U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Virginia
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 08-01-2010, 07:59 PM
 
7 posts, read 16,361 times
Reputation: 10

Advertisements

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]
Reply With Quote Quick reply to this message

 
Old 08-02-2010, 01:58 PM
 
1,461 posts, read 1,285,884 times
Reputation: 790
I personally am friends with two people who received wreckless driving tickets (Chesterfield and Hanover); one got it dismissed not using a lawyer - she had to go back to court six months later and have the judge look to be sure she had no more convictions - and the had her's reduced, again without a lawyer. It depends on the judge (some won't let anyone off for anything), your record and your behavior in court. Most Va. courts will ask those who plead quilty in traffic cases to go in one line, those who say they are innocent in another. Those pleading guilty will have their driving record reviewed by the judge who may then ask if you have anything to say. That is when you can say you have a clear driving record and can you go to class or something. Perhaps you can talk it down to failure to pay full time and attention. It has been a long time since I had to deal with the Code of Va., but look through 46.2, Chapter 8. Here is a link: LIS > Code of Virginia

You can also call and speak with the county's Commonwealth's Attorney or Assistant Commonwealth's Attorney and tell what the officer said. In this case, he should never had told you that you might be able to plead it down.

When you go to court be sure to wear conservative business attire (meaning coat and tie, sports coat with dress pants, or for a woman, a suit or a dress below the knees and no breasts showing).

You may want to post this in the Richmond thread to see if any Henrico readers have had experience. Three Chopt can be very confusing in places even in the daylight.

Last edited by newhandle; 08-02-2010 at 02:06 PM..
Reply With Quote Quick reply to this message
 
Old 08-02-2010, 05:55 PM
 
7 posts, read 16,361 times
Reputation: 10
Thank you very much for your suggestion!

I got an ticket this Feb. I turned left in the corner with a sigh " no left turn" because it was very late at night and it was snowing heavily so I didn't notice the sign. I forgot the court date so I was automatically considered guilty. Therefore, my record is not clean.

Can I just plea no guilty and tell the whole thing to the Judge. I think basically it is because I lacked of experience, I made a wrong judgment on the other car's situation. I can make it up by going to the traffic school. I may be guilty of improper driving but not reckless driving. (actually I was very careful at that time. I don't know why I was just suddenly out of my mind)

Do you think my augment is strong enough to let the judge reduce the charge? I really appreciate your help!



Quote:
Originally Posted by newhandle View Post
I personally am friends with two people who received wreckless driving tickets (Chesterfield and Hanover); one got it dismissed not using a lawyer - she had to go back to court six months later and have the judge look to be sure she had no more convictions - and the had her's reduced, again without a lawyer. It depends on the judge (some won't let anyone off for anything), your record and your behavior in court. Most Va. courts will ask those who plead quilty in traffic cases to go in one line, those who say they are innocent in another. Those pleading guilty will have their driving record reviewed by the judge who may then ask if you have anything to say. That is when you can say you have a clear driving record and can you go to class or something. Perhaps you can talk it down to failure to pay full time and attention. It has been a long time since I had to deal with the Code of Va., but look through 46.2, Chapter 8. Here is a link: LIS > Code of Virginia

You can also call and speak with the county's Commonwealth's Attorney or Assistant Commonwealth's Attorney and tell what the officer said. In this case, he should never had told you that you might be able to plead it down.

When you go to court be sure to wear conservative business attire (meaning coat and tie, sports coat with dress pants, or for a woman, a suit or a dress below the knees and no breasts showing).

You may want to post this in the Richmond thread to see if any Henrico readers have had experience. Three Chopt can be very confusing in places even in the daylight.
Reply With Quote Quick reply to this message
 
Old 08-02-2010, 06:12 PM
 
1,461 posts, read 1,285,884 times
Reputation: 790
Don't know the answer; no one will until the court date. Judges are use to looking at 5,10 and 15 page transcripts of driving records. Go ahead and contact DMV at www.DMVnow.com and get yours to see what it looks like, or go to a Customer Service Center and get it for a few bucks. Your's is most likely one page. Maybe the court screwed up on the first conviction and it is not even on your record.

You have nothing to loose by calling the Henrico Commonwealth Attorneys's Office. The folks I mentioned both pled guilty. I'd move this post to the Richmond thread; maybe someone in Henrico can shed some light on the traffic judges.
Reply With Quote Quick reply to this message
 
Old 08-02-2010, 09:45 PM
 
7 posts, read 16,361 times
Reputation: 10
I did post a thread there. People seem quite pessimistic on the case.
Again, thanks for your help!
Reply With Quote Quick reply to this message
 
Old 09-27-2010, 10:43 AM
 
211 posts, read 747,011 times
Reputation: 94
It seems that it is SOP in VA for cops to issue a reckless ticket to the party they feel is at fault in an accident. If you think you are competent enough to go to court to fight the ticket, go for it. Here's one thing to do: When the judge asks you what your plea is, ask him in a respectful tone if a conviction on this charge will result in a criminal record. If you don't like what you hear, ask for a continuance to hire a lawyer to represent you. Good luck.
Reply With Quote Quick reply to this message
 
Old 09-28-2010, 07:00 AM
 
1,519 posts, read 1,875,450 times
Reputation: 1609
This thread may be too old but there is case law that states the mere happening of an accident doesn't mean you were driving recklessly. Using your phone may hurt you with the argument that you weren't driving recklessly. The commonwealth's attorney may reduce it to improper driving if you agree to plead guilty to that. The accident doesn't sound serious. And remember, if you are convicted of reckless driving, you can always appeal to circuit court and you get a whole new trial and may get a better result. Even if you plead guilty to reckless driving, you can appeal. Your biggest concern will be your insurance rates going up. Good luck.
Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2016 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Virginia
Similar Threads
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top