Reckless Driving questions

[wantsadvice]

What is the name of your state (only U.S. law)? Virginia, New Kent county

I have multiple questions, I'll explain what happened too.

At night while traveling home on the highway from work, (my total trip time from work to home is 1 hour and 15 minutes and over 90% of the trip is highway) I suffered what was either a case of highway hypnosis, or a concentration/attention issue (which I have actually been diagnosed very recently of having ADD) where while traveling in the left lane on the highway during the 1-2 seconds this occured I veered into the right lane and struck the back left wheel of a tractor trailer. I ended up being total loss mainly because car wasnt worth much. The truck only had to change the tire of the wheel I struck. There are no issues with Insurance or other related issues, my questions only pertain to the court related things that stemmed from the reckless driving ticket I received from the officer.

The officer asked me why/how did I hit the guy and I couldnt answer the cop because at that time I was in shock and I wasnt completely sure how it happened, I simply remember paying attention to the road and next thing I know I have slammed into the rear of a truck but the angle I struck him was from the side not from behind. I was able to pull over to the left side of the road, the truck ended up being on the right side (both shoulders).

On the ticket and because of the shock I had been in when the cop gave me the ticket I remembered that the court date was November 13th. The form has "20" already filled out and the cop put the "13" next to it for the year so I remembered Nov 13th as my date. It actually ended up being November 12th, the 13 by the year threw me off.

I was more than prepared to show up to court and represent myself and present my case citing I wasnt doing anything that would purposely cause me to lose focus on the road, some examples are picking something off the car floor of the seat next to me, changing cd in the car, texting while driving, etc... I was also going to see if using my ADD diagnoses paired with highway hypnosis could help me lower the charge since I wasnt being purposefully reckless. I got diagnosed after the accident and before Nov. 12th. I had not experienced highway hypnosis symptoms on that night prior to the accident so I had no idea it was going to happen, if I had had the symptoms I wouldve pulled over and done some in place exercising to warm me up and to cause the constant image my brain was seeing of the road that helps cause highway hypnosis to subside.

Since I obviously missed my court date because I misremembered the date on the ticket, I filed an appeal and have a new date in January.

In my absentia they found me guilty of the lowest possible amount they can fine for for reckless which was $250(not including court costs) and it wouldve carried a 30 day license suspension too.


My questions: In my appeal hearing will the judge ask me why I was absent for the 1st court date?

If he does, will my recent diagnoses of ADD help in my defense of misremembering the date/time added on to the fact I was in shock at the time of the accident?

If he doesnt ask me about being absent the 1st time, do I treat this court hearing as if it was my 1st hearing and present all the info I have available to try for a lesser sentence or a possibility of suspending the sentence for 6 months or a year and if I get no more traffic convictions in that time frame it wont go on my record at all?

I had received a suggestion to take a defensive driving course to bring proof of completion on my new date, will me taking this course after my 1st missed court date be valid at all, or should I do it anyway to make it look nice to judge anyway?

If they cannot or will not relent in lowering it to an improper driving or holding it for 6 months or a year and dismissing afterwards for good behavior, can I tell the judge I cannot afford to lose my license since I commute over an hour to work, especially since I wasnt doing something purposefully reckless?

In my 12 years holding a license, I have never gotten convicted or summoned to court for reckless driving that was a result of an accident where I was at fault.

Thanks for all help.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Virginia, New Kent county

I have multiple questions, I'll explain what happened too.

At night while traveling home on the highway from work, (my total trip time from work to home is 1 hour and 15 minutes and over 90% of the trip is highway) I suffered what was either a case of highway hypnosis, or a concentration/attention issue (which I have actually been diagnosed very recently of having ADD) where while traveling in the left lane on the highway during the 1-2 seconds this occured I veered into the right lane and struck the back left wheel of a tractor trailer. I ended up being total loss mainly because car wasnt worth much. The truck only had to change the tire of the wheel I struck. There are no issues with Insurance or other related issues, my questions only pertain to the court related things that stemmed from the reckless driving ticket I received from the officer.

