Official Reckless Driving Thread (Hopewell, Radford: to buy, sticker, senior)

[boyd888]

You will definitely be able to get a continuance to ask for a lawyer you just ask the judge for one when he asks how you plead (assuming you were not able to make a deal with the prosecutor).

Honestly you may not have much luck getting a deal as you were doing 80 on a "non highway" road which I think has no median. They do give deals to people that do dumb things with good records, but not usually to people that do REALLY dumb things. They have to draw the line somewhere ya know.

[Flamingo13]

It is REALLY hard to read - apparently he was going 80 in a 45 - and doesn't want to pay for a lawyer!!!!

[Phil1980]

Thank you for the responses and many apologies for the scrambled text - i typed the message in outlook and posted it into the forum and it got all messed up. I will repost it again below. Route 50 does have a median, there were literally 0 cars in front of me or behind me - no lights or intersections.... That's not an excuse to go 80, no doubt... I know it's a lot to ask for to make a deal going 35mph above the limit whatever the circumstances, even if i do have a super clean driving record... Was just wondering if it there was even a remote possibility to make a deal. Doesn't seem like I have much to lose to try given that i can ask for a continuance....

I have read some posts saying that you can only ask for a continuance during "motions" - i.e. before individual cases are called. I guess this is not true? The only thing I am worried about is if my case is called, I ask for a continuance and the judge asks "why didn't you ask for one earlier"? Thanks again for your help with this everyone...

Original Text:

"First off, many thanks to BigFoot424 for the wisdom he has shared with allof us on this thread. I, for one, really appreciate it.

My moment of stupidity happened late last Saturday night. I was clocked going 80 in a 45 (reckless driving) on Route 50 in Glencarlyn (close to Seven Corners) in Arlington. There were absolutely no cars around, I gunned it for a few seconds and got caught. A bonehead momentary lapse-of-judgment on my part. My last speeding ticket was in 2006 (nearly 9years ago) - I currently have a +5 on my drivers record. I respected the officer, admitted guilt and apologized profusely. The officer saw that I had a clean record, appreciated my demeanor and the admittance of guilt, but still recommended I get a lawyer - I believe that he will try to help me on court day. I cannot afford to spend $1k on a lawyer at the moment – I’m getting married in a few months and will most likely lose my job at the end of the year unfortunately.

I read that in Arlington a prosecutor is always available to discuss acase / plea bargain in the conference room across the hall from the courtroom. If anybody with experience dealing with this would be so kind as to help me with some advice, I have two questions:

#1) Considering I was going a full 35mph above the limit, the fact that I have a very clean driving record and the fact that the hearing is in Arlington (which is more lenient than other counties from what I understand), is there any chance that I could even try to negotiate with the prosecutor on my own with or without the help of the officer?

#2) If the answer to the above question is “no”, does anyone know how and when continuances are granted in Arlington county on the day of the trial? I’m worried that I may miss the opportunity to ask for a continuance (during motions) while waiting to speak to the prosecutor outside the courtroom. And from what I understand, I may not be granted a continuance directly from the judge if my case is called. Is this correct?

Any help would be greatly appreciated. Thanks."

[Bigfoot424]

I can't answer what Arlington does regarding continuances but we all are entitled to a continuance and I can't imagine one would not be granted just because you didn't make it before the judge calls your name. Deals have broken down last minute in many cases and continuances are requested. I wouldn't take the Driver Improvement Course without checking with someone in authority in Arlington Co court and get their name if they say go ahead and take it.

If you can afford an attorney I would go ahead and hire one and get ahead of the game. At your speed it might be really hard to wheel and deal yourself.

[boyd888]

Arlington convicts people of going 37 in a 25 all the time (still 12 over but you get the gist) no way you are getting driver improvement for going 80 on route 50.

It would make more sense to take the driver improvement course after you are convicted for the +5 points so you can to get yourself back up (or close to) to +5 points. Yes you will get a continuance you are entitled by law to hire an attorney to represent you if you wish all you have to say to the judge is "As this is a pretty serious charge I would like a continuance so that I may hire an attorney."

[Carlingtonian]

I could've sworn that you can request a continuance online via the Arlington Courts website. My last ticket (miraculously) was in 2012, so my memory may be hazy. If I were you, I would definitely hire a lawyer. Hopefully it won't cost you $1000.

Also, I can't imagine a ticket like this would cost you your job. Even with a security clearance, this kind of charge is still for speeding. It's not a DUI.

Did the officer say he was citing you for reckless driving? I thought that was up to their discretion, no matter the speed.

It's always riskier to speed when no one else is around, since you stick out like a sore thumb. I think this is how Jason Werth got nailed--driving 100 early on a Sunday morning when no one else was around. (On weekday mornings, everyone on that stretch of the Beltway is doing 85-95.)

[Phil1980]

BigFoot, Carlingtonian and Boyd - thanks so much for the advice, I really appreciate it.

I think it's pretty clear that I won't be going to jail. And if I were to face the judge alone, it also seems pretty clear that I won't be able to get the charges dropped. But even with the charges, it seems like I will most likely pay a fine which is below what it costs to hire a lawyer. And a reckless driving misdemeanor doesn't seem to be that big of a deal If I ever were to get a background check. So why shouldn't I face the judge alone? Higher insurance premiums?? If I really get unlucky and the judge gives me the maximum $2500 fine - I still have 10 days to hire a lawyer and appeal right? Thanks again for the help guys.

[boyd888]

You won't get the $2500 fine. That's only given to people that are going REALLY fast and don't bother to show up to court. More than likely you will get $250-$500, if not less. VA police issue hundreds (maybe thousands?) of reckless driving tickets a year so your case is really quite standard for the court system.

A reckless is -6 points and looks bad should you ever get another speeding ticket. Since you are +5 it's worth a go on your own to get it dropped to a regular speeding ticket. If not you either eat the reckless or get a lawyer - that's a decision only you can make.

[Flamingo13]

Originally Posted by boyd888

You won't get the $2500 fine. That's only given to people that are going REALLY fast and don't bother to show up to court. More than likely you will get $250-$500, if not less. VA police issue hundreds (maybe thousands?) of reckless driving tickets a year so your case is really quite standard for the court system.

A reckless is -6 points and looks bad should you ever get another speeding ticket. Since you are +5 it's worth a go on your own to get it dropped to a regular speeding ticket. If not you either eat the reckless or get a lawyer - that's a decision only you can make.

You don't think 35 over the speed limit is "really fast"?

[Bigfoot424]

Originally Posted by Flamingo13

You don't think 35 over the speed limit is "really fast"?

Not $2500 fast.