Official Reckless Driving Thread (Fairfax: broker, ratings, recruit)

[Carlingtonian]

A few tips based on my experience:

1. Because a defendant will always be granted request a continuance to get an attorney, for some (but only those with a decent driving record), it might make sense to go it alone on the first court date and then ask for the continuance to hire one.

This will allow you to talk to the ticketing officer directly and find out his demeanor toward your case. He or she will be there, waiting along with everyone else in the courtroom--and outside it when they know they have a while till their next case. That said, you'd have to be VERY careful not to say anything incriminating. But I imagine that with some courtesy, you could ask him/her what they believe is an appropriate punishment in your case and if, in a theoretical case like yours, they would be open to something below that if the defendant were to plea guilty or no contest.

The only drawback (other than the risk of self-incrimination) is that you've used up your "gimme" continuance--so that if you later hire a lawyer and show up the next time to find the worst judge or CA is on duty, you have to go to trial or hope your lawyer can cobble a deal with the CA anyway.

I suggest this because my lawyer's description of the ticketing officer's attitude toward me was in stark contrast to the officer's fairly gracious demeanor at the stop. E.g., the lawyer told me at the courthouse that the officer in their negotiations (which I wasn't privy to) was pushing for jail time initially--but I realized later that the officer had said something like "Realistically, that [meaning jail] isn't going to happen; you're going to pay a big fine and go on with your life." And I actually exchanged brief pleasantries with the officer on the day we were in court.

Now I'll never know if the officer had a change of heart about me between the traffic stop and the court date--or if the lawyer was making the officer's attitude seem less favorable than it actually was, so that I'd be happier with the deal he got me.

Another option would be to call the officer's department and ask for his/her number (or to call you back). Again--risky if you say too much, but it avoids using your one free continuance, and you get to find out firsthand if the officer wants to throw the book at you or if they're open to something lesser.

2. Ask your lawyer when he will get to see the officer's notes and radar (or speedometer) calibration receipts. Apparently it's possible to get them before the trial.

3. Parking at the Fairfax County Courthouse is $2/hour, up to $10/day. If you don't mind walking about 1/4 mile, you can park for free in the neighborhood to the south of the complex, as long as you park far enough west, where the zoned parking disappears.

[boyd888]

Originally Posted by Carlingtonian

)
Outcome: Pleaded no contest. No jail, thank God. (The lawyer said the CA was initially pushing for it.) Restricted license for six months--i.e., work, doctor appointments, religious services only. Fine: $600 plus $92 in court costs, plus whatever the DMV reinstatement fee ends up being (around $200 they say).

Obviously you know going 92 was really dumb, but wow I am really surprised that you got hit with a six month suspension. What you got was basically equivalent to someone pleading down a DUI (like .10 or .09) to a wet reckless (they often get six months suspension). I would say a 90 day suspension is much more common for a reckess. That's Fairfax County for you.

You don't need special insurance. I'm assuming you just have to file a SR-22. That just means your insurance company has to send paperwork to the VA DMV proving you have a certain amount of liability coverage (which you may already have anyway) and they charge like $50 /yr to do it. You have to carry this SR-22 for a couple of years check your paperwork. When you call to add this to your insurance somebody like State Farm may drop you or raise your rates and you may be better of changing to Progressive or at least getting a quote somewhere else.

[Bigfoot424]

"2. Ask your lawyer when he will get to see the officer's notes and radar (or speedometer) calibration receipts. Apparently it's possible to get them before the trial."

Actually there is no automatic right for these just because the lawyer wants them. They have a process they have to follow to see these, unless of course the prosecutor says its ok which is unlikely.

[Carlingtonian]

Originally Posted by Bigfoot424

"2. Ask your lawyer when he will get to see the officer's notes and radar (or speedometer) calibration receipts. Apparently it's possible to get them before the trial."

Actually there is no automatic right for these just because the lawyer wants them. They have a process they have to follow to see these, unless of course the prosecutor says its ok which is unlikely.

Ah. Good to know--thanks. I'm not sure if my lawyer asked or not. His strategy seemed to be for us to show up and see what the CA's case is.

