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Virginia Reckless Driving

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bguenth17

Junior Member
I am a Maryland driver, and was going to OBX on vacation, and received a 80/55 Reckless driving ticket in Chesapeake County VA. I am going to court tomorrow, and wanted to know if anyone had any tips for speaking with the prosecutor before the trial in hopes of getting a plea deal.

Facts from the Case:
-Have a clean 11 year driving record in hand to show to Judge/DA
-Was nice to cop, and cop seemed to be nice to me
-Pretty well spoken, and can keep my emotions in check when speaking
-Do not have a lawyer, I talked to a bunch, and did not like how everyone was a salesman, and told me how awful everything was going to be.
- A lawyer I talked to from a Northern County in VA told me he would not hire a lawyer and throw myself on “Mercy of the Court”, and if I do not like the outcome of the case I can hire a lawyer within 10 days to represent me in my appeal (he said he personally charges the same amount for an appeal, he said less BS in higher court)
-Work in finance, where my current job would not be impacted by a misdemeanor conviction, but I would like to have a clean record. I have spent 27 years being a good citizen, and would like to not have a criminal record for a temporary lapse in judgment/attentiveness.

Thanks everyone for your help, as I am getting nervous for tomorrow, and would really like tips on how to talk to the prosecutor before the trial starts tomorrow.
 


FlyingRon

Senior Member
You can try a pro se appearance in their court. Usually the commonwealth's attorney is available immediately before the session opens and you can see if he's willing to support a reduction to a non-criminal charge in favor of you taking traffic school and then take that to the judge. Sometimes the judge is willing to make an outright dismissal for those with clean records in favor of traffic school.

If you do not wish to travel, call a lawyer down in Chesapeake county and see what they can do for you. They know the local judges and in many counties they can appear for you and negotiate a similar dismissal/reduction. When my wife got caught on a similar situation down in Montgomery County (Christiansburg) it cost her $400 for the lawyer fee.

Yes, if you lose in GDC you can appeal and get a trial de novo (i.e., start over from scratch) in the circuit court.
 

antrc170

Member
In Virginia there are a few things you can do by yourself to have the summons dismised.

1. Officer must be in uniform and displaying badge of authority to issue radar summons. If he doesn't testify to that bring it to the courts attention and ask for disimissal.

2. Ask to see radar certifications. Must be no more than 6 mo old. If he can't produce, or they are expired, ask court to dismiss on the basis that the state can't provide satisfactory evidence that the radar was in calibration.

If the officer is well versed he will be prepared for these questions. I suggest pleading not guilty and letting the officer testify. If he does so covering everything, explain to the judge that you don't argue the facts of the stop but would like to testify on your own behalf. If you have a copy of your driver record present to the judge, if not, testify to whats on it. Ask the judge for the opportunity to attend driving school in lieu of convictions. Most VA courts will give you the opportunity to attend driver school to reduce the ticket to a basic speeding charge. Attend the school, and submit the certificate to the court to have it reduced. Good luck.
 

bguenth17

Junior Member
I wanted to give an update of the case.

It actually went very easily, they had everyone line up and when you got to the front, call your name. Then the officer would look you up and state your charge, then the judge asked your plea. I stated guilty, then I basically just asked for leniency and that I have the criminal aspect of the charge dropped, and showed my clean driving record. The judge then looked up at me and said how does a 70/55 and a $150 fine sound. I said that is great, then it was over.

I just want to let everyone know that if you have a clean driving record, do not fall for all of the con artists that call themselves lawyers. I can’t begin to tell you how scared I got when I started calling these people. They were telling me that I could go to jail, and that I could kiss my job goodbye if I was convicted of reckless driving. Then would then tell you that they needed $800 and that they could see what they could do. I found the whole process very skeethy, and think that all of the lawyers that send pamphlets to your house be investigated.

