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Old 08-26-2010, 09:44 AM
 
1 posts, read 2,321 times
Reputation: 10
Default Maryland Resident conviceted of Reckless Driving in Virginia (Help)

I was convicted yesterday of Reckless driving, the attorney says that I should not appeal becuase my driving record did not come up and the judge did not ask to see it. I live in Maryland. They imposed a 300.00 fine. Does anyone have any suggestions as to what I should do? If I do not appeal does anyone have any ideas how I can make this easier on my insurance rates.
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Old 08-26-2010, 10:37 AM
 
Location: Northern Virginia
1,682 posts, read 1,487,716 times
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To make it easier on your insurance rates, you could take a defensive driving course. You may need to check with Maryland's DMV but as a VA resident, if you take the course, it will deduct 2 points from your driving record.

An appeal may not work. If you do not have a valid reason for speeding (ie family emergency and your on the way to the hospital), they usually will not throw it out.

I know a person who was given a reckless driving ticket in DC (his wife was being taken to the hospital and that is why he was speeding). He went to the hearing and even with that excuse, they would not throw it out. They wouldn't even lower the charge to just speeding from reckless.
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Old 08-26-2010, 01:34 PM
 
Location: Virginia
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You might want to listen to your attorney. Sounds like you got off fairly easy. Appeals on cases like this can often produce results much worse than the lower court.
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Old 08-26-2010, 05:53 PM
 
170 posts, read 329,866 times
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Pay $300 and stop speeding.
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Old 09-27-2010, 10:25 AM
 
214 posts, read 434,640 times
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Quote:
Originally Posted by jsmith5915 View Post
I was convicted yesterday of Reckless driving, the attorney says that I should not appeal becuase my driving record did not come up and the judge did not ask to see it. I live in Maryland. They imposed a 300.00 fine. Does anyone have any suggestions as to what I should do? If I do not appeal does anyone have any ideas how I can make this easier on my insurance rates.
Ask your attorney to tell you if his legal opinion is that Reckless Driving in Virginia is not a criminal conviction. Ask him if the Code of Virginia still has it defined as a Class 1 misdemeanor is, and, if so, upon conviction, whether that may show up on any future criminal background checks, and how that might impact your ability to earn a living.
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Old 09-27-2010, 02:10 PM
 
Location: Virginia
4,118 posts, read 4,980,895 times
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Quote:
Originally Posted by reckless99 View Post
Ask your attorney to tell you if his legal opinion is that Reckless Driving in Virginia is not a criminal conviction. Ask him if the Code of Virginia still has it defined as a Class 1 misdemeanor is, and, if so, upon conviction, whether that may show up on any future criminal background checks, and how that might impact your ability to earn a living.


For the umpteenth time. Reckless Driving is charged under the 46. code section of Va code which is driving. Not 18.2 which is criminal. Reckless Driving's penalty is punished as a class1 misd but is not a criminal conviction. It will not show up on a criminal record check.
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Old 09-27-2010, 07:41 PM
 
214 posts, read 434,640 times
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Quote:
Originally Posted by Bigfoot424 View Post
For the umpteenth time. Reckless Driving is charged under the 46. code section of Va code which is driving. Not 18.2 which is criminal. Reckless Driving's penalty is punished as a class1 misd but is not a criminal conviction. It will not show up on a criminal record check.
I'd go ask an attorney for a "legal opinion" than trust a retired cop on this one. That's what "legal opinions" are for. YMMV
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