Yet another Reckless Driver (Fairfax, Lexington: insurance, lawyer, compensation)

[reckless_in_VA]

For those of you who are facing a reckless driving charge, this is for you. This applies to first time offenders in Fairfax county.


I'm going to try to make this short and to the point.

Charge: 90/55 on I-66 E

Judge: Mary (Something), rather nice disposition and empathetic. If you get her as your judge you won't need to worry as much.

Preperations: Got free consultaion from some local lawyers as to the possible outcome of the situation. Didn't really tell me anything I wasn't already aware of. Also didn't inspire any hope if I were to retain them. I decided to represent myself. Paid $60 for a driver improvment course from ADA Driver Improvment. Mainly to alleviate the -6 from the charge to a -1, it also seemed to weigh in the judge's ruling. Paid $15 for a certified copy of my driving record (this was very cruical and I'll tell you why). Sat back and waited for my court date.

Day of Reckoning: As it turned out my officer had a family emergency and wasn't able to attend. This was good for me as he would only hurt my case (I was really going 95). This is where the copy of my driver record paid off. All the staties there had everyones record and so since my officer wasn't there my record wasn't available for review had I not brought it. Very very important. That on top of the 'certificate of completion' I got from the ADA course proved to the judge that I had +5 points on my record (thats all they really care about).

Judgement: In the end I'd say I made the right decision in representing myself. The judge gave me a fine of $600 (with $300 suspended due to the +5 on my record), 60 days suspended license (from 6 months), and the civil remidial fees (which is only 350 a year, honestly it isn't that bad). I was able to apply for a restricted license right then and there and was able to set my own hours. When presenting my application for a restricted license to the judge she even gave me more hours than I really needed.

Costs (in $$):
Without a lawyer:
300: fine
72: Court cost
350: first civil remedial fee
60: ADA course
15: Certified driving record
-----
797: Total out of pocket

With a lawyer (assuming same judgement):
300: fine
72: court cost
350: first civil remedial fee
850: lawyer retension
400: ASAP classes (lawyer recommendation)
50: Speedometer calibration (lawyer recommendation/bull****)
15: Certified driving record
------
2037: Total out of pocket

Conclusion: If you plan on going it alone I suggest boning up on courtroom etiquette. Theres a certain way you must present yourself in order to be taken seriously. Also dress appropriatly for the situation, i.e like you give a **** about why you're there. Be confident when you speak, speak with authority, and most importantly speak lucently. There will be an audience more than likely so prepare for that.

This is by no means a victory. Reckless driving (in the manner of which I've been charged with) is a serious and possibly life altering event. Even though my sentencing wasn't that bad the judge clearly stated that there is the possibility of jail time and that I should consider hiring an attorney.

If there are any questions regarding this matter please feel free to ask them. Otherwise I hope this helps putting some people's minds at ease. I can finaly rest easy now that it's over.

[goldenmom7500]

yikes - I was just pulled over in Lexington, VA (on, I think, 64?) and the officer said he would lower my speed by 3 so I wouldn't get a reckless driving charge. What a huge relief, after seeing all of this.

[mojo_1979]

Originally Posted by reckless_in_VA

For those of you who are facing a reckless driving charge, this is for you. This applies to first time offenders in Fairfax county.


I'm going to try to make this short and to the point.

Charge: 90/55 on I-66 E

Judge: Mary (Something), rather nice disposition and empathetic. If you get her as your judge you won't need to worry as much.

Preperations: Got free consultaion from some local lawyers as to the possible outcome of the situation. Didn't really tell me anything I wasn't already aware of. Also didn't inspire any hope if I were to retain them. I decided to represent myself. Paid $60 for a driver improvment course from ADA Driver Improvment. Mainly to alleviate the -6 from the charge to a -1, it also seemed to weigh in the judge's ruling. Paid $15 for a certified copy of my driving record (this was very cruical and I'll tell you why). Sat back and waited for my court date.

Day of Reckoning: As it turned out my officer had a family emergency and wasn't able to attend. This was good for me as he would only hurt my case (I was really going 95). This is where the copy of my driver record paid off. All the staties there had everyones record and so since my officer wasn't there my record wasn't available for review had I not brought it. Very very important. That on top of the 'certificate of completion' I got from the ADA course proved to the judge that I had +5 points on my record (thats all they really care about).

Judgement: In the end I'd say I made the right decision in representing myself. The judge gave me a fine of $600 (with $300 suspended due to the +5 on my record), 60 days suspended license (from 6 months), and the civil remidial fees (which is only 350 a year, honestly it isn't that bad). I was able to apply for a restricted license right then and there and was able to set my own hours. When presenting my application for a restricted license to the judge she even gave me more hours than I really needed.

