The Law Offices of Joseph T Brown PLC

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Criminal Defense Attorney

Criminal Defense Attorney in Fredericksburg, Virginia

When you have been charged with a crime you need a criminal defense attorney to protect your rights and to help you obtain the best outcome possible. A criminal conviction can lead to prison and fines. A conviction can affect the rest of your life.  Since the stakes are high, you need an attorney who has the ability and experience to provide quality representation. You deserve a trial attorney who knows how to fight for you in the courtroom. You also need someone who knows how to negotiate for you. Finally, you need a criminal defense lawyer who sees you as more than just a client. Someone who will advise and assist you through the process, and who will take care of your needs and address your concerns.

We Are Here to Help You

Since 2001 the Law Offices of Joseph T. Brown PLC has been providing the high quality legal representation that you need. We will do every thing possible to obtain the best outcome for you, and to minimize the impact of your criminal charge. If your case requires a battle in the courtroom, we have the skills and experience to fight for you. If you are better served by reaching an agreement, we will provide highly effective negotiation for you. We have helped thousands of people, and we are ready to help you. There is hope, even when the situation seems hopeless. The Law Offices of Joseph T. Brown PLC provides the representation that you deserve when everything is on the line.

Our office is located in Fredericksburg, Virginia. We represent people charged with all felony and misdemeanor offenses.  We usually provide legal services in Stafford, Spotsylvania, Caroline, King George, Prince William, Fairfax, Hanover and Louisa courts.

Call Today for a Free Consultation for Criminal Charges

We provide free consultations for anyone seeking a criminal defense attorney. Call today at 540-786-7700 and discuss your case with Mr. Brown. Since the law is rarely black and white, there might be defenses or options that you haven’t considered. Even if everyone is telling you that you are going to jail, we can give you a second opinion. All criminal consultations are free and completely confidential.

feature photo by Phil Roeder

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Speedometer Calibration for Reckless Driving and Speeding Cases

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Speedometer Calibration

In this article I will discuss the following issues regarding speedometer calibration for reckless driving and speeding cases: Should the Speedometer be Calibrated? Where to get a Speedometer Calibration, and how to read a Speedometer Calibration. The following is provided for informational purposes only, and is not legal advice. If you are charged with reckless driving by speed or speeding in the Fredericksburg, Virginia area, call the Law Offices of Joseph T. Brown PLC at 540-786-7700 for a free consultation.

It happens all the time. A person gets pulled over for speeding, the police officer informs them of the speed that they were going, even though the speedometer showed something different.

Car manufactures usually calibrate speedometers to show a speed that is a little higher than the actual speed, to give drivers some margin for error. Federal law allows factory speedometers to read 10% higher or lower than the actual speed (49 CFR 393.82).

https://www.law.cornell.edu/cfr/text/49/393.82

Speedometers can show the wrong speed

There are several factors that can cause a speedometer to show a speed that is incorrect. One major factor is the age of the car, as many times older vehicles with a lot of miles and wear on them will have speedometers that are not as exact as they used to be.

After-market tires and rims can also cause the speedometer to show an incorrect speed. If the wheel diameter is larger than the stock wheels, then the speedometer is going to show a speed that is lower than the actual speed. The difference in speedometer reading for non-stock tires can be calculated here:

http://www.instrumentclusters.com/#!speedometer-calculator/g5w1j

Other factors include tire wear, tire temperature and pressure, and load on the vehicle.

Speedometer Types

There are two basic types of speedometer mechanism, mechanical and electric. Both types are affected by the factors that are described above, especially tire diameter.

Cars older than 30 years or so used a mechanical method of determining speed of the car. A cable was attached to a gear mounted on the transmission, and the cable rotated inside the speedometer housing that created a magnetic field that would pull the speedometer dial to show the speed of the car.

Electrical speedometers, used on most cars on the road today, are controlled by the car’s ECU and measures pulses generated within the transmission by magnets located on the transmission’s output shaft. The car’s computer reads the magnetic field pulses to measure the rotational speed of the driveshaft and determines the speed of the vehicle.

Testing the Speedometer

Before paying for a speedometer calibration, a speedometer can be tested to see if it is not showing the correct speed. This method is not exact, but it can help determine if the car should be put on a dynamometer to be tested.

A measured mile is required. There are mile markers on the interstate highways and on some county roads. This method should only be used if it can be done in a safe manner.

