Need VA Reckless Driving Help

[bmwgs]

I was pulled over in Virginia and cited for the reckless driving. I was driving west on a 4-lane divided state highway (rte 3 in Fredericksburg). The sheriffs deputy was stopped in the left hand turn lane. I was driving in the left hand lane and quickly changed lanes to the right-hand lane about 50 yards before reaching the sheriff's vehicle to avoid a car in front of me which braked. I merged in front of an SUV but did not consider it close as I was about 10-15 feet ahead of the SUV. I was in second gear and going about 45 mph and the exhaust note of my car is loud at this rpm. There were several other vehicles in the left lane between myself and the sheriff in the turn lane as I passed him, obstructing his view of me and my view of him.

He could not have gotten a radar shot of my speed, nor did he ever pace me. He pulled out of the left lane, accelerated on me, and pulled me over. He claimed I was accelerating fast and had maneuvered through traffic wrecklessly. I did not dispute him and kept my mouth shut except to point out that I have not had a ticket in 15 years and that the car in front of me had braked. I did ask for a warning. I do not feel he was in a position to adequately observe what happened. He could not have seen the vehicle in front of me brake because we were behind him when this happened. In my opinion it was safer to move over to the right than to brake hard and be hit by a vehicle behind me. Furthermore, he was at a standstill, and if I was passing slower cars between myself and him, it would appear due to the relative motion, that I was accelerating, when in fact the other vehicles were decelerating and I was within the speed limit. I believe he heard my car, saw me passing the other cars, and made a snap decision that because I was in a sports car, I must be driving fast and recklessly. He never even asked what happened.

What suggestions does anybody have for beating this ticket? The statute he cited is 46.2-852 which is very subjective to officer opinion. I do not believe that I put anybody's "life, limb , or property" at risk and I do not believe I drove unsafely. I was only driving defensively and reacting to the vehicle in front of me.

 

[lwpat]

Reckless Driving in Virginia

Reckless driving in VA is a serious criminal offense with fines up to 2500 and jail time. This almost never happens but it is not something you should try on your own. It is a mandatory court appearance but you can avoid this with an attorney.

Expect insurance rates in the 1000's for three years if this goes on your record. Also watch for the deal where it is dropped to a speeding. This can still be six points if it is changed to a 20+ as many unfortunate people without an attorney have found out. The prosecutor is not bound to tell you the consquences of a guilty plea.

 

[RedemptionMan]

I was pulled over in Virginia driving a Porsche Boxster and cited for the reckless driving. I was driving west on a 4-lane divided state highway. The sheriffs deputy was stopped in the left hand turn lane. I was driving in the left hand lane and quickly changed lanes to the right-hand lane about 50 yards before reaching the sheriff's vehicle to avoid a car in front of me which braked. I merged in front of an SUV but did not consider it close as I was about 10-15 feet ahead of the SUV. I was in second gear and going about 45 mph and the exhaust note of my car is loud at this rpm. There were several other vehicles in the left lane between myself and the sheriff in the turn lane as I passed him, obstructing his view of me and my view of him.

He could not have gotten a radar shot of my speed, nor did he ever pace me. He pulled out of the left lane, accelerated on me, and pulled me over. He claimed I was accelerating fast and had maneuvered through traffic wrecklessly. I did not dispute him and kept my mouth shut except to point out that I have not had a ticket in 15 years and that the car in front of me had braked. I did ask for a warning. I do not feel he was in a position to adequately observe what happened. He could not have seen the vehicle in front of me brake because we were behind him when this happened. In my opinion it was safer to move over to the right than to brake hard and be hit by a vehicle behind me. Furthermore, he was at a standstill, and if I was passing slower cars between myself and him, it would appear due to the relative motion, that I was accelerating, when in fact the other vehicles were decelerating and I was within the speed limit. I believe he heard my car, saw me passing the other cars, and made a snap decision that because I was in a Porsche, I must be driving fast and recklessly. He never even asked what happened.

What suggestions does anybody have for beating this ticket? The statute he cited is 46.2-852 which is very subjective to officer opinion. I do not believe that I put anybody's "life, limb , or property" at risk and I do not believe I drove unsafely. I was only driving defensively and reacting to the vehicle in front of me.

Wow is that what you think-- Pay the ticket and if you do not have any tickets on your record now get probation and have it off your record in 6 months. Or you can go to court have the cop show up and tell them what you think and just stick by those guns and keep thinking....

 

[bmwgs]

Wow is that what you think-- Pay the ticket and if you do not have any tickets on your record now get probation and have it off your record in 6 months. Or you can go to court have the cop show up and tell them what you think and just stick by those guns and keep thinking....

