Reckless driving first offense

[melrorer]

What is the name of your state? Virginia

My 19 year son wrecked and totaled his car. No one else was involved and no property was damaged only to his car. This is his first offense. The officer gave him a summons to appear in court in June. The code that was used on the summons is 46.2-852. Can anyone tell me what will happen for a first time offense. Will he need to go to traffic school, will he loose his license, what approx will the fine be? There were witnesses who called the ambulance, but I 'm not sure what was said to the officer. If I get a copy of the police report will their statements be in there? Another thing, he is in the process of enlisting in the army (he just needs to take the asvab test) will this accident have an impact on the army? If anyone can give me advise I truly would appreciate it.

 

[seniorjudge]

What is the name of your state? Virginia

My 19 year son wrecked and totaled his car. No one else was involved and no property was damaged only to his car. This is his first offense. The officer gave him a summons to appear in court in June. The code that was used on the summons is 46.2-852. Can anyone tell me what will happen for a first time offense. Will he need to go to traffic school, will he loose his license, what approx will the fine be? There were witnesses who called the ambulance, but I 'm not sure what was said to the officer. If I get a copy of the police report will their statements be in there? Another thing, he is in the process of enlisting in the army (he just needs to take the asvab test) will this accident have an impact on the army? If anyone can give me advise I truly would appreciate it.

I can answer some of your questions:


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[Happy Trails]

From Virginia statutes:

§ 46.2-852. Reckless driving; general rule - Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving;

It is a Class One Misdemeanor Criminal Charge, punishable by up to 12 months in jail and/or up to a $2,500 fine, and a possible loss of your Virginia driving privilege for up to six months.

If convicted, it also carries a (-6) demerit points as assessed by the DMV in Virginia.

 

[melrorer]

Thank you for replying and providing the info, but are there any breaks for the first time offense?

 

[ecmst12]

That entirely depends on the judge. Your son might get a break or he might not. Being well mannered and contrite in court will help his case though.

 

[Izzy]

I got my first reckless driving ticket in VA, went to Fairfax court ..by showing up I got a break still had to pay a fine and got points on my license. Might want to go to driving school ahead of time was $75 when i went ..show the judge the thing you get for finishing driver improvement class. Fine for me was $500 but I was doing 102 in a 65 ..It really depends on the speed. Anything over 100 is just bad and you really can't make up a good excuse as to why you're going that fast.