Reckless Driving due to Speed 80/55 Virginia

[Keezee]

One last thing!

Do you have any sugesstions on what I can have my fiance say to the commonwealth attourney that might help in getting the charge reduced?

 

[seniorjudge]

Q: Do you have any sugesstions on what I can have my fiance say to the commonwealth attourney that might help in getting the charge reduced?

A: Have her present her good points (as you have outlined above). Have her tell the prosecutor that she is unlikely to re-offend. Have her offer to plead to a non-moving violation. (This may cost her more in the short run but she would save time and money in the long run. For example, if she pleads guilty to a bad muffler and pays twice the fine that she would for a speeding ticket, then she will save on future increases in her insurance premium plus she will have no points on her license.)

Let me emphasize that each court and each prosecutor is different. You need to know how stuff works in the particular court she is going to. Visit beforehand.

 

[seniorjudge]

More advice from your arrogant, sarcastic, and bigoted (yet friendly) hillbilly, cranky judge:


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[Keezee]

Interesting... I didn't know you could do that. So have her offer to plead guilty to a non-moving violation and offer to pay double the fine?

That seems odd, but if you say it will help we will do it.

 

[seniorjudge]

Q: Interesting... I didn't know you could do that. So have her offer to plead guilty to a non-moving violation and offer to pay double the fine? That seems odd, but if you say it will help we will do it.

A: You can offer anything...as long as it's legal, moral, and won't cost the prosecutor votes!

 

[seniorjudge]

...
That seems odd, but if you say it will help we will do it.
....

The whole court system seems odd to me!

 

[Keezee]

Well you've certainly helped a lot, thanks yet again! Luckily my future wife is as sharp as a tack, she will look very nice, we don't smoke, and she is a very effective communicator! Common sense is an asset in the courtroom too? Go figure!

 

[seniorjudge]

...
Common sense is an asset in the courtroom too? Go figure!
....

I can give you the names of some lawyers (and a couple of disbarred lawyers) who wish they had never met me....

 

[Maestro64]

Not to complicate thing any further but you said reckless driving and 25 over in VA they now have civil penalties up to Thousands of $ as of July 1. If her ticket was after July 1 new laws went into affect in VA which may have tied the judges and prosecutor hands.

You might want to read this

washingtonpost.com/wp-dyn/content/article/2007/08/11/AR2007081101352_pf.html

This is not the only person who has gotten caught, lots of people are being caught up in this. In the past you could have plead something down the new law will not allow it.

This can become very serious now in VA, and mostly because her ticket say "reckless driving" with those simple words many options that others have pointed out to you may not be afforded to her.

Seriously, you need to get a lawyer because this could cost you lots more than what the lawyer will cost you. Remember she is 20, and insurance companies check younger people's DMV records all the time for tickets so it could cost her thousands of $ more if your not successful in pleading the ticket down.

 

[Keezee]

It was before the new law thankfully. How does that affect the ability to plea it down though? Are the judges hands tied on charges ISSUED on or after the date of the new laws or is it simply that the judges no longer have the ability to plea bargain RD issues starting on this date regardless of whether or not it was issued before or after the date of the new law. This will make a big difference.

Thanks!

 

[Maestro64]

My understanding is once someone has been classified as a "reckless driver" or "repeat offender," certain minimums kick in which the judge must enforce.

This is all speculation since most of this is still working its way through the courts, but if you got a speeding ticket the DA/Prosecutor could plead you down to a lesser speed or a non-moving offense and you pay your fine and on your way with no points on your record. Now if you get a speeding ticket and it says "reckless driving" and I think those words are automatic once you're 24 MPH over the limit you fall into the new law.

This could be the reason the court was telling you to get a lawyer since she could be fined lots of $, lose her license, and her insurance will most likely go up. It is my understand it is a function of the date of the ticket not the hearing date. But the people you were talking to might not know that.

Just so you know, the state representative who drove this law into existence owns a law firm who does Traffic cases, so if you do not like this vote the guy (David Albo) out of office.

 

[Keezee]

Thanks for the insight! Would the local clerk of court be able to give me details about this?

 

[Maestro64]

Thanks for the insight! Would the local clerk of court be able to give me details about this?

I would hope they would, but I suspect this is all new so it may not be clear right now.

I also hope you know you could fight this ticket and win. She my not have been going 80, there is lots of room for error in the radar and laser systems they use for measuring speed.

 

[Keezee]

The answer is no... I called and no one could answer me because they aren’t able to discuss legal matters on the phone. I tried to call a place called The Blue Ridge Legal Service/Legal Aid Society but of course because my fiancé isn't poor enough so we cant get legal advice there either... Only the lowest of the low may apply! It's just ironic that we are only doing things on our own because we can't afford a lawyer and yet we can't get anywhere without our wallets... catch-22? I don't expect the government to take care of my every need (thank god) but at least be fair...

I'm just going to call a lawyer I spoke with recently who was really nice over the phone.

I'll keep anyone who cares posted.

(If you know, please post!)

EDIT: As for fighting it, it would be much easier to plea bargain it down I think. We'd probably have a better chance. She was paced though and she says she thought she was only going 75 but who knows.

 

[FlyingRon]

There is ZERO chance of getting a 15-over ticket wiped out or changed to a non-moving violation in most jurisdictions. As I said, a driver school and either a non-reckless speeding or careless driving is what will be most likely available. Even then it's at the discretion of the CA and the court.