Reckless Driving in Sussex County VA - Out of State Driver

[DreJann]

I am from New Jersey.

I have a schedule to appear in court 2 weeks - for Reckless Driving ticket (10-27 / 46.2-862) I got in VA. I was doing 89MPH to 70MPH in I-95. The ticket says it's in Sussex County. I did some reading and I found out that this is a Class 1 Misdemeanor. I spoke to a couple of law offices and they really scared me about the reality of the case (I mean, I know they're just stating facts) but I guess VA is really serious on their traffic laws so then I asked about their fees. I just don't think I can afford their service fees, it's just way too high and that's of course, on top of what I am going to pay depending on what the ticket and/or court fees will be. I just simply don't have that kind of money. I have no criminal records at all. I would really like to keep it that way. It was just a lack of paying attention on my part. I didn't realize how fast I was going.

Anyway, I am thinking about driving there to represent myself and asks the court for leniency you know, to a lesser charge like a non-crime traffic infraction or something. I just want to know what my chances are? I need some advice to know what I can expect like on how does it work over there? Does a prosecutor meet with you first before the Judge or no? I have obtained my 5-yr driving record in NJ and the last offense I have was back in 2016 (unsafe operation of vehicle - Paid) and 2015(license suspended "POAA" I think this was because of my unpaid parking tickets - but this was also taken care of). Would presenting this help me or hurt me? I have no Speeding violations and also no out state traffic offense on the record.

Please only serious answers. I just need guidance, advice or tips. Thank you.

 

[PayrollHRGuy]

So you have a history of unsafe driving and you are going to throw yourself on the mercy of the court.

Good luck with that.

 

[FlyingRon]

No, get the attorney. Your chances are that you will go to jail at 89MPH. The breakpoint used to be 100 (or doing something really stupid like racing) though many judges now will lock you up for less. You want an attorney who is familiar with the court and can get this dropped down to the noncriminal "improper driving" citation. Some courts will do this out of course, some want to see driving school of some sort, some, well who knows. Every GDC in the state is different.

2016 is RECENT HISTORY as far as Virginia is concerned. That sort of record is hardly exemplary.

 

[Zigner]

This OP has had more trouble in 6 years than I have had in over three decades.

 

[HighwayMan]

...some want to see driving school of some sort,..

And if the judge advises that the course may be taken online just keep in mind that the final exam for the course must be taken in person at a specified location in Virginia.

 

[FlyingRon]

And if the judge advises that the course may be taken online just keep in mind that the final exam for the course must be taken in person at a specified location in Virginia.

That would strongly depend on the court. THere's no such state requirement. If you're over 20, the entire VADIP program can be done via an online course. However, some counties (I know Montgomery where my wife got her reckless) want you to go through the more controlled VASAP course even though it is not an alcohol offense. This is why it is key to have a lawyer who knows what sort of thing the judge will want to see.

 

[DreJann]

FlyingRon @ Thank you for being honest without sounding condescending. And yes, I think I'm gonna go with a lawyer, I'm better off.

That would strongly depend on the court. THere's no such state requirement. If you're over 20, the entire VADIP program can be done via an online course. However, some counties (I know Montgomery where my wife got her reckless) want you to go through the more controlled VASAP course even though it is not an alcohol offense. This is why it is key to have a lawyer who knows what sort of thing the judge will want to see.

 

[HighwayMan]

That would strongly depend on the court.

My GF got a reckless in VA (she's an attorney no less) and the court permitted her to take a defensive driving course. They provided her with a list of schools, some online some in-person, and every one of the online programs required that the final exam be taken in Virginia. It seemed to have nothing to do with the court at all.

 

[FlyingRon]

Understand that neither VADIP nor VASAP are have any direct applicability to lowering the offense at GDC. The VADIP course requirements only apply to VADIP (i.e., erasing accumulated points). VASAP only legitimately applies to post-alcohol convictions. What the court will or will not accept is largely up to the individual court.

It is true you have to take the VADIP final in person. Not sure that there aren't any that are out of state, but NY may be further than they reach (unless someone is paired with an outfit like Pearson).