpful site:
http://208.210.219.132/vadistrict/select.jsp
It contains "Virginia Courts Case Information". You can input a person's name or case # and it gives a summary of the offense along with the fine. Had a look at some speeding offenses, and then compared the seriousness to what my friend has. Charges for not showing up are around the $250 US to $350 US mark plus the court charge which is around $80. I will ask my friend to speak to his lawyer friend and see what the advice is.
http://208.210.219.132/vadistrict/select.jsp
It contains "Virginia Courts Case Information". You can input a person's name or case # and it gives a summary of the offense along with the fine. Had a look at some speeding offenses, and then compared the seriousness to what my friend has. Charges for not showing up are around the $250 US to $350 US mark plus the court charge which is around $80. I will ask my friend to speak to his lawyer friend and see what the advice is.
