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Reckless Driving, need some help.

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Jayken

Junior Member
What is the name of your state (only U.S. law)? Virginia

The other day I got pulled over for reckless driving (80/55) on 395 in Arlington.
I was on my way back from taking my Aunt to work and thought the road wasn't open the cars around me where going similar speeds and I just wasn't watching my speedometer. I realize that isn't an excuse the Judge will believe, but that was the situation. This is my first offence on an otherwise spotless record.

There is no way I can afford a lawyer as I am unemployed at the moment. I know that this is a serious offence and that there are serious consequences if I'm found guilty. So, I was hoping there was some advice anyone could give me. Among many things:
Should I plead guilty?
I have long hair (I am a guy) should I just tie it back or get it cut?
Are there any steps I can take to show the judge that I have corrected my behavior outside of taking a driving course?
Are there any documents I should obtain?
Also, how severe is punishment, on average, for first time offenders?

Thank you in advance.
 


Maestro64

Member
You are correct VA takes this very serious these days, and depending on the location and the judge you could find yourself spending a few days in jail.

Independent of how you look, I have not heard of anyone successfully beating these tickets on their own. This law was written by a Legislator who also has his own law firm which specialize in Traffic laws, so this law is design to make lawyer money.

You might not be able to afford a lawyer now, but can you afford the outcome if you loose. A lawyer will at least be able to get it reduced to something less serious.
 
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antrc170

Member
You don't need a lawyer to handle this for you. As far as your hair goes, it needs to be presentable in a professional manner as well as the rest of your appearance. When you go to court the judge will ask you to plead guilty or not guilty. Plea not guilty. The trooper will testify to the facts of the case. There are some key phrases you need to be aware of in Virginia. An officer must be wearing his uniform and displaying his badge of authority to issue a speeding ticket using a radar device. If the trooper doesn't say that phrase you can ask the judge to dismiss the case on those grounds. Sometimes works, sometimes doesnt. When the trooper is done with his statements the judge will ask if you have questions for the trooper. Ask to see the radar calibration certificate. It must be no more than 6 mo. old from the date you recieved the ticket. If it was done by pace, ask for the speedometer calibrations. It has to be 1 yr. If the trooper cant present them ask for dismissal because the state can't offer any evidence that the radar was properly calibrated. If he has everything, then tell the judge that you agree with the facts of the case but wish to attend driving school. Stafford Co. for instance will usually allow attending driving school to reduce the charge from reckless to speeding which helps with insurance, etc.
 

Jayken

Junior Member
You are correct VA takes this very serious these days, and depending on the location and the judge you could find yourself speeding a few days in jail.

Independent of how you look, I have not heard of anyone successfully beating these tickets on their own. This law was written by a Legislator who also has his own law firm which specialize in Traffic laws, so this law is design to make lawyer money.

You might not be able to afford a lawyer now, but can you afford the outcome if you loose. A lawyer will at least be able to get it reduced to something less serious.
Unless I can find a lawyer for $200-300 there is no way I can afford one. It would quite literally mean choosing between eating and a lawyer.
 

Jayken

Junior Member
You don't need a lawyer to handle this for you. As far as your hair goes, it needs to be presentable in a professional manner as well as the rest of your appearance. When you go to court the judge will ask you to plead guilty or not guilty. Plea not guilty. The trooper will testify to the facts of the case. There are some key phrases you need to be aware of in Virginia. An officer must be wearing his uniform and displaying his badge of authority to issue a speeding ticket using a radar device. If the trooper doesn't say that phrase you can ask the judge to dismiss the case on those grounds. Sometimes works, sometimes doesnt. When the trooper is done with his statements the judge will ask if you have questions for the trooper. Ask to see the radar calibration certificate. It must be no more than 6 mo. old from the date you recieved the ticket. If it was done by pace, ask for the speedometer calibrations. It has to be 1 yr. If the trooper cant present them ask for dismissal because the state can't offer any evidence that the radar was properly calibrated. If he has everything, then tell the judge that you agree with the facts of the case but wish to attend driving school. Stafford Co. for instance will usually allow attending driving school to reduce the charge from reckless to speeding which helps with insurance, etc.
Thank you for the advice.
Do you think obtaining a copy of my drivers record from the DMV will help?
Also would it help any if I got my speedometer checked?
 

antrc170

Member
Unless I can find a lawyer for $200-300 there is no way I can afford one. It would quite literally mean choosing between eating and a lawyer.
You can ask the judge to apply for court appointed counsel, qualifcations depend on your income, dependents, etc.
 

Jayken

Junior Member
You can ask the judge to apply for court appointed counsel, qualifcations depend on your income, dependents, etc.
Do I have ask for appointed defense at any point before my trial or do I make the request at the time of the trial.
 

HighwayMan

Super Secret Senior Member
Do I have ask for appointed defense at any point before my trial or do I make the request at the time of the trial.
Google "Arlington Virgina public defender" to get information on who to contact. Best to make arrangements PRIOR to your court date. That is, if you qualify.
 
depose the officer before trial, even if you are pro se. Find a reporter & get this set up; demand your attny to do this if you get one. The last thing you want is to hear the officer's recollection at trial. This is a serious charge & the cost of a deposition is not cost prohibitive. It sounds like you have previous convictions; so if you choose on fighting the case you will have to win. Nothing, and I mean nothing, gets a witness to tell the full truth on the stand better than slamming his deposition in front of him and asking "you said this in your deposition & now you say this; which one is a fact and which one is not?". Even the smallest difference in testimony (of relevant Q & A) will make a witnesses testimony suspect to a judge. Judges do not take errors or omissions lightly.
 

FlyingRon

Senior Member
You should either get a lawyer, or at least speak to the commonwealth's attorney prior to the trial. At 80, it is possible that they will allow this to be reduced to a lesser, non-criminal, charge in exchange for taking driving school. This will only be available to you if your record is clean for the past few years.
 

Jayken

Junior Member
Google "Arlington Virgina public defender" to get information on who to contact. Best to make arrangements PRIOR to your court date. That is, if you qualify.
I have made arrangements to talk with the a public defender, thank you for your advice.

You should either get a lawyer, or at least speak to the commonwealth's attorney prior to the trial. At 80, it is possible that they will allow this to be reduced to a lesser, non-criminal, charge in exchange for taking driving school. This will only be available to you if your record is clean for the past few years.
My record is clean and thank you, that sentiment helps to ease my mind at least a little bit.
 

Jayken

Junior Member
I just got back from court and I just wanted to tell anyone who is facing a reckless driving case for the first time not to panic. My trial was literally 3-5 minutes and I didn't have to do anything other than plead guilty. I got my sentence reduced to a 74 in a 55 which came with a $150 fine.

If this is your first offence DO NOT PANIC. Only pointers I have are is show up on time, go alone, and find out where to check in your cellphone. Seriously, having to check in my phone almost made me late.
 

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