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Old 07-18-2001, 09:14 PM
NetherBen
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Posts: n/a
State: Virginia

Hello,
I have a question about an interesting situation.

I was convicted of a speeding 23 over the posted speed limit in early january. (I was not charged with reckless driving) I later learned that because I was under 18 at the time I needed to take a drivers improvement course in order for my liscence not to be suspended. (Having not know this course was required I took no action.) I was not informed that my liscence was suspended or revoked and continued to drive. (According the the DMV they sent a notice informing me of the suspension of my liscence via registered mail, but it was neither picked up nor signed for and thus was returned to them)

Later in June I was caught speeding 88 in a 65 (23 over again). The officer did not inform me that my liscence was suspended, and charged me with reckless driving. My court date is on July 26th.

Today July 18th I received a letter from my insurance company informing me that my liscence had been suspended for administrative reasons. I contacted the DMV and they confirmed this. They also informed me that I would need to take a driving improvement course to get my liscence back. I am scheduled to take this improvement course on July 21st. I should have my liscence back by the 25th.

Now my question is concearning the reckless driving charge. I was not aware that I was driving on a suspended liscence, and had not been informed until today July 18th. Yet I was charged with Reckless driving in early mid June. I am afraid that I may be charged with driving on a suspended liscence and reckless driving which would be grounds for immediate suspension or even possible jail time.

(I was very polite to the arresting officer, and I would hope he would put in a good word with the judge if any)


The charge on the ticket is "46.2 - 862" though I assume they will probably have some information about my driving record from the DMV if they are going to convict me of a reckless driving, which should include the fact that my liscence was suspended at the time of the 'arrest.'


I am looking forward to your response, and any light that you may shed on what I should do.

Thanks in advance,
Ben


From what I have gathered the worst case scenario is below:


6 points for my first 23 over conviction (in january)
6 points for the upcoming reckless driving conviction
6 points for driving with a suspended liscence (I am hoping to fight this charge as I had not been informed)

Thus leaving me with:

Eighteen (18) demerit points in twelve (12) months: You lose your diving privilege for 90 days. You must also complete a driver improvement course before your driving privilege will be restored. You will be placed on probation for six (6) months.


If I am charged with what I was expecting to be charged with I would be receiving:

6 points for my first speeding conviction (January)
6 points for my upcoming reckless driving conviction (July 26th)


Twelve (12) demerit points in twelve (12) months : You are required to take a driver improvement course within 90 days. If you fail to complete the course within 90 days, your driving privilege will be suspended until you do.

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