At the beginning of the measured mile, take note of the odometer reading or reset the trip odometer to 0.0. At the end of the measured mile, take note of the odometer reading or the trip odometer reading.

If the odometer shows more than a mile was traveled, then the speedometer is showing a speed that is faster than the actual speed. If the odometer shows less than a mile was traveled, then the speedometer is showing a speed that is slower than the actual speed.

Speedometer Calibration Dynamometer

The best way to show in court that a speedometer is not showing the correct speed is to have a speedometer calibration certificate. Any automotive shop with a chassis dynamometer can test the speedometer and produce a certificate showing the speed that the speedometer displays at actual tire rotation speeds.

Generally speaking, a dynamometer is a device that measures force, torque, or rotational velocity. A chassis, or rolling road dynamometer is a specific type that is used for automobiles for many purposes, including calibrating a speedometer.

https://en.wikipedia.org/wiki/Dynamometer#Chassis_dynamometer_.28rolling_road.29

The chassis dynamometer will rotate and specific speeds, and the speedometer reading is noted at each tested speed, and recorded on the certificate.

How to Read a Speedometer Calibration Certificate

Most courts will allow a speedometer calibration certificate to be presented to the judge without a representative from the automotive shop present to verify that the certificate is authentic. However, before a certificate is presented to the judge, it should be examined closely to determine if it is actually helpful, and not harmful.

The speedometer calibration certificate will show several tested speeds, from 10 mph up to 70 or 80 mph. For each tested speed, the speedometer reading will be displayed.

If the speedometer reading is exactly the same as the tested speed, then the speedometer is working perfectly and the certificate is not helpful to defend a speeding ticket. If the speedometer shows a speed higher than the tested speed, then the certificate is actually harmful to a speeding case, since the driver had reason to believe the vehicle was traveling faster than the actual speed.

A useful speedometer calibration certificate will show a speedometer reading that is slower than the actual tested speed. In most cases the judge will give credit for the error in the speedometer reading, and lower the speed charged by the police by the same amount.

Where to get a speedometer calibration

There are several automotive shops in the Fredericksburg area that have a chassis dynamometer and can test the speedometer and produce a speedometer calibration certificate.

Southern Electronics
http://www.instrumentclusters.com/#!faq/aabrx

Brauning Automotive
http://brauningautomotive.com/performance.html

Burton’s Automotive
http://burtonauto.tripod.com/

Speedometer Testing and Calibration Center, Richmond, VA
http://www.speedotest.com/

Falls Run Car Care Center
540-899-6800
1314 Princess Anne Street
Fredericksburg, VA 22401

M&L Auto Inc.
http://www.mlautoinc.com/contact

Speedometercalibration.net, Sterling, VA
http://www.speedometercalibration.net

The Next Step

If you are charged with reckless driving by speed or speeding in the Fredericksburg, Virginia area, call the Law Offices of Joseph T. Brown PLC at 540-786-7700 for a free consultation. We will discuss your particular case and I will help you identify ways to defend your case and tell you what you can do before trial to give you the best chance to have the ticket dismissed or lowered to help avoid potential jail sentence, loss of license, and help you save money in fines, fees and increased insurance costs.

Photo by Sarah Sphar

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I Have A Reckless Driving Charge – What Now?

Reckless Driving in Virginia

Reckless Driving Charge in Virginia

If you have a Reckless Driving Charge, you should contact a lawyer to discuss your particular case and to learn how your case can be best handled in the courtroom at your trial.  You can call our office at 540-786-7700, my personal cell phone at 540-760-8725 or send us an email to schedule a free consultation for your reckless driving ticket.

Every case is different, and no website can tell you everything that you need to know. This website certainly isn’t intended to tell you how to handle your own case, and isn’t meant as legal advice.

