Reckless Driving Virginia Court Summons

[sm1981]

What is the name of your state? VIRGINIA

Hello all,

I moved to VA one month back and bought my first car. I am also a recent college graduate.

I have been summoned to court in a reckless driving offence. I was going on 80mph on a road with a 45mph speed limit. I realize this is a serious offence and am feeling pretty stupid about it.

Can anyone tell me what to do in this scenario. I have a clean driving record, no other violations and was not quite aware that VA had such strict speed limits. How many points does this mean on my driving record? Do I need a lawyer for the court summons? What would be the best way to deal with this?

Please help. Thanks.

 

[poeto]

I would get a lawyer. Reckless driving is serious charge in VA. At 80 MPH - you may be able to plea it down to improper-driving or simple speeding. But a lawyer would be best suited to do this. Find one near the court house in whatever county this occurred in.

If you are over 85 MPH - my personal experience says that you have no chance for reduction of charge. But at 80 MPH you have some negoc room.

Good luck and please update the forum on the outcome.

What is the name of your state? VIRGINIA

Hello all,

I moved to VA one month back and bought my first car. I am also a recent college graduate.

I have been summoned to court in a reckless driving offence. I was going on 80mph on a road with a 45mph speed limit. I realize this is a serious offence and am feeling pretty stupid about it.

Can anyone tell me what to do in this scenario. I have a clean driving record, no other violations and was not quite aware that VA had such strict speed limits. How many points does this mean on my driving record? Do I need a lawyer for the court summons? What would be the best way to deal with this?

Please help. Thanks.

 

[sukharev]

not sure if it's hopeless

a couple of thoughts:

1) the officer may not show up
2) if he does, you may be able to request continuance during the trial, if you used discovery and prosecutor did not share all documents you requested (like lidar operator manual). Next time cop may not be there
3) therefore - use discovery (look it up on the web, and specifics of VA). Request lidar calibration and testing logs
4) look up speed limit laws, and why this road had 45 mph limit (see other posts on default speed limits). If in fact the speed limit should have been 55 mph, you are in much better shape.
5) what about judicial notice for lidar? See if this court has ever taken one

and so on...

Using a lawyer is not likely to get you that far, not for a few hundred bucks anyway. Last time I used a lawyer I completely wasted money and was found guilty - got it reversed myself on appeal. Sorry if I offended anyone here with that comment, nothing personal, just fact of life. Good lawyers cost lots of money and are hard to find, and especially are rare in this field of law.

Hope you learned your lesson to slow down, though.

 

[Alez]

Re

Reckless driving and DUI or DWI offenses are separate crimes. Reckless driving isn't a lesser-included offense of DUI or DWI because each crime is separate and distinct and can be proved by different evidence. Reckless driving involves how a vehicle was being operated; it isn't necessary to show that the driver used drugs or alcohol to prove a violation of a reckless driving law. In a prosecution for DUI or DWI, on the other hand, how the vehicle was being operated might tend to show that the driver was impaired, but it's not a necessary ingredient of the offense.
DUI Lawyers

 

[FlyingRon]

Who said anything about DUI?

Let me point out what others haven't.
Reckless driving is a MISDEMEANOR, a criminal charge. Some judges might be inclined to give you a few days in jail!
You do not want this on your record.

As pointed out you need a lawyer in the COUNTY in which you are charged. There's a whole lot of variability between counties. What will fly down in let's say Montgomery county (Christiansburg) is a whole lot different than what will happen up here in Fairfax or Loudoun.

It is quite possible if you have an otherwise clean record that they'll plea down (in Northern Virginia) or outright dismiss, if you take one of the driver improvement courses. This however is not automatic and needs to be approved by the judge (and in many cases, by the Commonwealth's attorney).

Sukharev's advice might fly in California, but it's by and large useless in Virginia.

 

[Maestro64]

As flyingron pointed out, you do not want to mess around with this ticket yourself in VA. VA has taken this stuff very seriously and depending on the judge you could end up in jail at the end of your hearing.

You need a lawyer no matter what, otherwise, this could be very costly for you in the long run. VA is not joking around that is for sure.

 

[HighwayMan]

The case has already been decided - this thread is 5 years old.

 

[patstew]

The case has already been decided - this thread is 5 years old.

There's a lot of that going around lately. Must be the full moon.