Originally Posted by boyd888

Obviously you know going 92 was really dumb, but wow I am really surprised that you got hit with a six month suspension. What you got was basically equivalent to someone pleading down a DUI (like .10 or .09) to a wet reckless (they often get six months suspension). I would say a 90 day suspension is much more common for a reckess. That's Fairfax County for you.

Mine is restricted for six months versus suspended--but it's almost as bad, because I can't even buy groceries if I'm buying gas at the same place. (Apparently they let you buy gas. I'm not sure about oil changes--because I'll need one!)

Originally Posted by boyd888

You don't need special insurance. I'm assuming you just have to file a SR-22. That just means your insurance company has to send paperwork to the VA DMV proving you have a certain amount of liability coverage (which you may already have anyway) and they charge like $50 /yr to do it. You have to carry this SR-22 for a couple of years check your paperwork. When you call to add this to your insurance somebody like State Farm may drop you or raise your rates and you may be better of changing to Progressive or at least getting a quote somewhere else.

Thanks for the info. I'm already with Progressive--just switched about a month ago to get a better rate. My fear that they'll jack 'em up again is why I'm halfway thinking I might bite the bullet and bus it to work for six months, even though that will mean about four hours a day commuting.

[boyd888]

Originally Posted by Carlingtonian

Mine is restricted for six months versus suspended--but it's almost as bad, because I can't even buy groceries if I'm buying gas at the same place. (Apparently they let you buy gas. I'm not sure about oil changes--because I'll need one!)

Technically you are suspended and they immediately reissue it as a restricted which is why you have to go to the DMV to pay a reinstatement fee and get a new license. If you login to the DMV website it will probably say licensed and then have a bunch of codes for your restricted like A- To/From Work, B - To/From Church etc. If you don't take care of your stuff by the expiration of your restricted it will immediately go back to suspended. Definitely do not drive outside of those restrictions!

[Carlingtonian]

Originally Posted by boyd888

Technically you are suspended and they immediately reissue it as a restricted which is why you have to go to the DMV to pay a reinstatement fee and get a new license. If you login to the DMV website it will probably say licensed and then have a bunch of codes for your restricted like A- To/From Work, B - To/From Church etc. If you don't take care of your stuff by the expiration of your restricted it will immediately go back to suspended. Definitely do not drive outside of those restrictions!

So you're saying that even if I completely avoid driving at all for six months and thus don't get that additional insurance, I can't just get my license reinstated after those six months? That the system will assume I've been cheating and code it as suspended?

[boyd888]

Originally Posted by Carlingtonian

So you're saying that even if I completely avoid driving at all for six months and thus don't get that additional insurance, I can't just get my license reinstated after those six months? That the system will assume I've been cheating and code it as suspended?

Let me correct myself here - I'm not sure if it will say 'suspended' or just 'unlicensed.' Either way, yes, you have to pay the reinstatement fee at the DMV before you get your full driving privileges back. You don't get it back until you jump through all their hoops. You can check your "Compliance Summary" on the DMV website which will tell you what you have to do to get your license back (you may be required to have the SR-22 filed for a number of years).

[Carlingtonian]

Originally Posted by boyd888

Let me correct myself here - I'm not sure if it will say 'suspended' or just 'unlicensed.' Either way, yes, you have to pay the reinstatement fee at the DMV before you get your full driving privileges back. You don't get it back until you jump through all their hoops. You can check your "Compliance Summary" on the DMV website which will tell you what you have to do to get your license back (you may be required to have the SR-22 filed for a number of years).

OK, thanks. I knew I'd have to pay the reinstatement fee no matter what, but I was hoping I could avoid the SR-22 if I can find a way to not drive for that long--which might not be doable anyway.

Appreciate it.

[Flamingo13]

Sorry Carlingtonian (but we prob. all knew it was a matter of time - as to the SR-22, I believe it's required regardless of whether you plan to drive or not.

[Carlingtonian]

Originally Posted by Flamingo13

Sorry Carlingtonian (but we prob. all knew it was a matter of time - as to the SR-22, I believe it's required regardless of whether you plan to drive or not.

Thanks, Flamingo.

EDIT: It appears Virginia doesn't require an FR44 or SR22 for reckless driving: https://www.dmv.virginia.gov/commerc...ifications.asp

I will confirm this with the DMV, though.