How to proceed ...

What is the name of your state? Virginia

So here's my story:

I'm on my way home from work. The traffic is very backed up and we're all sitting still. I thought everyone started to go for some reason and let off the brake. Before I even hit an idle speed I realize no one is moving. So I go to hit the brake again, but instead my foot slips off and floors the gas into the car in front of me (car #1) and the person to the right of car #1 (car #2). Car #1 also tapped the car in front of it (car #3) but that was extemely minor. It was so minor, in fact, that once we actually looked at what happened, we realized it was just dust on the back of his car and wiped it off. So basically, my car is wedged between Car #1 and #2, while Car #3 is in front of us.

So we call the police. They show up and we explain what happened. Car #3 stuck around and gave all his information even though he had very little if any damage. The cop gave me a ticket for Reckless Driving. When asked which cars are drivable from the scene, I say mine isn't (the two front tires were pointed in toward eachother along with the driver's door not having the ability to open) and so does the lady in Car #1. At this time, Car #2 and #3 take off. The wrecker shows up and puts my car on the back of the truck. At this time, Car #1 lady says her car is drivable and would rather just drive home. So I have my car towed and then I get brought home.

So here's my questions:
1) Do the police take into account the lady in Car #1 said her car wasn't drivable even though afterward she realized it was?
2) Will it reflect worse upon me that technically there were 3 cars (other than mine) involved even though Car #3 received very little if any damage in the accident?
3) What's the process of getting Reckless Driving reduced? Where do I start?

On a side note - I got a rental car from Enterprise and the very next day I get rear ended and that rental isn't drivable. I then have to wait over the weekend without a car only to go in on Monday morning and waste 1/2 a day waiting to get a new vehicle which turns out to be an F-150.
I guess I'm just lucky like that.

[Curt581]

Originally Posted by caedo

1) Do the police take into account the lady in Car #1 said her car wasn't drivable even though afterward she realized it was?

Take it into account for what?
It's not relevant to the citation issued, nor is it relevant to whether or not you were at fault.
Her car being or not being towed doesn't affect you.

2) Will it reflect worse upon me that technically there were 3 cars (other than mine) involved even though Car #3 received very little if any damage in the accident?

No.

3) What's the process of getting Reckless Driving reduced? Where do I start?

Start at the initial appearance. Go to court. They may make an offer to reduce at that time. If you don't like the offer, you can plead Not Guilty, and be scheduled for a pretrial.

It's my understanding that Reckless is a misdemeanor in Virginia, not just a forfeiture ticket. I suggest hiring an attorney for any further proceedings.

[kyblue]

Originally Posted by Curt581

Start at the initial appearance. Go to court. They may make an offer to reduce at that time. If you don't like the offer, you can plead Not Guilty, and be scheduled for a pretrial.

I agree with Curt, except you must first make your plea before any sentencing reduction is offered unless you are having anattorney talk to the prosecuting attny before going before the judge. If you are representing yourself then you may want to plead "no contest" so you are not necessarily admitting guilt and you have the option to appeal with an attny if you don't agree with the sentencing the judge has issued. If you plead "guilty" you automatically forfeit any option of appeal and must accept what ever sentencing is issued. Hiring an attorney is what you will want to do if you are going to fight the ticket and plea "not guilty".

Reckless driving is a class 1 misdemeanor charge in Virginia. Sometimes if you go to safe driving school before your court date and show proof when you go to court the judge will take this into consideration and reduce charges to a traffic violation.

Originally Posted by kyblue

I agree with Curt, except you must first make your plea before any sentencing reduction is offered unless you are having anattorney talk to the prosecuting attny before going before the judge. If you are representing yourself then you may want to plead "no contest" so you are not necessarily admitting guilt and you have the option to appeal with an attny if you don't agree with the sentencing the judge has issued. If you plead "guilty" you automatically forfeit any option of appeal and must accept what ever sentencing is issued. Hiring an attorney is what you will want to do if you are going to fight the ticket and plea "not guilty".

I've been reading a lot of the other threads and one in particular says No Contest is almost the exact same thing as Guilty. The fact of the matter is that I'm not guilty. So I'll plead Not Guilty.. right?

Other things I've been reading is that for a traffic violation (like in my case - Reckless Driving), there are atleast two dates: Arraignment date and Trial. This is the only place I've seen that. Everyone else I've talked just says there is one date where you go, say whether you're guilty or not, and argue your case in front of a judge. Is this because it is different with each state? Can someone clarify that?

Also, this accident happened in Virginia but I live in Florida. I was only staying in Virginia for the summer working. I'm not loving the idea of going to go back home to Florida just to pay for a plane ticket two months later for my court date. What are my options with this? Is there a way to get my court date moved closer? Or to another state or something?