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Reckless in Fairfax, VA- to hire a lawyer or not?

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udonroll

Junior Member
What is the name of your state? VA

I was charged for reckless driving (46.2-862) in Dulles access highway and the police officer wrote down "82/55 (laser)" on the summon. First moving offense, as far as I know...(Well, have received 1 ticket for parking in MD, 1 for passing the red signal in DC, which only required me to pay fine with no points on my record. but I guess these do not appear on my DMV record...? Please correct me if I'm wrong here.)

Although I was so in a hurry to catch an international flight, I feel so bad about what I've done and I'm really concerned about what I should do now....my main questions are:

1) If I hire a lawyer, what would be the result like?
The charge dismissed, or pay a fine + get points dropped off on my record, or get this down to a normal speeding ticket??

2) Is it worth to hire a lawyer to get this down to a lesser offense or should I attempt it on my own?

3) If you're for "no need to hire a lawyer," pls let me know tips/things I should know and prepare and what to say to Judge.

Please help me out!
Thank you and wish you a happy Thanksgiving!
 
Last edited:


W

WindyAruba

Guest
From another forum on the options in VA PBJ, Driver's improvment in lieu of points and fine, etc....

My driving record is clean. I was cited for improper right turn at a
red light in Arlington County VA. I make this right turn frequently.
In this particular instance, I slowed down as I approached the light,
made brief full stop and checked for oncoming traffic from the left
side, saw it was clear and proceeded to turn right. A minivan behind
me made the same right turn. At the next stop light, I saw an
Arlington County police car behind the minivan and he was calling out
through the speaker for a "VW Golf wagon" to pull over. I wasn't sure
it was me because my car was a VW Passat sedan so I didn't pull over.
Only after he got behind me that I pulled over. He asked me if I knew
why he pulled me over and I said I didn't. He told me that I didn't
stop at the red light before turning right, and gave me a citation for
improper right turn at a red light.

With two young children in the car, I always drive carefully as
evident by my spotless driving records.

Even though this is just a 3-point/3-yr moving violation, I would like
to keep my driving records clean. I know I followed the right
procedure in making the turn, but I am willing to take a driver's
improvement class to suspend the case and keep my records clean.

1. Should I plead not guilty or no contest?
2. If I plead not guilty, what would happen? Would I have to return to
the court for the hearing? Would the judge still consider a driver's
improvement class if I plead not guilty?
3. If I plead no contest, how do I say it so that the judge would
consider a driver's improvement class? I am afraid that the court
would be busy and the judge would just wave me off to pay the clerks.
(That's what happened to my husband in the Alexandria City court when
he pleaded no contest).
4. Is it worth consulting with a lawyer?

Thanks.

Clarification of Question by lutfemil-ga on 23 Feb 2005 14:22 PST

Please answer by February 28, 2005. Thanks.

Clarification of Question by lutfemil-ga on 01 Mar 2005 07:28 PST

Thank you danield and others.

I went to court today, pleaded not guilty and had to wait for the
officer to come from another court room. The judge heard our
explanation, and I questioned the officer (who looked shaken) about
where he was and why he was calling out for a wagon when I was driving
a sedan. The judge lowered the fine and the point. I was hoping for
Probation before Judgment, but what I got was still better than paying
the full fine by mail and be assessed the full points on my driving
record. Even with full points, my record points would still be
positive, but this will hopefull have less impact on my insurance
rate.

Thanks!

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Subject: Re: Moving Violation (improper right turn at red lt) in Arlington County, Virginia
From: just4fun2-ga on 23 Feb 2005 14:52 PST

Fight it. - Just go to court and tell them that you are going to
fight the ticket. They will reduce the penalty and then try to get
you to plead guilty. Just say no - you want a court trial. They may
just drop the charges. If you lose ask the judge for driving school.

Subject: Re: Moving Violation (improper right turn at red lt) in Arlington County, Virginia
From: david1977-ga on 23 Feb 2005 17:54 PST

If you did not come to a full stop then that would be a reason.

Subject: Re: Moving Violation (improper right turn at red lt) in Arlington County, Virgin
From: daniel2d-ga on 24 Feb 2005 00:06 PST

#1. Go to court with a copy of your driving record.
#2. If the officer is not there (ask before entering a plea if the
officer is present) plead not guilty.
#3. If the officer is present you could plead not guilty but then if
would be your word against the officer's. Unless you were very
convincing the judge would nost likely find you guilty.
#4. Plead guilty - with an explanation. Explain you don't believe
you committed the violation but that you also belive the officer
wouldn't have ticketed you unless you committed the violation. You
have clean driving record - hand it to the bailiff to give to the
judge, and ask for Probation Before Judgement. Which means you are
not found guilty but put on probation for a year or so conditioned on
not getting any more tickets. Let the judge decide whether you need
driver school or not. Don't volunteer for it.

Points may raise your insurance rates so going to court on the ticket
is preferable to the alternatives.

Of course, this is not legal advice. You can always consult with an
attorney before you go to court.

Subject: Re: Moving Violation (improper right turn at red lt) in Arlington County, Virgin
From: daniel2d-ga on 24 Feb 2005 00:08 PST

PBJ may mean you have to pay a court fee but no fine or points will be assessed.
 

lwpat

Senior Member
Reckless

A reckless driving violation in VA is six points and a resulting major increase in your insurance. This is a major violation while an improper turn is not and there is no such thing a PBJ in VA. Fairfax is the toughest court in VA. Get a certified copy of your driving record and retain an attorney. The attorney should run around 500.00 and can appear at the arraignment on your behalf. Otherwise it is a mandatory court appearance.
 
Everything LWPAT said plus I believe a conviction will leave you with a misdemeanor on your record which can be a problem downstream. You really want good legal help to minimized the risk and damage.
 

udonroll

Junior Member
Thank you all for your advice.

LWPAT & Robbie0723, could you please recommend me any good attorney(s) that I can
retain at a reasonable fee (that should be around 500, I guess)?
 

seniorjudge

Senior Member
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. Ask about drug court, 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 six 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/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

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!”)

6. I was influenced by a bad crowd.

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.
 

Eric Ehoff

Junior Member
it would also be wise to see if your area court has a court fee.... I fought a ticket, it was reduced, but a $84 court fee was tacked on so i actually paid more than if i didnt fight it... i would check just to be safe
 

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