The officer asked me why/how did I hit the guy and I couldnt answer the cop because at that time I was in shock and I wasnt completely sure how it happened, I simply remember paying attention to the road and next thing I know I have slammed into the rear of a truck but the angle I struck him was from the side not from behind. I was able to pull over to the left side of the road, the truck ended up being on the right side (both shoulders).

On the ticket and because of the shock I had been in when the cop gave me the ticket I remembered that the court date was November 13th. The form has "20" already filled out and the cop put the "13" next to it for the year so I remembered Nov 13th as my date. It actually ended up being November 12th, the 13 by the year threw me off.

I was more than prepared to show up to court and represent myself and present my case citing I wasnt doing anything that would purposely cause me to lose focus on the road, some examples are picking something off the car floor of the seat next to me, changing cd in the car, texting while driving, etc... I was also going to see if using my ADD diagnoses paired with highway hypnosis could help me lower the charge since I wasnt being purposefully reckless. I got diagnosed after the accident and before Nov. 12th. I had not experienced highway hypnosis symptoms on that night prior to the accident so I had no idea it was going to happen, if I had had the symptoms I wouldve pulled over and done some in place exercising to warm me up and to cause the constant image my brain was seeing of the road that helps cause highway hypnosis to subside.

Since I obviously missed my court date because I misremembered the date on the ticket, I filed an appeal and have a new date in January.

In my absentia they found me guilty of the lowest possible amount they can fine for for reckless which was $250(not including court costs) and it wouldve carried a 30 day license suspension too.


My questions: In my appeal hearing will the judge ask me why I was absent for the 1st court date?

If he does, will my recent diagnoses of ADD help in my defense of misremembering the date/time added on to the fact I was in shock at the time of the accident?

If he doesnt ask me about being absent the 1st time, do I treat this court hearing as if it was my 1st hearing and present all the info I have available to try for a lesser sentence or a possibility of suspending the sentence for 6 months or a year and if I get no more traffic convictions in that time frame it wont go on my record at all?

I had received a suggestion to take a defensive driving course to bring proof of completion on my new date, will me taking this course after my 1st missed court date be valid at all, or should I do it anyway to make it look nice to judge anyway?

If they cannot or will not relent in lowering it to an improper driving or holding it for 6 months or a year and dismissing afterwards for good behavior, can I tell the judge I cannot afford to lose my license since I commute over an hour to work, especially since I wasnt doing something purposefully reckless?

In my 12 years holding a license, I have never gotten convicted or summoned to court for reckless driving that was a result of an accident where I was at fault.

Thanks for all help.

If ADD is that bad, you shouldn't be driving at all. Not at all. You are a danger to everyone. And highway hypnosis? That is not a defense. It just proves that you were not operating your car properly. You were failing to be cognizant during the whole trip while you are driving. YOU were being reckless. And suspending the sentence does NOT mean it won't appear on your record. It will appear but you won't serve time.

 

[OHRoadwarrior]

Going to court and claiming you are medically unfit to operate a vehicle will likely get your license yanked. It will not get your ticket reduced. Further, the tire you damaged on the semi probably billed out to over $1k after road service charges.

 

[FlyingRon]

With RECKLESS you really should have consulted a lawyer and not relied on memory. You missed your PRIME opportunity to get this resolved as a NON CRIMINAL violation by blowing off your appearance in General District Court. Unless you were lucky to prevail upon them to reschedule you in GDC which I suspect you did not because you're calling it an "appeal", what you're now seeing is a de novo hearing in Circuit court. Circuit courts are not the "informal" place that GDC is (and if you screw up a circuit appearance, you'll not get any more do over's. Appeals there are only if there was some rule of law that was violated).

