Reckless Driving in VA

[danthegolfer]

What is the name of your state? Virginia

I was driving home from school, I had to stay a little bit late which in turn made me on the borderline of being late for work. I was caught clocked at 79 and 86 in a 55. The officer was nice and wrote me down for the 79. So that means, 24 over the speed limit... reckless driving... punishable by up to $2500 and jail time. i am just 18 and i am so scared i dont know what to do. this is my first ticket i have no other problems with my record. my court date is not until august 10th.. i dont want this to ruin my whole sumer but its going to.

since reckless driving is a misdemeanor... does that mean i am supposed to hire a lawyer?

i dont know what to do, im freaking out.

thanks, dan

 

[seniorjudge]

What is the name of your state? Virginia

I was driving home from school, I had to stay a little bit late which in turn made me on the borderline of being late for work. I was caught clocked at 79 and 86 in a 55. The officer was nice and wrote me down for the 79. So that means, 24 over the speed limit... reckless driving... punishable by up to $2500 and jail time. i am just 18 and i am so scared i dont know what to do. this is my first ticket i have no other problems with my record. my court date is not until august 10th.. i dont want this to ruin my whole sumer but its going to.

since reckless driving is a misdemeanor... does that mean i am supposed to hire a lawyer?

i dont know what to do, im freaking out.

thanks, dan

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

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 five 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!”)

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.

 

[danthegolfer]

i double posted this because i wasnt really sure where to put it since it is more like a DUI than a speeding ticket. i guess im just trying to figure out what ido when i go in there.. do i go in and plead guilty and hope for them to lower it to something that isnt jailtime and a $2500 fine? what does pleading no contest do? and even tho i really dont think i was going 79 or 86 i have no proof otherwise so i cant try to fight it

 

[moburkes]

i double posted this because i wasnt really sure where to put it since it is more like a DUI than a speeding ticket. i guess im just trying to figure out what ido when i go in there.. do i go in and plead guilty and hope for them to lower it to something that isnt jailtime and a $2500 fine? what does pleading no contest do? and even tho i really dont think i was going 79 or 86 i have no proof otherwise so i cant try to fight it

If you plead guilty, you are admitting that you committed the crime (reckless driving). There is no reason to lower it down at that point.

 

[danthegolfer]

should i consider talking to a district attorney? if so, should i hire a lawyer and bring my parents or would this be better to do on a personal level with just me and him. i am 18 and just about to graduate high school... so i dont know whether me meeting the DA would show him i care or show him im an idiot.

if i should meet with the DA, how do i find out..erm.. who he is, and how do i contact him?

 

[outonbail]

should i consider talking to a district attorney? if so, should i hire a lawyer and bring my parents or would this be better to do on a personal level with just me and him. i am 18 and just about to graduate high school... so i dont know whether me meeting the DA would show him i care or show him im an idiot.

if i should meet with the DA, how do i find out..erm.. who he is, and how do i contact him?

Here's a plan:

As suggested, go to court before the date your required to appear and answer to the charge. Watch and listen to all the cases that go before the judge and give special attention to cases involving speeding tickets. This way you will get to see first hand, if the judge offers traffic school or reduces charges depending on a persons prior record or any other circumstances, or if the judge orders their immediate, public hanging.

This way you will have some first hand experience on how things are handled and can make an informed decision on whether or not you need to hire an attorney, or request a public defender, or, "gulp" if you should fill out those organ donor cards in your wallet before appearing in court.

 

[garrula lingua]

I agree with outonbail. If you can, ask the bailiff (the guy in the Sheriff's/cop's uniform) what the likely dispo would be & if he thinks you need an atty.

The bailiffs are prob the best attys in court. They've seen it all.
If you get a cranky cop,
I would appear, representing myself, at the first court date (should be the arraignment and plea). Ask to speak with the Prosecutor before you enter a plea. Ask the Pros what dispo would they be willing to offer.

If the offer sounds too harsh, plead not quilty and ask to speak with the Public Defender, or ask for a continuance to seek a consultation with a private atty.