Reckless Driving General rule NOVA

[Matymat]

What is the name of your state? Fairfax VA

Ok long time reader first time poster here...hello all

So the other day I leave work and start to head home, it was Friday, nice weather, I was feeling good until....

I work near rt66 and the rt28 (exit 53) connection. On my way home I hopped on rt66 for about 3/4 mile before reaching the exit I take to go home (rt28)... So I go to start merging over to get off of rt66 and on to my exit (rt28) (I was in the lane next to the HOV lane). I am mentioning this part because I don’t know what the officer observed...anyways...

I start to merge off of 66 (traffic was hauling tail 65-75mph). I put on my right blinker and look over my shoulder. I was going to merge over but a SUV was not having it and closed the gap so I speed up a little and merged in front of the vehicle that was in front of him. I then proceeded to merge again and again until I was finally at my exit...

I start going up the exit (speed limit 25 mph) I was the last car is a small convoy of cars going up the exit ramp. In front of me there were 3 vehicle I remember A black pick up truck, in front of him the was a cement truck, in front of him there was a dump truck I was last in the convoy. As I was approaching the crest of the ramp I observed all North bound traffic stopped at a red light (no one was moving in my direction behind me) when I got to the top of the merge and was able to get over, I went all the way over to the left lane, I did not pause, I did so quickly, I did so right at the point the line starts to break indicating I am able to merge. I would never have pulled fast out like that had I not have seen the traffic stopped at the light.

So I start my long drive home (to the end of rt28)...coming off the ramp there are 2 lights with in about 200 yards, I remember slowing to a rolling stop as I came to the first one however when one light turns green they both turn green so I continue to drive...I had almost made it under the second light when I see an SUV flying up on my tail...Its an unmarked FCC (Fairfax County Cop) He lights me up and I pull over immediately (about 40-50 yards past the second light).

So he comes up to my car identifies himself (as if I did not know) and asks for my license and registration. I produce the items for him and he looks at my windshield (a rock impact from a couple of months ago had turned into a cracked windshield about 2 days before hand). He makes a mention of the broken windshield and says something to the effect of got you going 72 in a 45 (no indication as to how) he also said I cut off a black truck (perhaps the black pickup?) I did not really say anything back to him other then the common response "I did not think I was going that fast" which was no lie....

I sat there for 15 minutes and he returned with two tickets in hand one for a defective windshield (I had it replaced the next day) and another that cited me for Reckless Driving (46.2-852). I said "wow RD, is there anything that you can do to make the offense one that I don’t have to go to court for? or make it so its prepay able?" His response was "No not how you were driving"...then there was a moment of awkward silence...then he started to have me sign the tickets and give me the ticket information blah blah blah.
After I signed the tickets he says, "your driving is going to get someone killed", "Be careful pulling back out"...,I said thank you and we went our separate ways....

Ok so this is turning into the longest post ever so I will try and wrap it up (just wanted to paint a picture)...

So this is the situation, I have to go to court on March 21st...I have hired a lawyer (from a reputable office $1800). I completed a Driver improvement program (should give me +5 to my current driving balance of -4 for a total of +1)... I plan on wearing a suit and being respectful and in good appearance...

My current DMV record lists 4 convictions for a balance of -4 (2 speeding, 1 fail to obey highway sign, and 1 RD)

The RD happened when I was younger (19 at the time) back in 98...so it was about 6 and a half years ago...In that case I represented myself (basically bent over and grabbed my ankles and took on for the team)

So here I am mid-twenties, a good job, a gf of 9 years (I think of her as my wife)
I drive a sports car(love the car), and I have plans to go on a vacation with her on March 26th (bad timing for a RD charge). Needless to say this has been causing me major issues already and I have not even gone to court.

