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virginia reckless driving speed

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utterly

Junior Member
What is the name of your state (only U.S. law)? north carolina.
My husband got a reckless driving for speeding ticket in Virginia. We live in NC. Could he go to court on his own and reduce the charge? He drives alot for his job and we don't have the money for a lawyer. He has gotten one or two lesser speeding tickets from NC in the last few years. The officer checked a box stating he can waive his presence in court and pay over the phone or send in payment. He would have to drive hours to get the court if he were to appear. We are just not sure what to do!! What would be the best course of action? Also, what happens with auto insurance? Please help.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


asiny

Senior Member
What is the name of your state (only U.S. law)? north carolina.
My husband got a reckless driving for speeding ticket in Virginia. We live in NC. Could he go to court on his own and reduce the charge? He drives alot for his job and we don't have the money for a lawyer. He has gotten one or two lesser speeding tickets from NC in the last few years. The officer checked a box stating he can waive his presence in court and pay over the phone or send in payment. He would have to drive hours to get the court if he were to appear. We are just not sure what to do!! What would be the best course of action? Also, what happens with auto insurance? Please help.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Is there a specific citation number on the ticket?
What did the officer say to him during the stop?
When is the court appearance date on the ticket?

If you pay - that means he pleas guilty to the charge. If he drives for a living it could turn up on his abstract and, if his employer requires clean driving records, it could have an adverse reaction.
 

FlyingRon

Senior Member
Reckless Driving (46.2-862) in Virginia is a serious charge. It's a misdemeanor and unless the CA is willing to waive it, you have the risk of jail time (which appears you were cited in one of the speed trap jurisdictions that will allow you to waive it).

As for what the judge and the CA will allow you to plead down to varies between court to court and how fast you were going. A local lawyer will generally know what will fly in the particular GDC in which you will appear. The lawyer can handle your appearance so you do not have to be there.

My personal opinion: YOU DO NOT WANT THIS ON YOUR RECORD. Get a lawyer and do driving school or whatever they want to defer/reduce it.
 
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Dillon

Senior Member
What is the name of your state (only U.S. law)? north carolina.
My husband got a reckless driving for speeding ticket in Virginia. We live in NC. Could he go to court on his own and reduce the charge? He drives alot for his job and we don't have the money for a lawyer. He has gotten one or two lesser speeding tickets from NC in the last few years. The officer checked a box stating he can waive his presence in court and pay over the phone or send in payment. He would have to drive hours to get the court if he were to appear. We are just not sure what to do!! What would be the best course of action? Also, what happens with auto insurance? Please help.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Tell the judge you'd like a lawyer appointed for you, as you can't afford one for a full trial by jury, per the US constitution.

If the state is going to make you pay, you should a least get a free lawyer and full trial by jury for your appearance.
 
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FlyingRon

Senior Member
Tell the judge you'd like a lawyer appointed for you, as you can't afford one for a full trial by jury, per the US constitution.

If the state is going to make you pay, you should a least get a free lawyer and full trial by jury for your appearance.
You're not going to get either if the CA has waived the jail possibility. The fact that they will allow trial in absentia means they will have at least at this point. Of course, that may be back on the table if you go to court. You can ask for a public defender, but it may not be available to you. Same as with a jury trial.

Dillon has never been to VA and has some very odd ideas how the criminal justice system works. There are several good reasons to NOT request a jury trial. First off, there are no jury trials in the GDC you have been summuns to.
If you ask for a jury trial, you'd be rescheduled in the district court. You can then request your public defender there, but you're options for negotiation decline at that point as do your appeal options (if you lose in GDC you have the option to be heard de novo in district court. If you lose in district court, you'll need a lawyer to come up with some rule of law as to why the case should even be heard on appeal).

As I said, at least TALK TO a lawyer in the jurisdiction you're cited. They can tell you how much they will cost and what they can do for you. It ran about $400 for my wife to get hers taken care of when she had the same charge down in Christiansburg. Saved her trucking down to appear and with a 8 hour traffic school she got off completely. However, courts vary in Virginia.

You can try contacting the CA directly to see if he's willing to deal.
 

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