Reckless driving ticket for improper backing in VA???

[jminva]

What is the name of your state?What is the name of your state? VA

I live in a Townhome Community, which is considered private property (I just found out tonight). There is no parking allowed on yellow side road curbs, and the Homeowner Association states towing will be enforced for violaters. There are no street lights on our street, so it is very dark at night.

Tonight, I was backing out of my driveway with my 3 year-old son, looked both ways, and nothing was coming. All of the sudden I hear a bang, and pull right back into the driveway and get my son out of the car. I look, and there is a car parked on the small yellow curb right behind my driveway. My neighbor across the street and her friend, who owns that cars, came out. I had backed into her car. She called the police and I called my insurance company. The cop who came out gave me a ticket for Reckless Driving!!!!! He said that because we live on private property, the city police are only authorized to give tickets for DUI or Reckless Driving. He said that if I had been on a regular city street, the ticket would have only been for Improper Backing. But, because this was private property, he had no choice but to give me the Reckless Driving ticket!!! There was no damage to my Jeep Grand Cherokee and minimal damage to the rear driver tail light and bumper of the lady's Ford Focus. How can he do that???? I was in no way whatsoever Reckless Driving. I understand I am at fault for backing into this lady's car, but she was also at fault for being illegally parked, and she got nothing...she doesn't even have to appear in court.

I am 29 and have a completely clean driving record. The cop, who was very nice, told me that the charge will probably be dismissed when I go to court in a month since my driving record is clean and it was a minor accident with no injuries...the lady was not even in her car. He also said that I shouldn't worry about getting a lawyer for the same reasons. But, with a Reckless Driving charge, it is hard not to worry. Any advice or opinions...please??? Should I obtain a lawyer? Is it legal that I received a wreckless driving citation just because I live on private property, when someone who lives in a regular residential neighborhood would have only received a minor traffic citation???

[lwpat]

Go to court and request that the ticket be dismissed. If they don't dismiss or reduce then enter a plea of not guilty and get an attorney.

If the damage to her car was minimal you may want to pay fo it yourself rather than have it on your insurance as a loss. Did the officer fill out an accident report? If so then it may show on your MVR as an at fault accident along with anything that is entered by the court.

[jminva]

Thanks for the reply. When you say go to court, do you mean before my scheduled date to see if I can get the ticket dismissed or reduced? Or, do you mean just appear on my court date and request it to be dismissed? Excuse my ignorance on this, but thankfully I don't deal with these things very often. I am assuming that once I appear in court, I am going to have to plead Not Guilty right away, and then if the charges aren't reduced or dismissed, it would be too late to find an attorney.

[lwpat]

It depends on how your particular court operates. Some places you can go talk to the judge, others you can't. Normally it is better to appear on your court date and talk to the officer and get him to agree to drop the charges.

If you can prove that you have paid for the damages then that will usually help.

If not then you can always plead not guilty and they will set a new court date which will give you time to contact an attorney.