Agressive driving charge - How best ot handle

[davhu10]

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

My son was charged with aggressive driving and has a court day. We will be looking for a lawyer. Please give you opinion on what may happen and best to prepare for the case (21 years old and clean record).

- Son was driving on the right lane of a two lane road when he was cut off by another car that moved into his lane without signaling. Son reacted and swirled to the left and then returned to the right lane after the a safe distance between the cars. Two blocks down, a cop pull his over and gave him a summon to appear in court for aggressive driving: moving in-and-out of lane and doing 53mph on 40mph zone. He may have step on the gas instead of the breaks.

- the cop did not listen to any explanation.
- the other car that was doing faster before he pull in front of son and tapped on this breaks was not stopped.

thanks

 

[Ohiogal]

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

My son was charged with aggressive driving and has a court day. We will be looking for a lawyer. Please give you opinion on what may happen and best to prepare for the case (21 years old and clean record).

- Son was driving on the right lane of a two lane road when he was cut off by another car that moved into his lane without signaling. Son reacted and swirled to the left and then returned to the right lane after the a safe distance between the cars. Two blocks down, a cop pull his over and gave him a summon to appear in court for aggressive driving: moving in-and-out of lane and doing 53mph on 40mph zone. He may have step on the gas instead of the breaks.

- the cop did not listen to any explanation.
- the other car that was doing faster before he pull in front of son and tapped on this breaks was not stopped.

thanks

So you were in the car? Testify for him. If you weren't in the car then you have NO CLUE what happened.

 

[FlyingRon]

Aggressive driving is a misdemeanor. I'd recommend that he at least consult with a lawyer. Jail is a possibility (though absent intent to injure, racing, or 100+ speeds most GDC judges will not lock him up). It will be expensive, permanent blot on his record however. GDC's are all over the place as to mitigation (VADIP or reducing to careless driving).
Of course, the lawyer may advise to mount a defense. Just moving in between lanes unsafely isn't "aggressive driving." There must be the intent to injure, annoy, impede, other drivers...

 

[Antigone*]

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

My son was charged with aggressive driving and has a court day. We will be looking for a lawyer. Please give you opinion on what may happen and best to prepare for the case (21 years old and clean record).

- Son was driving on the right lane of a two lane road when he was cut off by another car that moved into his lane without signaling. Son reacted and swirled to the left and then returned to the right lane after the a safe distance between the cars. Two blocks down, a cop pull his over and gave him a summon to appear in court for aggressive driving: moving in-and-out of lane and doing 53mph on 40mph zone. He may have step on the gas instead of the breaks.

- the cop did not listen to any explanation.
- the other car that was doing faster before he pull in front of son and tapped on this breaks was not stopped.

thanks

Your son is an adult and needs to handle his own business. The only advice I suggest is that he speak about this only to his attorney. He shouldn't speak about this subject with anyone but him/her - not even you.

 

[racer72]

Helicopter parenting doesn't end at 18 anymore.

 

[Zigner]

I typed this and erased it once...but I think it needs to be said.

Your son had a car cut a little close in front of him and his reaction was to swerve wildly and step on the gas? Really? If that is true, then your son is a menace and needs to be taken off the road and given some remedial driver training. More likely, he is simply making up a story to explain his aggressive behaviour in response to a driver who made a mistake in judgement. Personally, from your explanation of things, I think your son deserves the ticket. Yes, an attorney is a good idea to minimize the damage that his youthful stupidity will cause.

 

[Joe10]

I don’t like to see anyone esp. a young person get in trouble with the law… and have a spot permanently on their record but around here aggressive driving is considered a very serious safety concern. Some countries, I heard, like Germany won’t even let a driver get away with throwing another driver the finger. That’s considered intimidating or distracting the other driver and a serious safety issue, esp. at the speeds they drive.
That’s especially true when you get two hot heads at each other. They will pull off onto the shoulder or a parking lot and one will have a weapon then somebody gets seriously hurt or killed. Remember the incident in Florida a week or so ago where one of the drivers was shot to death and in which is thought to be an aggressive driving incident.
Unfortunately young people often think they are invincible and sometimes get upset quickly over something that another driver does to them. It takes discipline to “write off” an incident, but it’s not worth the safety risk to attempt to “get even”. Call 911 and let the cops take care of it. That’s their job.
It sounds like, if your son had a “cooler head” and not decided to try to get even, it was the other guy who was initially the aggressor. The other driver may very well have been the one to get stopped…until you son made a bad decision.
Driving requires the responsibility of an adult. I just retired after about thirty years, at least half of which was on a six lane expressway and about 50 miles a day round trip much of it working afternoons. I’ve had my share of other drivers trying to intimate me or follow me. Once in while a drunk whizzed by me. It takes discipline to just look straight ahead and avoid eye contact all the while having 911 on speed dial. Your son will need to learn those lessons too. On the road leaning to control your temper is just a must. At his age he has many years of driving ahead of him so it’s esp. important for him to learn.