reckless driving? actual accident, not speeding. (insurance, lawyer, school)

[klatimer]

I just got in an accident earlier today, I ran into the back of someone's car. no one was hurt and there was almost no damage to either of the cars. traffic was already stop and go (it was rush hour), I glanced away for a moment, and his car was stopped and I ran straight into him. I was not going more than 10mph, and the cop said it was a fine line between a ticket for following too closely and a ticket for reckless driving, but when he asked I was honest and I said that he was at least nearly stopped. I have every intention of pleading guilty, I think there could be some debate as to whether he was really stopped, but as I said I was glancing away.

the cop made me extremely nervous, he said the judge could send me to jail, or he could just let me off. I would just have to wait and see. I got so nervous that I almost started crying.

I am a 17 year old girl, I have a perfect driving record, and I am usually very careful. this is actually more of a fender-bender gone wrong. but I am worried! I would hate to be fined, but I am more worried about losing my license or going to jail! I feel terrible for making such a huge mistake, and I am extremely grateful no one is hurt, but I honestly don't know what is going to happen to me legally. my court appearance is not for a month (the cop said he wanted to give me enough "time," for what I do not know. has anyone else been in a similar experience and can tell me what to expect?

[exhdo1]

Originally Posted by klatimer

I just got in an accident earlier today, I ran into the back of someone's car. no one was hurt and there was almost no damage to either of the cars. traffic was already stop and go (it was rush hour), I glanced away for a moment, and his car was stopped and I ran straight into him. I was not going more than 10mph, and the cop said it was a fine line between a ticket for following too closely and a ticket for reckless driving, but when he asked I was honest and I said that he was at least nearly stopped. I have every intention of pleading guilty, I think there could be some debate as to whether he was really stopped, but as I said I was glancing away.

the cop made me extremely nervous, he said the judge could send me to jail, or he could just let me off. I would just have to wait and see. I got so nervous that I almost started crying.

I am a 17 year old girl, I have a perfect driving record, and I am usually very careful. this is actually more of a fender-bender gone wrong. but I am worried! I would hate to be fined, but I am more worried about losing my license or going to jail! I feel terrible for making such a huge mistake, and I am extremely grateful no one is hurt, but I honestly don't know what is going to happen to me legally. my court appearance is not for a month (the cop said he wanted to give me enough "time," for what I do not know. has anyone else been in a similar experience and can tell me what to expect?

I'm not sure about VTL law in Virginia but if you were in New Jersey I would advise you to get a lawyer. Having been in law enforcement for 30 years in N.J. you probably would have gotten a careless driving summons. This is the way the law reads in New Jersey when it comes to reckless driving.

39:4-96. A person who drives a vehicle heedlessly, in willful or
wanton disregard of the rights or safety of others, in a manner so as
to endanger, or be likely to endanger, a person or property, shall be
guilty of reckless driving and be punished by imprisonment in the
county or municipal jail for a period of not more than 60 days, or by
a fine of not less than $50.00 or more than $200.00, or both.

As opposed to careless driving.

39:4-97 Careless Driving. A person who drives carelessly or without due caution and circumspection in a manner so as to endanger or likely to endanger person or property.

I would think Virginia VTL laws would read in a similar manner!

[average_joe]

I personally, very highly doubt that you would get anything more than a fine. Hell I just read in the paper about a woman pointing a gun in another woman's face and robbing her. Did she go to jail? Nope. She got deferred adjudication. I do agree with the other poster too. You should get a lawyer. You really shouldn't worry about going to jail, as I do not think that would happen.
Joe

[scirocco22]

I think it was a scare tactic on the cop's part.

I think you're correct when you say that it was nothing more than a fender bender. It was an accident. The type that occur many times a day all over the country. It's difficult for me to believe that if there was nobody hurt and very little damage to either vehicle that you'd be charged with reckless driving and thrown in jail. Sure, you're at fault and will be liable for damages but to be labeled a case of reckless driving is absurd in my opinion. It was an accident, you were not woefully negligent in your actions as far as I'm concerned.

If you had slammed into the car at 30 mph or more and there was lots of damage and personal injury, then it would obviously be a different story but with little property damage and nobody hurt, I'd be very surprised that it could be considered reckless driving. As exhdo has cited, you were not "driving a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property."

Keep us posted. I'll be very curious as to what the outcome of this is. What are your parents saying about it?

[klatimer]

well my mother was recently in a similar accident but she was charged with driving closely, so she understands how I feel. I think she was planning on talking to her lawyer to see what he thinks we should dp. if I get a lawyer should I plead not guilty? I don't understand what I would say if I did? I don't think I was being careless, but I his car WAS basically stopped and I did run into him.

I also know the person who I ran into, relatively well, he is someone from my school. he is not exactly the nicest person on the planet. if I plead not guilty and they call him in I am not sure what he would say (even though it would honestly have no affect on him how I am charged seeing as to the fact that the little scratch on the back of his car is going to be "fixed" anyways.)

[scirocco22]

Seeing how you're feeling about this situation, it would probably be a good idea to get a lawyer in order to help you get the least amount of consequence as possible. Sometimes a case can be thrown out on a technicality and an attorney would at least be familiar those loopholes. You'd still be liable for any damages but what you want is the least amount of consequence pertaining to your driving record.

Like I say, you want to come of of this with the least possible consequence because of your driving record and the effect that it will have on your insurance rates. I'm thinking having a lawyer assist you will help you in this endeavor. It will take some of the pressure off of you and your worrying about pleading guilty or not guilty. Let him/her advise you how to plead.

[klatimer]

Originally Posted by scirocco22

Seeing how you're feeling about this situation, it would probably be a good idea to get a lawyer in order to help you get the least amount of consequence as possible. Sometimes a case can be thrown out on a technicality and an attorney would at least be familiar those loopholes. You'd still be liable for any damages but what you want is the least amount of consequence pertaining to your driving record.

Like I say, you want to come of of this with the least possible consequence because of your driving record and the effect that it will have on your insurance rates. I'm thinking having a lawyer assist you will help you in this endeavor. It will take some of the pressure off of you and your worrying about pleading guilty or not guilty. Let him/her advise you how to plead.

thank you very much for your advice! I am definitely going to talk to a lawyer about this whole situation. I would definitely feel more comfortable relying on someone who knows what they are doing.

[540_804]

klatimer.

I know its too late for this..

But if you get into a similar situation as this again (what Im about to say is not a joke, at all) just cry.

Seriously.

I have many many female friends get out of small situations with police officers just by crying. Im not saying go all out into a phony lie to con your way out of the situation. But if you're close to tears, just let it out. LOL. And apologize alot. Even if you have no clue what you're apologizing for.

Just a friendly suggestion.
Take it with a grain of salt.

[mrrumples]

Lawyer or no lawyer, you won't go to jail. If your record is clear, if you are in school w/good grades, you will be advised to plea guilty and the Judge will decide on fines, driving school or whatever. (The Judge could just say take class and stay clear for a year and the event will not go on your record.) Whatever you do, when going to court, wear business attire; impression counts. The worst thing will be the increase in insurance and those outrageous fees the General Assembly imposed last years. Ouch!