I strongly recommend a lawyer if you are appearing in circuit court. Even though the CA in the New Kent was willing to waive jail time in your first trial (not uncommon in the speed trap jurisdictions), it may be back on the table again. Furher, it will be harder for you to wrangle a pro per reduction to careless driving.

The judge doesn't care (or perhaps even know) that you didn't appear in the first GDC date. Anybody can request a de novo hearing from their GDC case if they want (and ask promptly). It's "de novo" (i.e., from the start). Your case begins again (most likely with the officer and the poor unfortunate you slammed into subpoenaed as a witness).

There's no specific indication (even in GDC) that a VADIP course will help you. You need a lawyer familiar with the court in which you appear to tell you the best strategy. The courts are different all over the state.

When you are found reckless, you can be GUARANTEED of losing your license for six months. After two months you MAY be eligible for an occupational license. However, if you go in there shooting your mouth off like you are here, you can count on a more permanent suspension/revocation.

Highway hypnosis, medical deficiencies, or even just being tired and falling asleep all fit within the realm of RECKLESS DRIVING. My daughter had one of her best friends KILLED by a driver like you who fell asleep and plowed into the back of his car at a stop light. You should see a doctor and determine if you really ought to be out spilling blood on the highway.

 

[Zigner]

In my 12 years holding a license, I have never gotten convicted or summoned to court for reckless driving that was a result of an accident where I was at fault.

You sure put a lot of conditions in there. How many citations and accidents DO you have in your 12 years holding a license?

 

[wantsadvice]

With RECKLESS you really should have consulted a lawyer and not relied on memory. You missed your PRIME opportunity to get this resolved as a NON CRIMINAL violation by blowing off your appearance in General District Court. Unless you were lucky to prevail upon them to reschedule you in GDC which I suspect you did not because you're calling it an "appeal", what you're now seeing is a de novo hearing in Circuit court. Circuit courts are not the "informal" place that GDC is (and if you screw up a circuit appearance, you'll not get any more do over's. Appeals there are only if there was some rule of law that was violated).

I strongly recommend a lawyer if you are appearing in circuit court. Even though the CA in the New Kent was willing to waive jail time in your first trial (not uncommon in the speed trap jurisdictions), it may be back on the table again. Furher, it will be harder for you to wrangle a pro per reduction to careless driving.

The judge doesn't care (or perhaps even know) that you didn't appear in the first GDC date. Anybody can request a de novo hearing from their GDC case if they want (and ask promptly). It's "de novo" (i.e., from the start). Your case begins again (most likely with the officer and the poor unfortunate you slammed into subpoenaed as a witness).

There's no specific indication (even in GDC) that a VADIP course will help you. You need a lawyer familiar with the court in which you appear to tell you the best strategy. The courts are different all over the state.

When you are found reckless, you can be GUARANTEED of losing your license for six months. After two months you MAY be eligible for an occupational license. However, if you go in there shooting your mouth off like you are here, you can count on a more permanent suspension/revocation.

Highway hypnosis, medical deficiencies, or even just being tired and falling asleep all fit within the realm of RECKLESS DRIVING. My daughter had one of her best friends KILLED by a driver like you who fell asleep and plowed into the back of his car at a stop light. You should see a doctor and determine if you really ought to be out spilling blood on the highway.

I was expecting these kinds of responses and I have some things to say about them.

First of all, there's millions of people in this country with ADD or ADHD and they can drive just fine, most of them are prescribed Ritalin or Adderall, so telling a judge I have ADD or ADHD will not hurt me at all.

Highway Hypnosis CAN happen to ANYONE, therefore ANYONE getting into a vehicle is a potential hazard for the road, so that argument is invalid. I suggest you research exactly what highway hypnosis is and how/why it happens. It has NOTHING to do with lack of sleep or making some otherwise bad choices before stepping into the vehicle or during the trip.

