Reckless Driving Charge

[gandjmail]

What is the name of your state? Virginia



I was going to work and came to the intersection where I turn into my employment. Well there had been a bad accident there and the traffic was backed up like crazy. The accident and police vehicles were in the middle and to the left of the road.

My turn was on the right side of the road. A police car was blocking the entrance so I drove around it very slowly - less than 5 mph - and a policeman comes running after me from the other side of the road and says I am endangering policeman's lives.

He charged me with reckless driving and said I had no other options than to appear in traffic court.

I was moving very slowly and there were no people where I was. How is that reckless driving? He wouldn't even let me explain anything.

What are my options and what should I do in preparation for court?

[seniorjudge]

Q: I was moving very slowly and there were no people where I was. How is that reckless driving?


A: A police car was blocking the entrance so I drove around it very slowly - less than 5 mph - and a policeman comes running after me from the other side of the road and says I am endangering policeman's lives.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[LSCAP]

I am not a lawyer or expert. I have read that the maximum penalty in VA for Reckless Driving is “up to one year imprisonment, fines up to $2500 and/or license suspensions.”

I got this off the web
11. 11 The court may reduce any reckless driving offense to improper
driving if "the degree of culpability is slight." §46.2-869 Important.
Under Virginia law, "improper driving" is not a defined crime. As
such, law enforcement offices do not charge a person with this
offense. Instead, a driver is normally charged with an offense which
has been "labeled" as "reckless driving" and, if the circumstances
warrant, the court reduces such charge to "improper driving" for
sentencing purposes.”

I have found in some courts you get a chance to speak to the DA.

If he wont cut you any slack.

Ask for a postponement to obtain the services of an attorney. Preferably a local one.

If you ever get into that situation, STOP, try to unobtrusively get an officer’s attention to give you the OK to move. Otherwise don’t move.

[seniorjudge]

I have found in some courts you get a chance to speak to the DA.


I missed the evening news last night: since when do courts control who a DA talks to? I never got that memo.

[LSCAP]

EVENING NEWS;Special edition.

" I have found in some courts you get a chance to speak to the DA." IF HE FEELS LIKE LISTENING TO YOU.

OK?

I've been there. A case where the deft was clearly innocent, the judge later agreed.
The DA had refused to consider anything but a guilty.

[gandjmail]

Virginia


LSCAP, are you talking about criminal court or traffic court? I am going to traffic court. Will there be a DA that will prosecute me?

[LSCAP]

Actually in most courts I’ve been in, they have an assistant District Attorney who will prosecute you.

Again, they have different setups in different courts. In one court I saw a line of people in a large room behind the Bench. They were lined up talking to the ADA. He had a computer print out of their record, and they briefly pleaded their case. Often he would allow them to plead to a lesser charge. Sometimes equipment violation, or reduced speed etc.

Another court they called everyone’s name, and verified the officers were present, then took a recess, while the ADA walked to the side of the room and a line formed up facing him/her.

Another time everyone who claimed not guilty sat in the courtroom until His/her name was called. The defendant approached the railing and would start to offer a plea to the Judge who would tell them to discuss it with the prosecuting attorney.(ADA)

I havent been there recently, but in NYC they had a court clerks who had no ax to grind. If you had a reasonable excuse and they could justify it, he/she usually gave you the break.

But I have NEVER been in a Virginia court. I suggest you start your own thread and ask someone who has been there.