• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Advice on Reckless Driving Ticket?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

NOVA1989

Junior Member
What is the name of your state? VA

I was on a windy road last night and I lost control of my car and I totalled it. I was coming around a bend and I saw a deer on the side of the road and I over reacted and hit a tree and swung into a ditch.

I was given a reckless driving ticket (failure to maintain control) because the office believes I was doing at least 60mph when I told him I was going 45-50mph; which I was. His defense was he saw my "yaw" marks? When after driving back over the scene after being picked up by my mom I saw the mark and it was about 3-5 feet long and only from one tire. The car is totaled without a doubt. No other people were involved and there were no witnesses to my knowledge. and I am 18 and I do have an active driving record.

I already have 11 points on my license.
3 - Speeding 1-9
4 - Speeding 15-19
4 - Failure to stop/yield entering highway

I did take a 8 hour driving course which I should have received +5 points on, but for some reason I never did and I still need to take that up with the DMV headquarters to find out why I did not receive the points.

What can I or what should I do?
 


Zigner

Senior Member, Non-Attorney
I'm thinking you should invest in a bicycle - you OBVIOUSLY haven't learned how to safely control a car.
 

NOVA1989

Junior Member
Yes I obviously don't know how to control a car especially considering I was driving at the posted speed limit on a windy road and I have had plenty of close encounters with deer on the road.

Incase you didn't noticed I am 18 so I do lack experience on how to handle the situation and when I see something walking in the direction of my path it is so unusual for me to try to avoid the animal if it did come in front of me.
 

seniorjudge

Senior Member
Q: What can I or what should I do?

A: You admitted to being guilty. You may either have a trial or plead guilty. Your choice.
 

NOVA1989

Junior Member
I do have a court date on June 12th. I do admit I did lose control of the car because of how I reacted to the situation. Should I seek the help of a lawyer?
 

seniorjudge

Senior Member
I do have a court date on June 12th. I do admit I did lose control of the car because of how I reacted to the situation. Should I seek the help of a lawyer?
I always recommend a lawyer.

From what I have read, Virginia is really nasty about traffic tickets in general and this kind in particular.

If you had a wreck, then you were not in control of the car.

Period.

End of story.

Even if.

I don't care if the Angel Gabriel was standing in the middle of the road blowing his trumpet. You are still guilty.

Ask your lawyer to beg and plead for a non-moving violation.

And slow down.

We do not want to see your body in the morgue.:)
 

NOVA1989

Junior Member
I will look into a lawyer then.

I did read what the law does say and I do admit that I am guilty for losing control like I did.

I do plan on slowing down on that road now and being more cautious on roads like it. I honestly don't understand why they have a posted 45mph speed limit on that road.

Last night definitely showed me that they really do need to reivaluate posted speed limits in VA
 

Ozark_Sophist

Senior Member
Was the corner marked with a lower speed limit? You don't have to drive the speed limit.
Drive slower. And drive through animals--much safer than trying to swerve. I was following a bronco 2 which swerved to avoid a dog. Driver (mother of four children riding in car with her) was ejected onto highway and died (not pretty).
 

NOVA1989

Junior Member
There were no signs that indicated I should reduce my speed and there also weren't any animal warning signs. I know I don't have to drive the speed limit, but I was incontrol of the car until I was spooked and over reacted.

I was lucky really lucky my seatbelt and airbag really saved me and really brused me up at the same time. If I was driving my other car which doesnt have airbags I don't think I would've been so lucky.
 

FlyingRon

Senior Member
You're supposed to judge that for yourself. Just because there's no sign doesn't mean it's not safe to go the posted speed. This is one of those judgement things you will learn as you get more experienced with the car.

What exactly are you charged with?

They took the deer crossing signs down because they didn't want the deer to cross there. They can't read, but they can recognize little pictures of themselves.
 

seniorjudge

Senior Member
...

They took the deer crossing signs down because they didn't want the deer to cross there. They can't read, but they can recognize little pictures of themselves.

...


I have been trying to get the game warden and the prosecutor to come out to my place and poach a few Bambis.

(I won't tell where the bodies are buried!)

Little boogers are driving me nuts.
 

seniorjudge

Senior Member
I know I don't have to drive the speed limit, but I was incontrol of the car until...


OFFENSE COMMITTED HERE


...I was spooked and over reacted.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top