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Old 08-01-2010, 07:47 PM
 
7 posts, read 10,733 times
Reputation: 10

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Last month, I got a reckless driving ticket when I traveled to Henrico County

It was about 9:30pm in the evening. I was new there so I made a wrong turn and entered the Three Chopt Rd, a narrow highway. It was dark and I was nervous so I drove very slow (about 38 mi/hr in the rd w/t speed limit 45mi/hr).

A car was a distance away from me. I didn't see anything special (turning light, emergency light, brake light), I assumed it was driving normally. I looked at the GPS to see what to do next. When I turned my eyes to the front, I found that the car was stopped just in front of me. I tried to step the break but it was too late. I hit the car on the back. Later, I knew that this car was waiting for another two front cars to turn left. My car's front part was out of the shape but the engine and the light still worked well. The other car had some dent on the back but not very serious. I was surprised that both car are in total loss. Luckily, the airbag didn't deploy and nobody was injured.

The police officer came and said it was my fault. He gave me a reckless driving ticket. I told him what happened, told him that I was not over-speeding, not making a phone call during the driving, not drunk or doing other improper. He explained to me that it is a rule to give a reckless ticket to the person who made the accident. I just need to go to the court and told the Judge what I told him, he thought the Judge would usually reduce it to careless driving.

Do you think the case is very serious that it is highly possible that I will be charged as reckless driving? Do I need to find a lawyer? If not, what should I say in the court? I am very nervous because reckless driving is considered a misdemeanor. I really need the suggestions. I appreciate all your kind help! [/font]

Last edited by weiweizhu; 08-01-2010 at 08:25 PM..
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Old 08-01-2010, 08:17 PM
 
10,864 posts, read 8,942,258 times
Reputation: 3940
LIS > Code of Virginia


Failure to control - You rearended another vehicle


46.2-852. Reckless driving; general rule.
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
(Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727.)
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Old 08-01-2010, 08:26 PM
 
7 posts, read 10,733 times
Reputation: 10
I checked the code already.

What should I do right now? Thanks!


Quote:
Originally Posted by NeilVA View Post
LIS > Code of Virginia


Failure to control - You rearended another vehicle


46.2-852. Reckless driving; general rule.
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
(Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727.)
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Old 08-01-2010, 10:33 PM
 
Location: Thornrose
845 posts, read 1,034,019 times
Reputation: 1169
I think the only option is to go to court and throw yourself on the mercy of the judge. Just because you were driving slower than the speed limit and had the best of intentions, you still took your eyes off the road which resulted in a crash. I don't think a cop anywhere in the US would have done any differently than this one. And second, if you are the one who rear ended someone else, you are automatically considered guilty. I know, because it happened to me. But you might want to get a lawyer to see if it's even worth fighting. You might be able to get the charge reduced.
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Old 08-01-2010, 11:42 PM
 
7 posts, read 10,733 times
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In you mind, I am highly possible to be charged as reckless driving? Even with a lawyer?

If you don't mind, could you please tell me your case? Thanks!
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Old 08-02-2010, 11:11 PM
 
Location: Thornrose
845 posts, read 1,034,019 times
Reputation: 1169
Quote:
Originally Posted by weiweizhu View Post
In you mind, I am highly possible to be charged as reckless driving? Even with a lawyer?

If you don't mind, could you please tell me your case? Thanks!
My case is/was slightly different in that it was a chain reaction car wreck involving 4 cars. The first car was a taxi who missed his turn and slammed on his brakes to make it. The 2nd car was a drunk driver who probably could have avoided rearending the taxi, but didn't even hit his brakes until he had come to a complete stop. The 3rd car was me, and everything happened so fast that I tried to swerve to miss the drunk, but caught a foot of his bumper. The 4th was my friend who was following me, and like me, everyhting happened so fast he crashed into me. My car was jacked up.

As far as being charged, I wasn't clear. The only guy who was charged out of us 4 was the drunk. I think the cabbie should have been as well, but wasn't. What did happen is my insurance was charged by the drunks which burnt me up. It was 2 thousand bucks! And even though I wasn't charged, just because I was behind him it made me automatically guilty to the insurance company. Ironically, my friend who hit me, his insurance paid me 2 thousand, and they subsequently dropped him. So with that I fixed my car for a thousand and was on my way again.

Sorry I wasn't clear, but because of my experience with the insurance company finding me responsible when it wasn't my fault and I did everything in my power to avoid it, and I wasn't charged, I figured since you were in fact distracted the judge might not be so leniant. Especially since you did receive a ticket.
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Old 08-03-2010, 10:43 AM
 
7 posts, read 10,733 times
Reputation: 10
Thanks for your information.
I think in you case, you were not responsible for any damage, but I should be blamed.
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