Reckless Driving

[sgtchilli]

Jurisdiction

Virginia

Police Officer approached the car and said "I noticed you went through the intersection with your head down, were you texting?" I said no officer

"Were you emailing?"
No officer

I said, "I was just messing with my phone".

He then told me
"Let me see your phone"
I said no

He then asked two more times, and I denied consent two more times.

The ticket he wrote, in the law code section of the ticket, he wrote
"24.3 (46.2-862)"

The 24.3 is the Manassas Park Va adoption of the Virginia VA law code of the 46.2 and the specific Reckless Driving is 862 for re bless driving for speeding, not "distracted", or "Generally". Can I be charged for speeding and in court the police officer explains what happened and can I be found guilty for distracted if my ticket law code specifically says reckless driving for speeding?

 

[army judge]

You'll have to wait and see what the prosecutor decides to do with your citation.

If the facts are as you state, your defense will be pretty simple.

Your refusal of the officer's request to examine your phone, wise and prudent, and well within your rights.

Your answer to the officer's "emailing query", potentially troubling for you.

You might have said, "I was driving defensively officer, attentive to the road and things around me. If you saw my head move, I was probably 'scanning' the way ahead as we're taught to do when driving safely and defensively!"

 

[ElleMD]

For the record, "messing with your phone" is no different than texting or calling in VA. You failed to use a hands free device which is what the law requires.

 

[sgtchilli]

Thank you for your replies. I think a hands free law is in effect in Maryland, but not Virginia. I was actually about to call my supervisor and alert him of some changes I had to make on a project, and the light turned green, so I was shutting everything down and putting my cell phone on my center console.

 

[ElleMD]

VA bans calling for texting for those under 18 and school bus drivers (Lord help us that it is necessary to codify that). It bans texting for all ages. If you have a phone in your hand, it is a primary offense and guess what? They are going to assume you are texting. Distracted driving is and always has been prohibited.

 

[txls]

You went through an intersection with your head down. For whatever reason, that is dangerous.