Speeding Reckless Driving-Teenager/Learners - Culpepper, VA

[ktMine]

What is the name of your state (only U.S. law)? VA

My teenage daughter (with a learners permit) was driving us back to Fairfax VA on Rt 29 and got a speeding ticket in the Culpepper, VA area. The state trooper was real nice, but... wrote her up for like... 92 in a 60mph zone, something like that. Definitely OVER 20mph over the speed limit. Definitely for reckless driving.

He didn't say anything about needing a lawyer for this... But from what i've read here, it looks like we need one? He did say he had no idea how they would handle it with her having only a learner's. If we go in without a lawyer, will they give us time to get one? Paying for one is going to be tough, but i know they won't appoint one.

at any rate, any experience, info, advice, whatever is appreciated. thanks!

[Maestro64]

Knowing how tough VA is today on speeding, I am betting she will be sidelined to she is 18. You need to look into what VA says about provisional or new drivers and tickets. Some state pass laws that any infraction that anyone under 18 get is automatic suspension of the license for a period of time.

A lawyer might help, but unless you can show she was not speeding VA is not going to look kindly on her.

I know a number of people are going to jump on this, but why did you let her drive that fast... Especially in VA where they are ****s about speeding and the such.

[HomeGuru]

Originally Posted by ktMine

What is the name of your state (only U.S. law)? VA

My teenage daughter (with a learners permit) was driving us back to Fairfax VA on Rt 29 and got a speeding ticket in the Culpepper, VA area. The state trooper was real nice, but... wrote her up for like... 92 in a 60mph zone, something like that. Definitely OVER 20mph over the speed limit. Definitely for reckless driving.

He didn't say anything about needing a lawyer for this... But from what i've read here, it looks like we need one? He did say he had no idea how they would handle it with her having only a learner's. If we go in without a lawyer, will they give us time to get one? Paying for one is going to be tough, but i know they won't appoint one.

at any rate, any experience, info, advice, whatever is appreciated. thanks!

**A: I have to ask, why did you allow her to speed?

[Maestro64]

This is specific to a person 19 and younger and has their license

[url]https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-334.01[/url]

Also, here are the new fines

[url]http://www.charlottesvillenewsplex.tv/home/misc/8189022.html[/url]

and if you scroll down, this is what she is looking at

•RD - SPEED 20/MORE ABOVE SPEED LIMIT - FELONY (C)5 $1,000 Felony

On that alone, you're probably looking at a lawyer, and it will not free since your her legal guardian and they will look at your ability to pay not her's.

[FlyingRon]

CULPEPER!

She definitely going to need a lawyer. While you might get a deal with the commonwealth's attorney, I'd not bank on it. 81 she might, but 92? You're getting darn close to where they will throw you in jail for a few days up in Loudoun.

Maestro, reckless is a class 1 misdemeanor. It only gets elevated to a felony if you license has been revoked/suspended for another offense AND you cause a death as a result. Class 1 misdemeanor is good for up to 12 months or $2500.

A good lawyer may get the misdemeanor reduced to a lesser infraction (civil speeding or careless driving) on the provision of VADIP participation.
You don't want the misdemeanor on her record if you can avoid it.

[colourfastt]

Originally Posted by FlyingRon

CULPEPER!

A good lawyer may get the misdemeanor reduced to a lesser infraction (civil speeding or careless driving) on the provision of VADIP participation.
You don't want the misdemeanor on her record if you can avoid it.

You definitely want a lawyer on this, there's a good chance he'll be able to get the reckless charge reduced; otherwise the line on job applications where she's asked 'have you ever been convicted of a crime' will have to be answered YES.

[ktMine]

It wasn't 9x... it was 84mph. I don't know what i was thinking. but that is still 24 over the speed limit.

i didn't realize she was going so fast at that moment. i know, my fault anyway. i can explain, but there are no excuses, so i won't.

[ktMine]

Originally Posted by FlyingRon

CULPEPER!

She definitely going to need a lawyer. While you might get a deal with the commonwealth's attorney, I'd not bank on it. 81 she might, but 92? You're getting darn close to where they will throw you in jail for a few days up in Loudoun.

Maestro, reckless is a class 1 misdemeanor. It only gets elevated to a felony if you license has been revoked/suspended for another offense AND you cause a death as a result. Class 1 misdemeanor is good for up to 12 months or $2500.

A good lawyer may get the misdemeanor reduced to a lesser infraction (civil speeding or careless driving) on the provision of VADIP participation.
You don't want the misdemeanor on her record if you can avoid it.

Well, thank God for small favors. A felony would just be.. life wrecking. She is 16 1/2 and (since the ticket) just took her Behind the Wheel.

Thanks to all of you for all your help/info!!

I have a few more questions.

This is my first time on this forum and I didn't see anything in the terms of use about asking for lawyer recommendations, but if i'm out of line, please let me know.

1. Does anyone know a good (but hopefully not too expensive) lawyer who practices in Culpepper? or can represent us there? and can maybe get it reduced?

2. Since I've corrected my original mis-statement - how bad is 84 in a 60?

3. Do we have to have a lawyer before we go to court on the summons date? if we don't does that mean we don't get one at all?

4. Never having had lawyer troubles I have no idea what this would cost. Anyone got any guesstimates?

5. Will the misdemeanor (assuming it doesn't get reduced) be on her permanent record?

btw - all the job apps i've seen lately ask if you've ever been convicted of a felony. So I would assume that if you've been convicted of only (only, ha!) a misdemeanor, you could answer No. Right? I'm sure for some jobs or clearances, etc. they ask about ANY crime, so a misdemeanor is something we'd of course like to avoid.

[FlyingRon]

1. Does anyone know a good (but hopefully not too expensive) lawyer who practices in Culpepper? or can represent us there? and can maybe get it reduced?

This one isn't rocket science. Use the phone book or google or call the county bar association for a referral

2. Since I've corrected my original mis-statement - how bad is 84 in a 60?

If she pleads guilty/no-contest she'll get a misdemeanor conviction which will be bad no matter what the sanctions are. You need to get this reduced. The closer to 80 you get the more likely they will give you a sweet deal.

3. Do we have to have a lawyer before we go to court on the summons date? if we don't does that mean we don't get one at all?

That would be best. While you can continue it at your initial date to get counsel, it ticks the judges off a little. Get a lawyer lined up first. Depending on the court, you may not even have to appear.

4. Never having had lawyer troubles I have no idea what this would cost. Anyone got any guesstimates?

Well, this one I can answer. My wife just got an 81 in a 65 down near Christiansburg. The lawyer cost us $400 but it got her not only out of the conviction but having to even get down there to appear.

5. Will the misdemeanor (assuming it doesn't get reduced) be on her permanent record?

Absolutely. It will be forever. No expungement of convictions here in the commonwealth.

[ktMine]

Originally Posted by FlyingRon

This one isn't rocket science. Use the phone book or google or call the county bar association for a referral

I guess you're saying this is regular stuff that any lawyer who passed the bar should be able to handle competently. (sorry, i just like things spelled out)

Originally Posted by FlyingRon

Well, this one I can answer. My wife just got an 81 in a 65 down near Christiansburg. The lawyer cost us $400 but it got her not only out of the conviction but having to even get down there to appear.

Whew! that's not bad. thanks!

Originally Posted by FlyingRon

Absolutely. It will be forever. No expungement of convictions here in the commonwealth.

But she's a minor... I thought criminal stuff (isn't a misdemeanor criminal?) that happened as a minor is sealed or gone or somehow doesn't follow you into adulthood unless you're tried as an adult or whatever...?