Thursday, July 29, 2010

Legal advice for Reckless Driving by Speed charge in Virginia?

Last night around 4am on my way to NYC from FL, I was pulled over in Virginia going 83 in a 65 passing a semi on the highway. Unlucky for me, I immediately got slapped with a summons... apparently Virginia hands out reckless driving charges like hot cakes, even though it is a class 1 misdemeanor up there with DUI. I have never been pulled over in my life (am from Maine) and am a very cautious driver, just ended up in the wrong place at the wrong time. My life is now consumed with the stress of how to deal with this nightmare. I am a broke college student, don't think I can afford a lawyer but would it be worth it? Being that I plan on studying abroad and eventually going to grad school, don't really want a criminal charge on my permanent record. But getting to VA for a 20 minute hearing from Maine? Aye....what to do!Legal advice for Reckless Driving by Speed charge in Virginia?
Simply not showing up for the court date is not the answer. What will happen then is Virginia will suspend your driving privileges in their state, and if they have entered into an Agreement of Reciprocity with Maine, they'll shoot off a letter to Maine who will then suspend your Maine license. (I don't think they have that agreement, but I could be wrong.) And since Reckless Driving in Virginia is a ';must appear'; offense -meaning that you cannot just pay the fine by mail but must appear in court - I'd say you have a trip down South ahead of you.





My advice, take it or leave it: Show up for court, WEAR A DRESS, BE ON TIME, and plead guilty to the offense. If you have a clean driving record and can get a copy of your transcript from Maine, do so and bring it with you to court. Show it to the judge, who may then reduce the offense from Reckless Driving to a simple speeding offense. After all, what do you have to lose?





If you feel you need a lawyer and can afford one, by all means get one. But if it were me, I'd do what I just explained. I've seen charges like yours get reduced many, many times by people showing up as I just described and with a clean driving record. I've also seen people show up for court in ratty blue jeans and a t-shirt and get the book thrown at them just because the judge didn't like their appearance. (Hey, it's their courtroom and they can do whatever they like as long as it's legal!)





On the other hand, if your record looks like - well, you know what - then you might want to consider that lawyer.





ADDITIONAL COMMENTS: Having a lawyer will NOT preclude you from having to appear in court. YOU got the ticket, so YOU must be in court. If your lawyer shows up and you don't, the judge will tell him to produce you; if he cannot, a warrant for your arrest will be issued.





Face it, you're taking a trip to Virginia and there's no way out of it.Legal advice for Reckless Driving by Speed charge in Virginia?
As you have noted, in Virginia it's a misdemeanor charge, and it results in 6 points!. Also, apparently it is up to the officer's discretion to impound your car on the spot.





In my opinion (I am in no way a legal expert), it might be in your best interests to get an attorney. If you can't afford one, you may be able to use a Public Defender. Contact them here:


http://www.publicdefender.state.va.us/





Here's one site with info; granted, it's self-serving, since they want you to hire them:


http://www.vatrafficlaw.com/reckless.htm鈥?/a>
Reckless in VA requires that you show in court. It is criminal charge and will effect grad school and study abroad. It can pose a problem with background checks, visas and clearances.





If you are no show eventually your Maine license will be suspended.. No way around it. If you skip it you could be arrested even if you show a valid Maine license.





Time to talk to relatives and get money for a lawyer.
drive the speed limit. problem solved. And you are not cautious if you are speeding. you are breaking the law. going that fast is reckless driving. total disregard for everyone else on the road, and for the law.
It's off to Never Never Land for you, VA is not a state you want to break the law in. Ask your lawyer.
Just pay the fine
A reckless driving ticket in Virginia for driving 83 mph in a 65 mph zone will most likely not result in you getting jail time or getting your license suspended provided you have an excellent driving record and you were polite to the officer.





Getting an attorney is worth it if you don't want to come back to Virginia to deal with your reckless driving ticket. An experienced reckless driving attorney can represent you without you having to come back and if the attorney knows what they are doing, they will not charge you extra to waive your appearance.





Also, based on these facts, an experienced Virginia reckless driving lawyer can have the reckless driving charged amended to a lesser charge provided you give the attorney your driving record.





Make sure that you hire a Virginia reckless driving defense attorney that you are most comfortable with.

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