Reckless Driving due to Speed 80/55 Virginia

[Keezee]

She is meeting with the commonwealth attourney and is going to try to have it reduced to regular speeding, that would be fine because wouldnt the DIP class counterbalance the 3 points on her license? If that doesn't work she will try to plea bargain with the judge/prosecuter...

 

[Maestro64]

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.

States like PA and VA do plead down even 15 over tickets all the time as matter of course. Mostly to 5 over and no points, but if your persistent and did not give the officer a hard time you can get it down to failure to comply with a traffic control device.

I just fought a ticket and won, and it was 17 over and they want to plead me down to 5 over and no points even before I step in the court I refused since I knew I had a good case, but they didn't know that.

 

[Maestro64]

She is meeting with the commonwealth attourney and is going to try to have it reduced to regular speeding, that would be fine because wouldnt the DIP class counterbalance the 3 points on her license? If that doesn't work she will try to plea bargain with the judge/prosecuter...

According to this those points could be wiped out if you take this online course

http://www.dmv.org/va-virginia/traffic-schools.php

This assume you get ride of the reckless driving part, because she is looking at 6 points. but it takes 18 in a year to lose the license.

 

[FlyingRon]

If she is at least 20 years of age, she can do the traffic school online.

You're not saying anything different than what I said. With a clean record you'll most likely be able to plea down to driver school and a lesser MOVING violation (regular speeding or careless driving). The court (at least up in the nova counties) is NOT going to dismiss the charge completely on driver school (as they would with a lesser than reckless original charge) nor will they make it a non-moving violation.

By the way a lower speeding offense is actually better for many insurance companies than a careless. I have no clue why but the risk scoring at least with my company hits you up double for an offense with "careless" in it over any other moving violation.

 

[JustAPal00]

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!

She's 20 and you're planning on getting married? Do the really smart thing and wait 10 years.

 

[Keezee]

I haven't had a chance to call any Lawyers since my last post on Friday (Weekend/Labor Day) so I was just seeing if there were any fresh brains on here today.

Question:
My fiancé was charged with reckless driving in Virginia prior to the new laws passed in relation to Civil Charges and I was able to confirm that the passing of the new laws won't increase her fines, but in terms of plea bargains, etc has anything changed on how a judge 'has' to handle cases? I know reckless driving charges have been lowered based on driving records alone after the new laws so that makes me think that the judges hands aren't necessarily 'tied' but I'd love some confirmation that the judges don't have any minimum penalties to enforce.

Thanks!

 

[helpmepleaseee]

I am in the same situation as you...how did u contact the commonwealth attorney?

 

[Keezee]

It depends, but here is the contact info for our local one:

http://www.roanokeva.gov/WebMgmt/ywbase61b.nsf/CurrentBaseLink/N254WPNL995JMNLEN

What city/county do you have charges in?

 

[FlyingRon]

The DMV surcharges are not supposed to affect the criminal sanctions, although many judges may take pity and adjust their sanctions to offset this. Of course, there's a strong political movement to do away with these. While it seemed like a great way to get tax revenue from a non-politically powerful group, the backcurrent on this is rapidly becoming almost as big as the anti-car tax movement.

 

[Keezee]

The DMV surcharges are not supposed to affect the criminal sanctions, although many judges may take pity and adjust their sanctions to offset this. Of course, there's a strong political movement to do away with these. While it seemed like a great way to get tax revenue from a non-politically powerful group, the backcurrent on this is rapidly becoming almost as big as the anti-car tax movement.

I read it, but 'I don't get it' -- Do you mean DMV printed driving records?

One quick question:

My fiancé is 20 and she has been driving for two years. She has a +2 on her driving point balance and the only reason she doesn’t have +5 is because she hasn't been on the road for 5 years yet. Would it be beneficial for her to take an online driving class to get it to +5 before court? I know when I went and requested DIP class they made it a point that it HAD to be a court appointed one and online class wouldn't suffice. I know you can only take the class one every so often so would it help to go in and request court appointed so we can we 'educated by the state' or would it be best to get her points to +5 before the court date and try to leverage a +5 record with 2 years of driving history?

What say ye?

 

[Keezee]

Update/More Problems

My fiancé went in to see the commonwealth attorney after several attempts to make an appointment over the phone, but apparently he is on vacation. With her court date so close I don't think there is much we can do. The secretaries are referring her to the prosecutor in his stead but I don't know if that would help or not. Can the prosecutor reduce the charges before the trial date like the CA could?

We were at least hoping to talk to them and get a yes or no pre-hearing but it’s not like we can leverage the fact that we were trying to get off easier in court or anything. Feels like a rock and a hard place.

Thanks!

 

[Maestro64]

The prosecutor does have the authority to negotiate with her to plead the ticket down to lesser offense and some times it is much better to meet ahead of time and do this verses trying to do it the day of the hearing. Think about how busy that person will be at that time.

 

[FlyingRon]

The prosecutor does have the authority to negotiate with her to plead the ticket down to lesser offense and something it is much better to meet ahead of time and do this verses trying to do it the day of the hearing. Think about how busy that person will be at that time.

Actually, that's how it is usually done. The only reason I suggest they do it in advance OR have a lawyer is they already continued once to obtain counsel.

During traffic court most cases are heard by the judge with only the ticketing officer presenting for the commonwealth. The CA is only brought in when the defense is represented by legal counsel (or perhaps certain other special cases). During the rest of the docket, the CA is usually outside (or in a small office adjacent depending on the courthouse) doing these kinds of wheeling and dealings.

 

[Maestro64]

Actually, that's how it is usually done. The only reason I suggest they do it in advance OR have a lawyer is they already continued once to obtain counsel.

During traffic court most cases are heard by the judge with only the ticketing officer presenting for the commonwealth. The CA is only brought in when the defense is represented by legal counsel (or perhaps certain other special cases). During the rest of the docket, the CA is usually outside (or in a small office adjacent depending on the courthouse) doing these kinds of wheeling and dealings.

I think you would agree this depends on the location and state some places still use ADA or CA with all traffic cases. if they are not around then you negotiate with the officer, and finally with the judge if you can.

 

[Keezee]

Thanks for the reply! I'm optimisic about it all despite not being able to meet with the CA (vacation).

Thanks again.