Yet another reckless driving thread (Springfield, Fairfax: insurance, crimes, attorney)

[marie5v]

So I've seen the posts about people going 90 and getting a reckless driving charge, but figured they might have deserved it (although jail time is pretty ridiculous, even for that). But now my husband has a reckless driving charge, NOT for speeding, but for a bad lane change.

He made a lane change on route 50 - with signal on - but cut across two lanes instead of one. He needed to make a right turn really soon and hadn't realized when he changed lanes the first time that the road had split off into a turn lane. No one was in the turn lane so he just moved into it without pausing. It would have been better to just miss the turn, of course, but in the second he had he just made the wrong decision. It definitely wasn't the best driving, and I'm sure it violates some traffic law, but I'm shocked that he was charged with reckless for that. He was not speeding at all - he had actually slowed down to change lanes, and let some cars pass him on the right so he could move into that lane.

Unfortunately, when the cop asked, "do you know why i pulled you over," my stupid husband tried to play dumb and said no. That really pissed the cop off. I think that's probably why he charged him with reckless instead of just some moving violation. Also, he drives a sports car, although I swear he is generally a very safe driver and has a clean record. He just bought it a long time ago and we can't afford a new car now.

I'm really disgusted that this criminal charge is used so frequently and, I think, frivolously by the police and courts. We have a small child and the effect of a huge fine, god forbid jail time, and a misdemeanor would be extremely disruptive to our lives. We don't want to hire a lawyer. We really can't afford it. We'd end up going into debt over this, and we are just making right now with me not working and caring for the baby full time. We could scrape up the money for the fines if he's convicted of reckless, but it would wipe out our savings and we'd start to sink if the insurance premiums went sky high.

Anyone have experience with a charge not based on speeding? Anyone have a suggestion for Ffx city court? I read all the other threads on this topic, but they were all speeding. Input from police especially welcome.

[Bigfoot424]

Please find the other reckless driving thread and you'll find plenty of info there. For the twenty fifth time this charge comes under a misdemeanor section for penalty phase only and no one goes to jail unless some like a pursuit or something very serious happened and in this case nothing serious happened. I won't criticize the officer based on what you're saying because he may have another story that differs greatly from yours. If he is convicted it will go on his driving record as a driving conviction on not on his criminal record. Personally I'd go in without an attorney and plead with the prosecutor. Unless something is missing here I'm willing to bet it will be reduced to improper.

[Bigfoot424]

BTW. I expect a couple cop haters to come on here to try and convince you that this is a misdemeanor and he should be worried. If you decide to believe them then feel free but their info is way off base.

[VRE332]

If an Officer had to pull your husband over for reckless driving, your husband must have done something really stupid. Everyone around your husband's car must have though the same thing = "WTF is this guy doing cutting over 3 lanes". I would have said "crazy [state east of new york] driver"

A few years back I had made an illegal left turn in Springfield, and I was pulled over. However, when the Officer asked me why I was pulled over, I was honest with him and said "I think there was a no left turn", and slapped with a $98 'disobey traffic device'.

People always tell me to play stupid when you get pulled over, but these guys are dealing with a'holes everyday, and best to just admit your mistake take the ticket and move on. Kind of cheaper to admit guilt.

[JD984]

There seem to be lots of pull-overs on Route 50. Maybe your husband should sell the sports car and buy a used car that's less likely to attract attention from police. Putting aside whether he really was being "reckless," people who drive foolishly are more likely to get pulled over when they are driving a vehicle that appears to be built for speed.

[kutra11]

What's "reckless driving" for one driver is probably just "what-the-big-deal driving" for another. The distinction comes to light when one of them ends up in a bad, bad accident.

I have seen enough idiots coming to a complete stop in a through lane (speed limit 45 mph) on a green with the left indicator flashing just because they realized they had to make a left turn and they had missed the chance to get into the left-turn only lane. I have also seen enough idiots who actually pull over on the shoulder and start backing up because they have gone past the exit. I am sure every single one of those drivers think it's not unsafe driving because they know what they are doing.

I will never understand the mental block that drivers have because of which they cannot make a u-turn and come back if they have missed their turn!

[marie5v]

Thank you to the one person with some valuable information. As for the rest, you clearly do not understand the definition of reckless driving, versus stupid driving. Reckless is a criminal misdemeanor and is defined, to paraphrase, as deliberate and with conscious and indifferent disregard for the safety of others. Stupid doesn't qualify. If it did, 99% of us would be criminals.

[dkf747]

Originally Posted by marie5v

Thank you to the one person with some valuable information. As for the rest, you clearly do not understand the definition of reckless driving, versus stupid driving. Reckless is a criminal misdemeanor and is defined, to paraphrase, as deliberate and with conscious and indifferent disregard for the safety of others. Stupid doesn't qualify. If it did, 99% of us would be criminals.

Most of the situations posted in either of these threads are not Reckless yet they get the reckless charge anyways. I had a run-in with a real reckless driver last night. Tried to run me off the road but I was able to keep it on the shoulder, and then driving real slow and blocking me from going anywhere. Too bad there weren't any troopers around on 66 near Fairfax Drive at that time. That's real reckless driving. Maybe they need to come up with a "stupid driving" ticket for these other situations that aren't really reckless?

[MessageBoardName]

Originally Posted by marie5v

Reckless is a criminal misdemeanor

NO, it is not. Not all misdemeanor offenses are criminal. It's still a traffic offense.

Reckless Driving is prosecuted under title 46.2 of the Code of Virginia, to wit: Motor Vehicles.

A "criminal misdemeanor" is prosecuted under title 18.2 of the Code of Virginia, to wit: Crimes and Offenses Generally

Reckless driving is NOT reported to the Virginia Central Criminal Records Exchange (CCRE), and therefore will NOT show up on a criminal record check.

Reckless driving IS reported to DMV, and DMV alone.

[Bigfoot424]

Originally Posted by MessageBoardName

NO, it is not. Not all misdemeanor offenses are criminal. It's still a traffic offense.

Reckless Driving is prosecuted under title 46.2 of the Code of Virginia, to wit: Motor Vehicles.

A "criminal misdemeanor" is prosecuted under title 18.2 of the Code of Virginia, to wit: Crimes and Offenses Generally

Reckless driving is NOT reported to the Virginia Central Criminal Records Exchange (CCRE), and therefore will NOT show up on a criminal record check.

Reckless driving IS reported to DMV, and DMV alone.

Welcome to the club. Hang around long enough and you'll meet the few here that insist we're wrong on this. You can't imagine how many times I've posted this only to have the same few screaming Misdemeanor and your going to jail and lose your clearance. Gets funny after awhile.