I know the charge, and the possible penalties (at least on a first time offense) and I am not looking to proclaim my innocence (will save that for court) but what I am wondering is the following

1. Stories of similar situations and the outcomes
2. Personal oppiniouns as to the severity of my punishment
3. If no plea can be reached and for whatever reason I am found guilty am I going to jail? How long can I expect to be in jail?

I cant eat, cant think straight, cant sleep, have been miserable for the last 2 weeks....I have searched the web (over a 1000 sites) and cant find a similar situation that provided an outcome....

So with that said any positive/negative responses are welcomed and appreciated… Thank you for your time.

Q: Stories of similar situations and the outcomes

A: There are thousands on this website; usually it is fine and costs.


Q: Personal oppiniouns as to the severity of my punishment

A: Speeding and reckless drivers cause deaths equivalent to ten World Trade Center bombings per year. So my opinion is 30 days in the county jail.


Q: If no plea can be reached...

A: I am not sure what you mean. There are only three pleas: guilty, not guilty, or no contest.


Q: and for whatever reason I am found guilty am I going to jail? How long can I expect to be in jail?

A: I doubt that you will go to jail but you should expect an enormous fine plus ungodly insurance rates for the next several years.

[Matymat]

Thank you for your thoughts.

Q: If no plea can be reached...

A: I am not sure what you mean. There are only three pleas: guilty, not guilty, or no contest.

What I mean by this is if the DA wont bargin a lesser charge and I am found Guilty of RD....



Anyone else out there have anything to add?

Originally Posted by Matymat

Thank you for your thoughts.

Q: If no plea can be reached...

A: I am not sure what you mean. There are only three pleas: guilty, not guilty, or no contest.

What I mean by this is if the DA wont bargin a lesser charge and I am found Guilty of RD....



Anyone else out there have anything to add?

Okay, gotcha.

Post back with results.

[Matymat]

You bet I will if I dont pass away from having a major panic attack first
Thanks Seniorjudge

Anyone else have any comments/thoughts, I am very interested in hearing them.

[fedcop110]

You stated that you know the penalties for Reckless driving (1st offense), the penalties are the same for the second offense. You are looking at a class 1 misdemeanor. You could get up to 12 months in jail and a $2500 fine. I suspect that you will have a Heavy fine, but probably no jail time. (not saying that you couldn't)

With a Defensive driving course it will be possible to modify your point balance to a +1, however that will not help you at all in court. The prosecutor will have a copy of your drivers transcript. It will show your 2 speeding, 1 fail to obey highway sign, and 1 reckless driving charge.

Fairfax county police work these areas everyday, they do about as much highway enforcement as the troopers. They know what they are doing. If the officer said you were driving reckless, I would bet that you were. (especially with your record)

Hope this helps

[Matymat]

Thank you Fedcop.

I will say this...I have not gone above 55 mphs since the ticket! I put on the cruise control and watch the hundreds of motorists go flying by, my commute home now takes about 20 minutes longer but I’m coping. I’m thinking about how I can give up driving altogether. I feel like a complete piece of crap. I kinda look at my driving as being more careless then reckless, I mean with the way the law is written it could be said that, anyone who disobeyed a speed limit was irrespective of the law. Anyone who changed lanes improperly could get a reckless however what does my opinion matter *sigh*... I hope I don’t go to jail I feel it would be a complete waste of taxpayer dollars not to mention a waste of my time. I feel if it comes down to it that I would be better suited doing some sort of community service as opposed to doing jail time at least that way I can be doing something positive for my community instead of clogging up the jail and rotting away doing nothing...I had thought I was done with the court system but, I guess I was dancing on the fine line of traffic and criminal court and just never imagined something like this happening and how it would affect me and the people around me.
Another thing that bothers me is how the law in my case is applied on a prevenative nature. Saying I was driving in a fashion that could cause harm or damage to others. I have only had one accident as a result of inexperience when I was 16 (10 years ago). In my case I am not a part of reckless driving statistics... My driving has NEVER hurt anyone (until now emotionally); I drive in a fashion as to stay away from other vehicles on the road if I can...