I am very lucky I talked to that one lawyer who was honest and told me that as long as the judge is acting normally that with my clean driving record and 80/55 that I should have no problem getting that down to a speeding ticket on my own. He also told me about the ace in the hole that if I get a verdict I do not agree with that I can always appeal and most lawyers would charge the same price.

I just want to let everyone on this mb know my story because it almost seems that some of the trashy lawyers that scared me for about 2 months are actually on this site responding to people saying they need a lawyer or face huge consequences. I saw 2 other people with reckless driving that got them down to simple speeding with no lawyers. I do not want someone to loose $1k, just to keep some lawyers pockets lined.

Thanks to everyone who helped out in the earlier posts
 

AndrewFlusche

Junior Member
I realize this is an old thread, but it asks important questions for future folks who may be in the situation.

There are two big issues with trying to talk with the prosecutor when you don't have a lawyer:

1. There may not be a prosecutor in your case. Surprisingly, some lawyers don't even know when prosecutors get involved in reckless driving cases. It depends greatly based on the local court, case loads, etc.

2. It can be difficult to talk with the prosecutor when you're representing yourself. They typically hang out in the back conference room where the lawyers and officers congregate. Simply getting access to them can be tough.

Finally, one tip for people who may be looking to talk with a lawyer for their reckless driving case: don't do what a non-local lawyer says. The original poster said that a lawyer from a "Northern County in VA" told him to represent himself at the first trial and consider an appeal. That could be extremely bad advice, since in some courts, the appeal is much tougher than the first trial.
 

Just Blue

Senior Member
AndrewFlusche Please do not advertise that you are an Attorney till you have been vetted by Admin. Also do not post to OLD dead threads.

Thanks
Blue
 

AndrewFlusche

Junior Member
AndrewFlusche Please do not advertise that you are an Attorney till you have been vetted by Admin. Also do not post to OLD dead threads.

Thanks
Blue
Ok, I was just trying to give some insight for any future viewers of this tread who find themselves in a similar circumstance. I also don't know how I could have known when I had been "vetted". Is there a notification as to when I'm allowed to disclose my profession?
 

quincy

Senior Member
Ok, I was just trying to give some insight for any future viewers of this tread who find themselves in a similar circumstance. I also don't know how I could have known when I had been "vetted". Is there a notification as to when I'm allowed to disclose my profession?
You can use the "contact us" feature at the bottom of the page to contact the administrators of this site. You will need to provide documentation that you are an attorney in order to say that you are an attorney.

That said, you are STILL not allowed to advertise yourself or your services or solicit clients on this forum. It is also not all that terrific of an idea to post your identifying information on a forum because, one, you may be contacted by those you prefer not to be contacted by (forums can attract trolls and spammers) and, two, your advice may be questioned and your professional reputation can be harmed as a result.

That is why the attorneys who DO post to this forum have user names and do not provide contact information. There ARE, however, places where your expertise as an attorney can be advertised and the administrators of this site can let you know how and where this is possible.

One additional note: Reviving old threads is frowned upon on this forum. The original poster is often long-gone and his/her legal concern resolved. We try to help people on this forum who have current concerns. Also, because laws change with some frequency over the years, what applied to a poster and his questions in 2010 may no longer apply in 2014. The old threads remain in the archives for reference purposes only or for the original poster to use as a way to provide an update.
 

Just Blue

Senior Member
Also the reason for the vetting is FA had a member who claimed to be an attorney ...he was not.
And he ran amok. :(
The advice given to someone who claimes special knowledge is viewed differently that a laypersons advice.

FA now vets all members who claim such knowledge.
 

FlyingRon

Senior Member
Andrew's experience may represent things down in Stafford/Frederciksburg, but he's wrong for many other jurisdictions in Virginia. Usually you have NO problem finding the CA. While there's typically NOT a CA actively prosecuting the case (unless the defendant brings an attorney himself), it's not hard to find the CA. Just ask where the CA is to the bailiff or just about any lawyer or cop standing around the court room. They'll direct you.
 

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