There are several things that are often helpful if you are charged with Reckless Driving. These include the following:

  1. When you are being pulled over, it is always a good idea to be polite and cooperative with the police officer. They is just doing their job, and a big part of that job is to help keep the roads safe. The police don’t have anything against you personally, and it doesn’t cost you anything to smile and to be nice to them. They have no idea what they are going to find when they walk up to a car, and their job can be very risky. Do your best to put them at ease and to make the the stop as pleasant as possible. When you get in the courtroom, if you were polite and cooperative it can help you a great deal. Note that you do not have to ever agree to be searched, or to have your vehicle searched, and you never have to make any statements that could incriminate you. However when you decline an officer’s request for a search or to make statements you can still be polite and treat them with respect.
  2. Keep your hands on the wheel until they are at the window, don’t go digging into your glove box for your registration as soon as you get pulled over. Nothing makes a police officer more nervous than to see a driver reaching around in their car as they walk up. Remember they have no idea what to expect from you, so just relax and don’t make any sudden moves. If it is dark, then it is also a good idea to turn your interior lights on so that they can see that you are not a threat.
  3. If you have an older vehicle, you might want to consider having your speedometer calibrated. This calibration can be performed at any garage with a dynamometer, and is not very expensive. If your speedometer gives a reading that is less than your actual speed, the judge may give you credit for that and lower the speed of your ticket, which could change the offense from Reckless Driving to a simple speeding ticket.
  4. It is often a good idea to take your state’s defensive class, and to bring the certificate of completion with you to court. In Virginia the state recognizes the Defensive Driving Course and the Aggressive or Reckless Driving Course. These courses can help convince the judge that you are taking steps to be a better driver, and can reduce the negative points on your DMV record as well.
  5. You can also get your driving record from DMV for a small fee and bring that with you. The judge is going to want to know if you have been convicted of reckless driving or speeding in the recent past. The police often have your driving record with them in court, but it is always a good idea to have your record and to know what is on it before you appear before the judge. If you live in another state, the police most likely will not have your driving record, and so you should bring a copy with you, especially if you have a good record.
  6. Get a lawyer! Reckless Driving is a serious offense and a lawyer can recognize issues and defenses that may never occur to you. Also, a lawyer is more likely to be able to speak with the police officer about your case and to get information that is important for your trial. A lawyer is always going to handle your case better than you can on your own.

Reckless Driving can have sever and negative impacts on your ability to drive and the cost of your insurance. For extreme cases it can result in heavy fines, license suspension and jail time. If you are charged with Reckless Driving, contact our office today for your free consultation.

Photo by: Eli Christman

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Reckless Driving in Virginia

 

Reckless Driving in Virginia is a serious traffic charge that can result in a jail sentence, fine and loss of driving privilege. Since it is a class 1 Misdemeanor, it carries up to 12 months in jail and up to a $2,500.00 fine.

You can be charged with Reckless Driving in Virginia for driving at a speed that is 20 miles per hour or more above the speed limit or 80 miles per hour in a 65 or 70 mile per hour zone.

Reckless driving can also be charged for driving in reckless disregard for the safety of oneself or others, which can include a lot of different situations, even on private property. These situations include driving too fast for road conditions, following too closely, rapid lane changes that endanger other drivers, having faulty brakes, and for causing an accident.

To prove Reckless Driving for exceeding the speed limit, police must be able to determine the measure the speed of the vehicle. They can do this by pacing, or following the speeding car for a quarter mile or more. They can also use radar, which are widely used and can be used while the police cruiser is sitting still on the side of the road or while it is traveling on the road. A more recent technology is LIDAR, which uses a laser to determine speed and distance, and is very accurate. No matter what method police use to determine the speed of a vehicle, the equipment must have been calibrated within the past six months of the date of the ticket, otherwise the results are inadmissible in court.

In Virginia a reckless driving charge requires a court appearance. It is not a ticket that can be prepaid. In many situations an attorney can appear in the place of a person charged with reckless driving, which can be very helpful for people who get a speeding ticket while traveling through Virginia but live in another state.

There are a number of possible defenses. If you are charged with Reckless Driving in Virginia there are several things that you can do. For example, you should consider taking a driver improvement course, get a copy of your driving record, replace any defective equipment and get a speedometer calibration. Even if no defense is available, it may still be possible to have the charge dismissed or lowered to a lesser offense that carries less points on your driving record and a lower fine. Anyone charged with reckless driving should speak with an attorney.

We offer free consultations for all traffic and criminal law issues, so call today to schedule an appointment. If you are able to speak with an attorney over the phone then usually you can get an appointment the same day.

Call Us 540-786-7700

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Our Disclaimer

There are many pages in this website that are devoted to giving information about various topics in the law. This information is not meant to constitute legal advice and should not be considered legal advice for any reason. Anyone faced with a legal problem addressed in the pages of this site should contact the Law Offices of Joseph T. Brown PLC for a consultation.