A UK tourist issued a court summons in Virginia

[Goddamlimey]

Hi guys. I got stopped driving at 85 on the Virginia interstate yesterday & issued with a summons for reckless driving.

I will be back in the UK by then & unlikely to visit Virginia again. If I ignore this, is it likely to haunt me?

I visit the USA frequently on vacation so don't want to be arrested entering JFK. There is also the issue of future visa (ESTA) entry into the US as I will have to declare convictions.

The only certainty is I will NOT be attending court in Virginia, I fly back to UK next week.

Other than this mishap I've had a great trip

 

[Zigner]

Hi guys. I got stopped driving at 85 on the Virginia interstate yesterday & issued with a summons for reckless driving.

I will be back in the UK by then & unlikely to visit Virginia again. If I ignore this, is it likely to haunt me?

I visit the USA frequently on vacation so don't want to be arrested entering JFK. There is also the issue of future visa (ESTA) entry into the US as I will have to declare convictions.

The only certainty is I will NOT be attending court in Virginia, I fly back to UK next week.

Other than this mishap I've had a great trip

If you cannot be in court, then you should contact an attorney in Virginia to help you with this matter. Don't ignore it.

 

[PayrollHRGuy]

Virginia takes speeding violations seriously. Perhaps more seriously than any state in the Union. Over 80 can be charged as a felony and a felony will affect you the next time you are in the US even if you go nowhere near Virginia.

 

[FlyingRon]

Don't be ridiculous. Payroll.

Reckless Driving (to include over 80) is not a felony unless you have had your license suspended for a prior offense AND you cause someone's death in the process. Otherwise, it is a class I misdemeanor which is bad enough.

If this was issued in one of the speed trap jurisdictions, it's possible they waived the jail time and you can just plead guilty and pay the fine in absentia. Otherwise, you're going to have an active warrant out for your arrest for a crime. This very much can interfere with further attempts to enter the US (and perhaps even permanently bar you from using the VWP).

As pointed out, you should contact a lawyer in the county/independent city you were charged in and see what he can do. Usually, these things are reduced to improper driving unless you have priors or other factors. Improper driving is just an infraction.

 

[PayrollHRGuy]

Don't be ridiculous. Payroll.

Reckless Driving (to include over 80) is not a felony unless you have had your license suspended for a prior offense AND you cause someone's death in the process. Otherwise, it is a class I misdemeanor which is bad enough.

I did write...

Over 80 can be charged as a felony

Which is technically correct. But in the OP's case you are right.

 

[NeilTheCop]

Step 1 will be to contact the court and explain the situation.
http://www.courts.state.va.us/online/home.htmlI'm sure you won't be the first tourist who was given a traffic ticket, but do not ignore it because any future visa application will automatically involve checking the DHS wants and warrants database.
I hope you didn't travel with Thomas Cook because you may be staying a while longer

 

[Zigner]

Step 1 will be to contact the court and explain the situation.
http://www.courts.state.va.us/online/home.htmlI'm sure you won't be the first tourist who was given a traffic ticket, but do not ignore it because any future visa application will automatically involve checking the DHS wants and warrants database.
I hope you didn't travel with Thomas Cook because you may be staying a while longer

Since the OP is leaving in a week, and since the OP is very unfamiliar with the US legal system, and since the OP is concerned about his future visits to the US, the OP would be VERY wise to contact an attorney to represent him and NOT try to navigate this on his own.

 

[FlyingRon]

The court is not going to help other than tell you to obtain a lawyer. If the jail time is waived, they can provide payment information (which may not be in your best interest). They might suggest you talk to the commonwealth's attorney about a reduction.

However, in any event, you'd best get a lawyer involved. My wife and my daughter both had RD citations over the years. I was naive on my daughters and we blundered into the JDR court on that and fortunately, the officer grabbed the two of us and sent us to see the CA to get the reduction. WIth my wife's, I sent her directly to an attorney to handle it.

Note that of late, not only is the commonwealth not wiling to waive jail time, there's a strong possibility you'll actually get it. If you're pushing 100 MPH it's a certainty. I had an employee who HAD an attorney still get 60 days suspended down to 8.

 

[bcr229]

I lived in VA for many years. Never got hit with RD - always kept the speed under 79 on the interstate - but I had plenty of friends who did. YOU NEED A LAWYER. I'd suggest doing some Google searches for discussion forums dedicated to driving, sportscars, sport bikes, etc. and see if they have state subforums. Chances are there have been discussions on referrals for attorneys to contact for RD cases in the various counties.

 

[NeilTheCop]

Since the OP is leaving in a week, and since the OP is very unfamiliar with the US legal system, and since the OP is concerned about his future visits to the US, the OP would be VERY wise to contact an attorney to represent him and NOT try to navigate this on his own.

Why is it that the only advice ever offered on this forum is "See an attorney"
Of course this advice mainly comes from attorneys.
I subscribe to an electronics forum and no one has ever advised "See an electrical engineer" to any question asked.

 

[Zigner]

Why is it that the only advice ever offered on this forum is "See an attorney"

It's not.

Of course this advice mainly comes from attorneys.

There are very few actual attorneys who post on this forum.

I subscribe to an electronics forum and no one has ever advised "See an electrical engineer" to any question asked.

But, if the matter were to get complex enough to require it, then the advice would be appropriate. With the facts presented in THIS thread, the advice given is appropriate.

 

[PayrollHRGuy]

Why is it that the only advice ever offered on this forum is "See an attorney"

If you were actually ever a cop (and I do wonder about that from time to time) you should know that in a criminal matter that there are simply times when a lawyer is needed.

 

[HighwayMan]

Why is it that the only advice ever offered on this forum is "See an attorney"
Of course this advice mainly comes from attorneys.
I subscribe to an electronics forum and no one has ever advised "See an electrical engineer" to any question asked.

Are you kidding me?

 

[quincy]

... I subscribe to an electronics forum and no one has ever advised "See an electrical engineer" to any question asked.

If someone didn't see an electrical engineer, would that person risk arrest, wind up in jail, be barred from entry to the U.S.?

 

[FlyingRon]

Why is it that the only advice ever offered on this forum is "See an attorney"
Of course this advice mainly comes from attorneys.
I subscribe to an electronics forum and no one has ever advised "See an electrical engineer" to any question asked.

Nobody who posted in this thread is an attorney.

"See an attorney" wasn't the ONLY advice given. I provided details on what the exact implementations of this CRIMINAL CHARGE is. There are very few times when facing criminal charges, that see an attorney is not a good idea. This isn't your average speeding ticket.