Costs (in $$):
Without a lawyer:
300: fine
72: Court cost
350: first civil remedial fee
60: ADA course
15: Certified driving record
-----
797: Total out of pocket

With a lawyer (assuming same judgement):
300: fine
72: court cost
350: first civil remedial fee
850: lawyer retension
400: ASAP classes (lawyer recommendation)
50: Speedometer calibration (lawyer recommendation/bull****)
15: Certified driving record
------
2037: Total out of pocket

Conclusion: If you plan on going it alone I suggest boning up on courtroom etiquette. Theres a certain way you must present yourself in order to be taken seriously. Also dress appropriatly for the situation, i.e like you give a **** about why you're there. Be confident when you speak, speak with authority, and most importantly speak lucently. There will be an audience more than likely so prepare for that.

This is by no means a victory. Reckless driving (in the manner of which I've been charged with) is a serious and possibly life altering event. Even though my sentencing wasn't that bad the judge clearly stated that there is the possibility of jail time and that I should consider hiring an attorney.

If there are any questions regarding this matter please feel free to ask them. Otherwise I hope this helps putting some people's minds at ease. I can finaly rest easy now that it's over.

The total civil remedial fee is $1000. You should probably add that to your totals above.

Honestly, I have absolutely NO sympathy for you or any person who drives 95mph on the interstate. Some people, like yourself, fail to realize that any accident at that speed will most certainly be fatal (to yourself and the person you collide with). If you were to get in an accident at that speed and survive, you would most likely be facing manslaughter charges and spending the next decade of your life in jail. By the way, what kind of vehicle do you drive so all of us sane folks can avoid you on the roads?

[Fern435]

I appreciate the information the original poster shared. Hopefully it will help people realize that it is more time-efficient (and safer) to simply follow the traffic laws.

[lqda4]

It would be equally safer if everyone obey OTHER basic driving laws to reduce congestion, confusion, accidents and road rage. The problem I see is, the authority targets some very specific infractions but largely ignores enforcing the rest.

[evilnewbie]

Are you freaking kidding me? You lost when there was NO witness to testify against you? You are one BAD attorney. You should of argued that you did not speed and want a witness (i.e. the cop) stating otherwise... no witness = no crime. You are presumed innocent and it is their responsibility to prove otherwise. For instance, this actually happened... I was speeding... decide to fight it.. went to court... the officer didn't show up.. I said I didn't do it.. case was dismissed... paid nothing, no record of the traffic stop... done. You should of gotten a lawyer, even a lawyer should know how to get you off scott-free when there is nobody to testify against you..

[reckless_in_VA]

The judge was issuing continuances on not guilty pleas since the officer wasn't there to present his side. Otherwise I would have. The costs posted only reflect what I had to pay on the spot. In my description I mentioned that it's 350 a year for three years in regards to the civil remedial fees.

[Xanticore]

Originally Posted by mojo_1979

Honestly, I have absolutely NO sympathy for you or any person who drives 95mph on the interstate. Some people, like yourself, fail to realize that any accident at that speed will most certainly be fatal (to yourself and the person you collide with). If you were to get in an accident at that speed and survive, you would most likely be facing manslaughter charges and spending the next decade of your life in jail. By the way, what kind of vehicle do you drive so all of us sane folks can avoid you on the roads?

mojo_1979,
Whether or not the OP violated US traffic laws, he/she wanted to share their experience in order to assist others in the same situation. You have not been granted a mantle of authority to judge them. I suggest you consider this: There are many other places in the world that do not mandate an arbitrary speed limit, or if they do, it is recommended as opposed to being defined as criminal. For instance, on an autobahn, there is a recommeded speed limit; if one chooses to exceed it, they can, but they will not receive any compensation from insurance if they wreck. That does 2 things: it places the burden of responsibility on the driver, moreso than if they were to be issued a fine. It also reduces the fear of "getting caught". Let me explain why this is a good thing... If a driver is prone to speeding, it is likely a personality attribute. They are not going to stop, just because the law says they must go slow. Instead, they speed, then tap/slam the brakes as soon as they see a LE officer. This creates "slinky effects" in traffic and very well may risk an accident; all in an effort to avoid a ticket. If there is no concern about a citation, then there will be fewer incidents of rubbernecking and brake-checking. People would simply drive. And if you don't want to go fast, MOVE OVER and get in the slower lanes.
If you do a little research and compare accident rates and intensities between, say Germany and the US, you will find that there are many more accidents in the US, because we are all so concerned about getting caught. Even you, who we must assume is a hardline advocate of follwing the letter of the law, have exceeded the speed limit at some point. Just because you didn't get caught doesn't mean you're absolved of responsibility. You are no more an accomplished or safer driver than the OP, just more concerned with what others are doing or getting away with. I submit to you that you may have less stress in your life if you strive to judge yourself more than you do others.
To the OP: Thanks for posting your experience.

[Skatergirl]

[quote=Xanticore;6024283]mojo_1979,
she wanted to share their experience in order to assist others in the same situation. You have not been granted a mantle of authority to judge them. (QUOTE)

Considering this is a public forum, the responder was well within her right to judge the op--otherwise you're also a hipocrite for the same offense. That said, the op was guilty of driving 40 mph over the speed limit. See if you still have that sweet demeanor the next time someone comes up on your ass going 40 over.

[barryhussein]

Gee, this is a real success story.