Will I get the misdemeanor off my record? I am an airline pilot and really can't afford to have a misdemeanor on my record. I do have a completely clean record and have not had a ticket for over 15 years. I am not a "hot-rodder" and I do not drive aggressively. In fact, years of motorcycle riding have taught me to be a very defensive driver in order to stay alive.

Also, my defense would not be just stating my difference of opinion. It is that the deputy was not in a position to adequately view the alleged reckless driving. He was ahead of me, stopped, in a turn lane when I switched lanes and he did not have a line of sight view of my vehicle as I passed him because there were several other cars in the lane between myself and him. He never stated a speed and I know he has no speed on me as I was not going more than 5 mph over the limit. I think that there is enough to create a reasonable doubt. Having said that, maybe it is enough for the deputy to just say to the judge that in his opinion I was driving recklessly and that will be that. I did write everything down, diagram the intersection and positions of the cars, and take photos within 30 minutes after the ticket.

Anyhow, critiques are welcome. I am planning on hiring a lawyer. What do you think the chances are for a plea to a lesser charge like unsafe lane change?

Thanks

 

[RedemptionMan]

Will I get the misdemeanor off my record? I am an airline pilot and really can't afford to have a misdemeanor on my record. I do have a completely clean record and have not had a ticket for over 15 years. I am not a "hot-rodder" and I do not drive aggressively. In fact, years of motorcycle riding have taught me to be a very defensive driver in order to stay alive.

Also, my defense would not be just stating my difference of opinion. It is that the deputy was not in a position to adequately view the alleged reckless driving. He was ahead of me, stopped, in a turn lane when I switched lanes and he did not have a line of sight view of my vehicle as I passed him because there were several other cars in the lane between myself and him. He never stated a speed and I know he has no speed on me as I was not going more than 5 mph over the limit. I think that there is enough to create a reasonable doubt. Having said that, maybe it is enough for the deputy to just say to the judge that in his opinion I was driving recklessly and that will be that. I did write everything down, diagram the intersection and positions of the cars, and take photos within 30 minutes after the ticket.

Anyhow, critiques are welcome. I am planning on hiring a lawyer. What do you think the chances are for a plea to a lesser charge like unsafe lane change?

Thanks

You could try that to plea it down to careless and prohibited driving or unsafe lane change. Did he arrest you or issue a ticket? Reckless driving is an arrestable offense. If he did not arrest you and issued a ticket then you can have the ticket deferred and get probation for 6 months. That is if you do not have any tickets on your record at the time. You did the right thing by hiring a lawyer but it depends on what the deputy thinks as to a type of plea you will get. It will be easier to plea it and negotiate something then it would to try and beat it. Traffic offenses are not easy things to beat cause everybody does it and all the cop has to say is that you operated your vehicle in a reckless manner. Good luck with it....

 

[bmwgs]

I got a ticket, no arrest. So are you saying that I can avoid the misdemeanor altogether by deferring and being on probation? I need my license to drive to work and pick my kids up from school (single dad).

So you are saying that the deputy's opinion will trump whatever other considerations there may be? For instance, he was not in a position to see why I swerved into the other lane, he only saw me swerve (if he even saw THAT in the rear view mirror. I will be interested to see what he wrote in his report). Does my judgement as the driver of the car that it was safer to swerve than to brake suddenly not count for anything?

I also thought I could make the case to the judge that, as a pilot, I am used to and trained to making snap decisions regarding safety, ie on takeoff when an engine fails or something else goes wrong, and my judgement, hand-eye coordination, and ability to recognize and estimate closure rates and distances is higher than that of the average motorist. Of course I will run that by my attorney, but I am just trying to set my mind at ease with some potential strategies and see how hard I will get slammed.

Thanks.

 

[RedemptionMan]

I got a ticket, no arrest. So are you saying that I can avoid the misdemeanor altogether by deferring and being on probation? I need my license to drive to work and pick my kids up from school (single dad).

So you are saying that the deputy's opinion will trump whatever other considerations there may be? For instance, he was not in a position to see why I swerved into the other lane, he only saw me swerve (if he even saw THAT in the rear view mirror. I will be interested to see what he wrote in his report). Does my judgement as the driver of the car that it was safer to swerve than to brake suddenly not count for anything?

I also thought I could make the case to the judge that, as a pilot, I am used to and trained to making snap decisions regarding safety, ie on takeoff when an engine fails or something else goes wrong, and my judgement, hand-eye coordination, and ability to recognize and estimate closure rates and distances is higher than that of the average motorist. Of course I will run that by my attorney, but I am just trying to set my mind at ease with some potential strategies and see how hard I will get slammed.

Thanks.

To be honest with you. I would call the court tell them that you have no tickets currently on your record. Ask them if you can get probation where you agree to pay a smaller fee than a reckless driving ticket and have it removed if you get no more tickets within 6 months. That is the cheapest method possible to you. Actually, I think reckless driving may be a serious enough offense where you might not qualify for traffic probation, but you can call the court and find out for sure....

