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Reckless Driving

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BGD

Junior Member
What is the name of your state? OHIO

My wife was driving through Washington county,Virginia and received a citation for reckless driving 46.2-862 (85mph/65mph zone.) Apparently this is a mandatory court appearence in Abingdon on 6/5/07. Is it possible to hire a local attorney to stand in and enter a plea? Does one typically need an attorney in this kind of charge? Can she request a trial in absentia if pleading guilty? We live 7 hours away,which seems impractical to appear in court for speeding. Also, what is the process for getting a later court date, if she does have to appear.- Thanks
 


FlyingRon

Senior Member
What is the name of your state? OHIO

My wife was driving through Washington county,Virginia and received a citation for reckless driving 46.2-862 (85mph/65mph zone.) Apparently this is a mandatory court appearence in Abingdon on 6/5/07. Is it possible to hire a local attorney to stand in and enter a plea? Does one typically need an attorney in this kind of charge? Can she request a trial in absentia if pleading guilty? We live 7 hours away,which seems impractical to appear in court for speeding. Also, what is the process for getting a later court date, if she does have to appear.- Thanks
Reckless Driving is a serious charge in Virginia. You must appear. You are well advised to have an attorney. You can go to jail for Reckless Driving here (unlikely unless you were over 100 MPH or racing). A coworker got 60 days suspended to 8. I've seen people get a year suspended to 45 days.

Your only out is to negotiate (or have an attorney do it for you) with the Commonwealth's attorney to substitute a lesser charge.
 
And you are also looking at a fine up to $1000. The exact amount is in the sole discretion of the judge. If you want to be on the good side of the judge and hope for a lower fine BE IN COURT.
 

FlyingRon

Senior Member
If you are a resident, had a clean (+5 as we say here) record, and promised to go to driving school, you'd get it knocked down to careless driving. I don't think they'll make that offer to out-of-staters.
 

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