In 12 years of driving I have ONE incident that I am mostly certain was caused by highway hypnosis, I am not 100% sure the fact I have ADD helped to contribute to the incident or not. To deem someone a danger and to set them up for other failures (losing their job because they cant drive to work) for ONE incident in 12 years that has medical documentation is ludacris. The law or laws in general are designed to deter bad behaviour(s), thats why certain laws have certain punishments, and lots of offenses carry ranges of punishments because the law that gets "potentially" broken could be minor or severe (reckless driving in VA can have a fine of $250 all the way up to $2500 as an example), I mean that's why I go to court, and I'm not just handed a punishment right away, among other reasons too.

Also, lots of additional stuff got added by you specifically, that I never mentioned. I'm not going to jail over this, the sentence I'm appealing was for the lowest possible amount I could be fined for legally, and a THIRTY day license suspension that wouldve started in December if I hadnt appealed, AND this was done in my absence, for being absent, that's relatively light. Me being able to actually explain what exactly occured that day in court can only improve my chances based on my consultations with a lawyer that has done traffic cases in New Kent.

I came here to simply seek other/additional advice, but a lot of what's been said is like I'm some texter while driving maniac and I shouldnt be on the road.

I didn't "spill any blood," we can't talk about what "could've" happened, only about what actually happened.

The truck driver was not subpoenaed in the date I missed.

Falling asleep on the road due to lack of sleep is a controlled event before you step in a vehicle you know if you havent gotten enough sleep before you drive. The definition of highway hypnosis is different from that, so that example isnt valid.

So now that you are fully aware of everything and we have invalidated some of these responses, maybe some actual helpful/constructive info can be given to my OP and not the venom I have seen.

I appreciate all responses, but I had to chime in to the responses that are way out of proportion and dont apply to me.

 

[Zigner]

As a father of 3 children with ADHD, I take offense at your attempts to justify this by blaming it on ADHD. Really.

 

[wantsadvice]

As a father of 3 children with ADHD, I take offense at your attempts to justify this by blaming it on ADHD. Really.

I don't know if it caused it at all, I'm not a neuropsychologist. However the definition in highway hypnosis says that the brain seeing the same constant image, long straight highway driving, causes the brain to settle into a state similar to presleep. ADD is attention and focus issues, I said it could be possible that someone like me in that situation without any prescribed medication to hieghten my awareness like adderall can and highway hypnosis could POSSIBLY have influenced the lack of focus with the presleep condition. I am not a doctor and I'm not saying that it caused it at all. Also ADD isnt something you just get 1 day, you are pretty much born with it, I have lived my life with it until now without medications, but it was difficult in lots of cases in my life to cope and I regret not getting tested sooner. I talked to my doctor about my accident and he recommended I get tested and I did indeed get diagnosed, I took a lot of tests at a neuropsychologists office. I still completely lean towards it being highway hypnosis, wrong place wrong time type of thing.

 

[FlyingRon]

They no longer subpoena victims to the initial GDC appearance. They do so only if the defendant pleads not guilty. You can whine and weasel all you want, blaming highway hypnosis, ADHD, or having a note from your mommy is NOT going to be a defense to reckless driving.

 

[OHRoadwarrior]

As a father of 3 children with ADHD, I take offense at your attempts to justify this by blaming it on ADHD. Really.

I find the reference proper as the step father of an adult having these issues. Having paid for her ripping off the front corner of one car on my house and destroying 2 tires, a rim and a control arm on a curb on another in short order. I made the decision for her that she needed to stop driving for a few years to determine if she can get better control on the problems. That does not change my answer that OP can lose their license over such a claim.

In fact I made it a part of a plea bargain for one PA resident that the police have his license revoked after he started ramming my vehicle from behind, attempted to shove us into an intersection, then drove through a red light to turn around in the intersection and come back to ram us from the front. I jumped out of the vehicle to bait him into coming after me and only sideswiping the vehicle. His issue was Aspergers.