Sorry if I was rationalizing or trying to down play the significance of my actions but at this point until I go to court its all I can do to try and maintain a positive outlook.

The worst part is not knowing what’s going to happen. It may sound weird but at this point I actually want to go to court so I can try and put this behind me.

Can I ask you something...Are you a police officer...Have you been in court and dealt with a second time reckless driver? If so what happened...

If you were the ticketing officer what would you be thinking during the offense and at court?

Thanks again for replying back.

[Matymat]

Anyone else out there have comparable situations?

[fedcop110]

Can I ask you something...Are you a police officer

Yes, I am.

Have you been in court and dealt with a second time reckless driver? If so what happened...

Many times. Nine times out of ten times, there is a HEAVY fine imposed, but normally no jail time.

If you were the ticketing officer what would you be thinking during the offense and at court?

As the officer, it doesn't matter what I am thinking or how I feel. Having said that, personally I would think that you needed to slow down. You obviously have/had a driving problem. Two Reckless charges are nothing to joke around with. That is two class 1 misenmeanors for DRIVING. After looking at your drivers history I would hope that you were convicted.

Most of your last post sounds like you have learned your lesson, but there are parts of it that make me wonder.

Another thing that bothers me is how the law in my case is applied on a prevenative nature. Saying I was driving in a fashion that could cause harm or damage to others. I have only had one accident as a result of inexperience when I was 16 (10 years ago). In my case I am not a part of reckless driving statistics... My driving has NEVER hurt anyone (until now emotionally)

That is what I'm talking about. That section of your post makes me worry. You have no idea how many times that I have heard those same words after a major traffic accident. Don't get me wrong, it's great that you haven't physically hurt anyone yet (key word). I hope that you have learned your lesson.

Good Luck in court and slow down.

Originally Posted by Matymat

Anyone else out there have comparable situations?

I suspect you may be in for heavy duty driving school or something along those lines.

[Matymat]

Fedcop....you are right. I have learned my lesson. At least "9 out of 10 times no jail", Im praying!...as for my statement about not being a reckless driving satistic you are correct, it was in bad taste. I was tring to make light of a bad situation. Regardless to if I caused any accidents I do need to slow it down...Not that I think it matters but, I sold my car and now drive a 98 Ultima. At least the tool for speeding is no longer there, I hope it helps me go slower...

Thank you again for you thoughts and advice.

[Matymat]

Hello all,
I am just writing to give you a follow up on the outcome of court. I was facing my 2nd conviction of reckless driving (first back in 98).

The following is the outcome of my reckless driving ticket and what I did to get that outcome.

-I hired a lawyer. I recommend the BOSE Law firm (if you search the web for reckless driving you have seen their site). I paid a pretty penny but like most things in life you get what you pay for. Two lawyers from the law firm came to court. They were great helped me relax and made everything as pleasant as it could be under the circumstances!

-I got a haircut, shaved and wore a suit. If you don’t have a suit borrow one from a friend. IMO I think wearing a suit is very important.

-I took a driver improvement class for +5 points to be added to my -4 balance. My driving record reflected a +1 the day of court.

-I sold my Mustang GT 2001, and bought an Altima 98. (I did this in part because I thought it was a good idea as I felt like a good driver but was continually getting tickets, not just because of having to go to court)

Outcome......

$100 dollar fine + court fees (like $167 total)

Charges reduced to Improper driving (3 points), non-criminal

I did not say a single word in court, not one. I saw 1 person get taken to jail for driving on a suspended license (3rd time). I saw 3 reckless drivings (no lawyers) all were found guilty and given fines under $500 (but were found guilty and it will be on their record, 6 point infraction).

I was out of court by 10:15am. I was in front of a judge for about 8-15 seconds.

Just wanted you all to know the outcome. My personal advice to everyone is just drive a little slower it will save you more trouble then its worth...Good luck to everyone!