Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Contact the commonwealth attorneys office at 703 792 6050 and explain the situation and talk to them about a continuance to the summer months. That's kind of far out so they may not agree to go that far but it doesn't cost anything to ask. As far as the charge I would personally go into court and speak to the prosecutor, not the judge, and ask for a reduction to speeding or improper driving. If they don't agree to it then you have a decision to make. If you plead guilty then you will be found guilty of RD. Or hire an attorney. In PWC you will be given a chance to speak with the prosecutor on the day of court.
Could you please advise me on what to do for my situation? I would really appreciate your advice, given your experience and helpfulness in past posts.
I've been reading this forum for the past few nights in sleepless terror... I am 19 years old (20 soon) and I got my first driving offense ever at 9am on 1/1 while driving on I-81 from NOVA to Massanutten. I was driving my friend's car (who was napping) and had been driving for about 2 hours when I noticed lights behind me. The officer was tailgating me, which led me to suspect he had been following me for maybe 20 seconds, but I'm not sure.
He pulled me over and asked me "did I have a reason for speeding" and in the spur of the moment, I was both unable and unwilling to make an excuse, so I simply said no. I don't believe I was impolite but not really sure how I came across to him.
My court date is scheduled for the end of February and I attend college in NYC, so I will have to travel a fair amount to come to court. My main concern is that I was speeding at 90 (seems to be an iffy speed to negotiate with) and right at 20mph above the speed limit. Do you think I should hire a lawyer to represent me? If not, what should I say in court without sounding like I'm giving too many excuses (it was early, i had been driving a couple hours on a straight road, etc)? Also, how does this affect insurance if I'm only indirectly covered under my parents auto insurance?
Thanks so much for your help!
--highlander22
p.s. I have a clean driving record (+3 pts) and am a resident of Northern Virginia. Traveling down for court is not a major concern. However, conviction of RD is, and that's closely followed by money concerns. Thank you again!
90 seems to be a magic number with many judges although I am not even sure what court system you're talking about. At 90 I believe it prudent to hire an attorney and let them work for you as you might need it. Without one I think you might regret it.
It is the Shenandoah County court in Woodstock, VA. Why is it that people who speed in excess of 30mph of the speed limit would be okay while I'm speeding 20 on a faster road... So there is little hope of going without an attorney even with a clean record?
Also just wondering, what is the difference between pleading "no contest", "guilty", and "not guilty", especially if you would like to be able to explain yourself?
It is the Shenandoah County court in Woodstock, VA. Why is it that people who speed in excess of 30mph of the speed limit would be okay while I'm speeding 20 on a faster road... So there is little hope of going without an attorney even with a clean record?
Also just wondering, what is the difference between pleading "no contest", "guilty", and "not guilty", especially if you would like to be able to explain yourself?
Thanks for the advice!
I am not familiar with the court system in Shenandoah Co so I can't answer with certainty. But 90 mph, in my opinion, seems to be the limit where many judges are least lenient. It may or may not make any difference with your judge. You can always go to court and try to deal with the prosecutor but I don't know the system there so this may not work. If you can't make a deal you can always ask around and see if a local attorney already there can help you but of course this will cost you. Or you can get a continuance to hire a lawyer.
No Contest is just another way of pleading guilty but without admitting guilt. You're admitting the state has enough evidence to convict you but you don't admit to anything. If you plead guilty with an explanation the judge will likely allow you to speak but the judge certainly doesn't have to reduce the charge and if he doesn't you'll now have to appeal to Circuit Court.
I got pulled over by an officer in the Shenandoah Valley on Dec 23rd.
The officer was at the bottom of a hill, shooting his radar up. I saw him immediately, i knew i was going over 70mph, so I just pulled over without him even coming after me. Officer said, " I clocked you at 90mph", I said "90?"
I couldn't believe it but it's my word against him and his radar. Officer hands me a summon and writes 99mph,...so dumb founded, i couldn't even protest.
You can imagine that it had been on my mind till today.
Before I go on, some advice...DO NOT DRIVE OVER THE SPEED LIMIT UNLESS IT'S A REAL EMERGENCY, AND I DON'T MEAN YOU NEED TO TAKE A ****.
For those of you who are international like myself, remember that the USofA is not your country. American's might be able to deal with a reckless driving charge but you cannot. You go for a visa interview and it'll come up as a criminal charge.
Anyway, so I hired a lawyer, thinking he was any good. He said he knew the officers personally, knew the judge, etc. The lawyer charged $750, first payment on the 28th and the second on the 25th (yesterday). After the first payment, it was impossible to reach the lawyer. Till today, I had only spoken to him twice....twice in a month?? I called almost every other day and left a message but...never heard anything back. I send documents but received no feedback. Eventually I got fed up and fortunately spoke to the investigator...the investigator was very helpful, and i think he would have made a good lawyer to be honest.
Yesterday, day be fore the court date (today) i called the lawyers office and asked why i haven't even heard from the lawyer even though my case was the following day. The excuse as usual was he's with another client. I called after his meeting with that client and i still could not speak to him. I ended up speaking to an associate. I asked the associate if the lawyer would appear with me at court, and the answer was Yes! I'm the only person he's representing on that day.
Fast forward to today, I go to court, looking for my lawyer, but approached by this other gentleman who said my lawyer was handling another case in a different court. I was baffled...I asked why i was told yesterday that he would be the one appearing? My day couldn't have started worse!
