What is the name of your state? VA
My fiancé' got a ticket for Reckless Driving going 80 in a 55 on a highway in Virginia. I got a ticket for 77/55 on the same exact highway about a year ago. When I went to court I denied legal representation and after the judge finished reading me the information and fined amount she asked if I had questions. I simply said 'Yes your honor, as this is my first offense I was wondering if the Driver Improvement Program was an option?" I don't know why but she said yes and proceeded to reduce the charge to simple speeding 1-9. I told my fiancé' to do the same but forgot to prepare her for all the scary things they emphasize like the potential for jail time, etc. She asked for DIP class as well but the judge (a different one) said that she would need to choose to be represented by a lawyer or to represent herself before he could sentence her. She of course being scared said that she'd like one court appointed, but alas because she makes $12/hr we have to pay for one... We can't afford one, but I was wondering what would happen if she chose to represent herself?
Tips, Advice?
Does it make much of a difference that she was 80/55 and I Was 77/55?
She is worried that they might take her license and this is her first legal issue since she's been a legal adult. It seems absurd for her to lose her license or get time for a first offense traffic violation? Couldn't we appeal out of those anyway?
Thanks a lot!
Court Date is Sept 11
EDIT: I did some reading and have a few more questions... Can I actually represent my fiancé? If I did would that provoke a judge at all and make him more apt to be harsh? Ideally I'd love to have a lawyer but it's so expensive. I spoke with a local lawyer as well and was told that even if he took it to court there isn't much he can do because there was no incident or defending party. That made me feel better but there is this looming fear of my fiancé going to jail... We can cope with loss of license but what I'm shooting for is this:
No lawyer fees
No time served
No criminal record
I know a RD incident is a criminal offense and should be taken seriously, but when you cook off all the fat here's the case:
You have a 20 year old young woman trying to start her life; she was rushing to pick up her fiancé from work and made a mistake. She has learned her lesson and it will not happen again. How can you convict a person like that to any amount of time or slapping them with a criminal record for the rest of her life?
Part of me wants to play it safe and break my bank on a lawyer and they other part wants to fight it because it seems ridiculous. A fine is no problem, a suspended license is no problem, what should I do guys?
Also, if she represented herself or I went with her and spoke (If possible) my 'defense' wouldn't be an attempt to have the case dismissed or anything but just to have the charges reduced as mine were. My efforts would be to just emphasize this:
The defendant is more than willing to take a DIP class to prevent future occurrence
The defendant was not belligerent at the time of citation
The defendant caused no harm to others during the offense
The defendant has a clean driving record (We would obtain this of course)
This is a first offense.
I've read about people who try to stick it to the man, but it seems like its more trouble then its worth. We can try to get a few continuances to better prepare and hope that the officer doesn't show. (Not sure what that would benefit really) and we could try to confirm the dates of radar calibration, etc but what would be suggested here? I don_t want the trouble of a drawn out issue either, please help.
Thanks again!
My fiancé' got a ticket for Reckless Driving going 80 in a 55 on a highway in Virginia. I got a ticket for 77/55 on the same exact highway about a year ago. When I went to court I denied legal representation and after the judge finished reading me the information and fined amount she asked if I had questions. I simply said 'Yes your honor, as this is my first offense I was wondering if the Driver Improvement Program was an option?" I don't know why but she said yes and proceeded to reduce the charge to simple speeding 1-9. I told my fiancé' to do the same but forgot to prepare her for all the scary things they emphasize like the potential for jail time, etc. She asked for DIP class as well but the judge (a different one) said that she would need to choose to be represented by a lawyer or to represent herself before he could sentence her. She of course being scared said that she'd like one court appointed, but alas because she makes $12/hr we have to pay for one... We can't afford one, but I was wondering what would happen if she chose to represent herself?
Tips, Advice?
Does it make much of a difference that she was 80/55 and I Was 77/55?
She is worried that they might take her license and this is her first legal issue since she's been a legal adult. It seems absurd for her to lose her license or get time for a first offense traffic violation? Couldn't we appeal out of those anyway?
Thanks a lot!
Court Date is Sept 11
EDIT: I did some reading and have a few more questions... Can I actually represent my fiancé? If I did would that provoke a judge at all and make him more apt to be harsh? Ideally I'd love to have a lawyer but it's so expensive. I spoke with a local lawyer as well and was told that even if he took it to court there isn't much he can do because there was no incident or defending party. That made me feel better but there is this looming fear of my fiancé going to jail... We can cope with loss of license but what I'm shooting for is this:
No lawyer fees
No time served
No criminal record
I know a RD incident is a criminal offense and should be taken seriously, but when you cook off all the fat here's the case:
You have a 20 year old young woman trying to start her life; she was rushing to pick up her fiancé from work and made a mistake. She has learned her lesson and it will not happen again. How can you convict a person like that to any amount of time or slapping them with a criminal record for the rest of her life?
Part of me wants to play it safe and break my bank on a lawyer and they other part wants to fight it because it seems ridiculous. A fine is no problem, a suspended license is no problem, what should I do guys?
Also, if she represented herself or I went with her and spoke (If possible) my 'defense' wouldn't be an attempt to have the case dismissed or anything but just to have the charges reduced as mine were. My efforts would be to just emphasize this:
The defendant is more than willing to take a DIP class to prevent future occurrence
The defendant was not belligerent at the time of citation
The defendant caused no harm to others during the offense
The defendant has a clean driving record (We would obtain this of course)
This is a first offense.
I've read about people who try to stick it to the man, but it seems like its more trouble then its worth. We can try to get a few continuances to better prepare and hope that the officer doesn't show. (Not sure what that would benefit really) and we could try to confirm the dates of radar calibration, etc but what would be suggested here? I don_t want the trouble of a drawn out issue either, please help.
Thanks again!
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