It is good that you are a pilot but when it comes to the court system they could care less. You can answer your own question when it comes to the court system. Be it you are a pilot, judge, lawyer, doctor, etc. etc. Who has the power? and they are the least educated people in the system. I promise you the cop is going to tell a one sided story.

 

[bmwgs]

To be honest with you. I would call the court tell them that you have no tickets currently on your record. Ask them if you can get probation where you agree to pay a smaller fee than a reckless driving ticket and have it removed if you get no more tickets within 6 months. That is the cheapest method possible to you.

It is good that you are a pilot but when it comes to the court system they could care less. You can answer your own question when it comes to the court system. Be it you are a pilot, judge, lawyer, doctor, etc. etc. Who has the power? and they are the least educated people in the system. I promise you the cop is going to tell a one sided story.

Yeah, the probation sounds like the better and easier deal, but it really chaps my hide that I feel like I have to plead to something when I feel like I really did nothing wrong. I guarantee that had I been driving my old Explorer, there would have been no ticket, he wouldn't even have gone after me. I think he saw my car, perceived it to be going fast from his vantage point, and just assumed I was driving crazy because people who drive fast cars always hotrod, right?

 

[RedemptionMan]

Yeah, the probation sounds like the better and easier deal, but it really chaps my hide that I feel like I have to plead to something when I feel like I really did nothing wrong. I guarantee that had I been driving my old Explorer, there would have been no ticket, he wouldn't even have gone after me. I think he saw my car, perceived it to be going fast from his vantage point, and just assumed I was driving crazy because people who drive fast cars always hotrod, right?

I have owned a 300zx twin turbo, mr2 turbo, and such and I can tell you that they hone in on sports cars and things that are flashy. Kinda like fishing... The cars look fast standing still and if you were in his shoes what would you go after a corvette or an explorer.

If you do get probation don't drive the car for at least 6 months cause you can not get another ticket within that time frame or else you will have two tickets on your record...

 

[Robbie0723]

You really need to rely on a good attorney given you job is at stake. Traffic courts have little to do with being right or fair.

Interview several lawyers, see if they can provide references from previous clients with similar cases.

 

[bmwgs]

I have owned a 300zx twin turbo, mr2 turbo, and such and I can tell you that they hone in on sports cars and things that are flashy. Kinda like fishing... The cars look fast standing still and if you were in his shoes what would you go after a corvette or an explorer.

If you do get probation don't drive the car for at least 6 months cause you can not get another ticket within that time frame or else you will have two tickets on your record...

LOL...I was thinking that but did not want anyone to think I was a jerk for saying it. Glad I am not the only one thinking that, I don't feel so crazy now. I figure it made his day pulling over a new Porsche in an area where you rarely see them. I know the car is a cop magnet and that is why I have always been careful to drive it more conservatively than normal.

So will the probation expunge the reckless from my record for good, as if I never had it? Is that automatic, or do I have to actually broker a deal with the prosecuting attorney?

 

[bmwgs]

You really need to rely on a good attorney given you job is at stake. Traffic courts have little to do with being right or fair.

Interview several lawyers, see if they can provide references from previous clients with similar cases.

I absolutely agree! My present job would not be in danger, but if my airline ever goes out of business (as airlines are wont to do these days), and I had to enter the job market again, then they tend to not want to hire pilots with reckless driving convictions. Not as bad as a DUI, but still not good.

 

[RedemptionMan]

LOL...I was thinking that but did not want anyone to think I was a jerk for saying it. Glad I am not the only one thinking that, I don't feel so crazy now. I figure it made his day pulling over a new Porsche in an area where you rarely see them. I know the car is a cop magnet and that is why I have always been careful to drive it more conservatively than normal.

So will the probation expunge the reckless from my record for good, as if I never had it? Is that automatic, or do I have to actually broker a deal with the prosecuting attorney?

Upon looking at it more closely -- Reckless driving in Virginia is a class 1 misdomeaner which is pretty serious, in my state it is a class 2 misdomeaner. I do not think you will qualify for traffic probation since it is this serious in nature.
This website should help...

http://vatrafficlaw.com/reckless.html

I would hire an attorney and hope he could work something out so that you would not lose your job...

 

[bmwgs]

Upon looking at it more closely -- Reckless driving in Virginia is a class 1 misdomeaner which is pretty serious, in my state it is a class 2 misdomeaner. I do not think you will qualify for traffic probation since it is this serious in nature.
This website should help...

http://vatrafficlaw.com/reckless.html

I would hire an attorney and hope he could work something out so that you would not lose your job...

Ughh, now I am not feeling so good again. Thanks for the link.