This new attorney, who I believe is associated with the court, said he would suggest a continuance since the judge is a tough judge and the CA is seeking jail time. I asked him if he'd even showed them my clean driving record, my speedo calibration, my three stellar character references, near perfect transcript (gpa), bill of sale of my car....these were documents that I made available to the attorney and they didn't have the copies in my "file".
I explained that i would not agree to a continuance....i had been warned against it....lawyers make more money out of it, recurring source of revenue. Imagine this, I paid $750 to get a continuance....seriously? Anyway so the new lawyer goes to the CA to make a deal, he comes back and says Reckless Driving with $500 fine and suspended sentence. He said....either you take this deal or face the judge and the judge would definitely put you in jail. I was shocked...the lawyer who is supposed to be defending me has no confidence in the case...why take this case then? My hearing got delayed for about 1 hour because i couldn't decide...i didn't know what to do...time was running out.
I finally mustered enough courage to face the judge. Why? Well he seemed to be reasonable from the cases that went ahead of me. I explained to him the circumstances, presented my documents...my lawyer stood right by me but didn't even attempt to make any tangible argument. I did 70% of the talking...this guy knew absolutely nothing about my job, the fact that my company would be sending me abroad in a week...he knew nothing. I pleaded with the judge...he was happy with my driving record, noted that i had passed the driver improvement course, my lawyer failed to present my references, he didn't even want to present the speedometer calibration, the judge however asked about it and i presented it and explained. He asked if i had fixed the calibration, but i explained that i had not since i sold the car, and that i included a note to the buyer explaining that it would be in the best interest of fellow drivers and pedestrians that they re-calibrate their speedometer. The judge was impressed with the bill of sale. He delayed the judgement until he had finished with all the other cases.
The judge calls me back up. He says my case is unique, and that he knows i've learnt from this incident. He also said I had a bright future and he didn't want to ruin it with a reckless conviction so......IMPROPER DRIVING $500 FINE. I was so thankful i even broke into tears...my lawyer....hmmmm.
Regarding lawyers...did my lawyer help...No. Would a lawyer help? I guess a good lawyer would? How would you find a good lawyer? I guess some type of new post can be created for that...list of recommended lawyers.
Long story short....DO NOT DRIVE ABOVE THE SPEED LIMIT....i was fortunate, especially since my lawyer was no good, and the judge was very reasonable and lenient. Guys, please don't get yourself in this situation. A reckless conviction will follow you for life. If you're like me and you like everything squeaky clean, don't mess around to potentially get a reckless!!!
Before I go on, some advice...DO NOT DRIVE OVER THE SPEED LIMIT UNLESS IT'S A REAL EMERGENCY, AND I DON'T MEAN YOU NEED TO TAKE A ****.
For those of you who are international like myself, remember that the USofA is not your country. American's might be able to deal with a reckless driving charge but you cannot. You go for a visa interview and it'll come up as a criminal charge.
That has to be the most ... advice ever!!
Basically you are saying " if you are a foreigner, don't drive over the speed limit because you will have a problem getting a US visa"? How about using that peanut-sized brain of yours to consider that by driving over the speed limit you put your life and others' lives in danger?! Isn't that a reason good enough to drive safe and make your supposedly "bright" future a "long, healthy" future?
Last edited by FindingZen; 01-27-2012 at 06:47 AM..
Reason: profanity, even when it is self-censored, is still against the TOS
Basically you are saying " if you are a foreigner, don't drive over the speed limit because you will have a problem getting a US visa"? How about using that peanut-sized brain of yours to consider that by driving over the speed limit you put your life and others' lives in danger?! Isn't that a reason good enough to drive safe and make your supposedly "bright" future a "long, healthy" future?
Did you read the part that said " do not drive over the limit unless you have an emergency?" Please be sensible. I go on to advice foreigners that if they get busted for reckless driving, it could ruin their lives....i doubt you understand any of that. If you want to add on to my message and say "True but it's important to keep in mind the safety of motorists" I think that would add more value to the subject. There is no need for name calling or belittling in here. "peanut-sized brain"...really? For making a general statement on Reckless driving? Twice in the post i've reiterated that "DO Not Drive Over the Limit" but you still feel the need to say something hostile, rather than productive? SMH.
Basically you are saying " if you are a foreigner, don't drive over the speed limit because you will have a problem getting a US visa"? How about using that peanut-sized brain of yours to consider that by driving over the speed limit you put your life and others' lives in danger?! Isn't that a reason good enough to drive safe and make your supposedly "bright" future a "long, healthy" future?
"Before I go on, some advice...DO NOT DRIVE OVER THE SPEED LIMIT UNLESS IT'S A REAL EMERGENCY, AND I DON'T MEAN YOU NEED TO TAKE A ****.
For those of you who are international like myself, remember that the USofA is not your country. American's might be able to deal with a reckless driving charge but you cannot. You go for a visa interview and it'll come up as a criminal charge."
Here is the quote again. No need for such comments please.
Where do I mention getting a US visa? I'm talking about getting a visa anywhere...and the fact that a reckless would affect you someone for your entire life. Please let's be civil. I don't appreciate such comments.
Thank you.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
RD 90/70 in Shenandoah
