Law section 46.2 - 852 Improper Driving Accident

[dbvent]

What is the name of your state? VA Loudoun County

State: VA in Loudoun County

Involved in 3 car accident, no one was injured in the accident. I was driving at 30mph in 55 mph zone, hit the car in front since the traffic suddenly stopped due to construction and lane closure.

I have to appear in court. I have never had traffic voilation (this is the first one) and not familiar with legal procedures.

My questions are,
(1) what is the max penalty for this voilation.
(2) Should I have to hire an attorney and consequences of appear without an attorney.

I appreciate any advice.

Thank you.

 

[The Occultist]

What is the exact charge being held against you (statute number(s))?

 

[racer72]

What is the exact charge being held against you (statute number(s))?

Law section 46.2 - 852 Improper Driving Accident

§ 46.2-852. Reckless driving; general rule.

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

 

[FlyingRon]

Since you were in an accident it was a mandatory appearance and most likely the police subpoena'd the guy you hit as a witness. That works out to your advantage as the judge takes pity on the poor witness and moves your case up to the front of the docket rather than making you wait.

Unless you are represented by counsel, the judge will ask the arresting officer or the witness to describe the accident. You'll get the chance to ask the witness questions (that's questions, not argue or state your case). Then you will get the chance to state your case.

You don't really have a case. If you've got a clean driving record, you can ask for the driving school option. The judge will then continue your case for you to take driving school. If you are over 20, you can even do this onlne, otherwise you can go to your choice of private contractors or to NoVa for a saturday.

If you complete the school and send the court the certificate, you'll get out of any conviction, points, etc...

 

[The Occultist]

Haha I never seem to read the subject lines

 

[dbvent]

Sorry for the delay and was out over the week end.

The exact charge is "46.2-852. Reckless driving; general rule (Improper Driving)"

The police officer has told me that this is the lowest level of offense under Reckless Driving Voilation and also said that I have to attend the court in person since he has not seen the accident.

(1) I do not have any kind of prior traffic voilation including parking ticket.

(2) I am ready to take safe driving course.

Thanks for your reply

 

[FlyingRon]

Oh, Reckless Driving.
That changes things.

That's a very serious charge, it's a misdemeanor and I've seen judges give jail timed for it (one of my employees did 4 days in the Loudoun drunk tank over that).

You need to get a Loudoun County traffic lawyer.

They will not drop a Reckless to NOHING for driving school
They might drop it to a lesser (non criminal) charge if you take
driving school You (or your lawyer) would need to broker that with the commonwealth's attorney before hand.