Official Reckless Driving Thread (accredited, companies, locations) - Northern Virginia - Virginia (VA) - Page 40 - City-Data Forum

Bigfoot424 · 11-04-2011, 05:36 PM

You can ask for a reduction or you can take in a lawyer to fight it or let them plea. Nearly 40 over may be tough without a lawyer. As far as the possible incorrect code section the govt can make the amendment in court and you'll have the right for a continuance if they do. Personally if you were my son I'd tell him to hire an attorney.

OrionNeb · 11-04-2011, 07:31 PM

Quote:

Originally Posted by Bigfoot424

You can ask for a reduction or you can take in a lawyer to fight it or let them plea. Nearly 40 over may be tough without a lawyer. As far as the possible incorrect code section the govt can make the amendment in court and you'll have the right for a continuance if they do. Personally if you were my son I'd tell him to hire an attorney.

Thanks Bigfoot, I very much appreciate it. This is very much out of character for me, so I'm really sorta walking in the dark on the whole issue, having never been in trouble for anything before.

Would you recommend trying to get in touch with the assistant US attorney (who I'm guessing would be handling the issue, as I've been called to US district court) beforehand, or should I try to do it at the courthouse the day of my hearing? Should I ask the judge if he'd consider it when the hearing's going on?

Again, thank you for all your help.

Bigfoot424 · 11-05-2011, 03:58 AM

You can try calling the prosecutor but who knows if they'll talk to you ahead of time or not. Some will and some won't. If you're up in front of the judge you will be asked for a plea. They will want to hear guilty, not guilty or no contest. You can't go up before the judge to do your plea bargaining. You can plead guilty with an explanation and the judge will let you say something then but if he does't accept your explanation you've just accepted a RD conviction. You can always try talking to the prosecutor on the day of court and see what they will do. If you're not happy with the results ask for the continuance and get that lawyer.

Beenaroundabit · 11-05-2011, 08:55 AM

Quote:

Would you recommend trying to get in touch with the assistant US attorney

You can call the U.S. Attorney's Office and ask for the AUSA who is handling the petty offense docket. He or she will talk to you, but they won't have the power to dismiss anything and will certainly get the officer's take on it before trying to make any kind of "deal." Actually, the federal system views the "deal" for any federal violation as being able to pay the citation without having to go to court. Not that much of a break, but that's how they view it.

Going that far over the limit, you'll likely end up having to pay something.

OrionNeb · 11-05-2011, 11:51 AM

Quote:

Originally Posted by Beenaroundabit

You can call the U.S. Attorney's Office and ask for the AUSA who is handling the petty offense docket. He or she will talk to you, but they won't have the power to dismiss anything and will certainly get the officer's take on it before trying to make any kind of "deal." Actually, the federal system views the "deal" for any federal violation as being able to pay the citation without having to go to court. Not that much of a break, but that's how they view it.

Going that far over the limit, you'll likely end up having to pay something.

Oh, absolutely. I'm not trying to get out of paying everything. Really all I'm interested in is not having the RD on my record. Whatever fine they want to administer, I will (and of course should) pay. I'm just trying to gauge whether it will be possible for me to get out of this without the RD conviction.

Thank you both for the advice. I suppose my plan for next week will be to attempt to get in touch with the petty offense docket AUSA and ask him/her if it might be possible to negotiate a guilty plea and fine in the case without the reckless charge. If I can't get in touch with him/her beforehand, I'll show up early on my court date and try again then. If I can't get anything worked out beforehand, I'll likely ask for a continuance to get a lawyer.

Does that sound right?

Mikek2121 · 11-06-2011, 08:48 AM

Bigfoot, what if you mail in the fine (I was given that option)? Does it still apply that it will just be reported to the DMV as reckless driving to the DMV but will not give you a criminal record for those with a clean record?

Bigfoot424 · 11-07-2011, 04:10 AM

Quote:

Originally Posted by Mikek2121

Bigfoot, what if you mail in the fine (I was given that option)? Does it still apply that it will just be reported to the DMV as reckless driving to the DMV but will not give you a criminal record for those with a clean record?

Where was this that allowed you to mail in a fine for RD instead of showing up for court? I've never seen that in any of the NOVA courts. Also, if I may ask, what was the fine for mailing it in?

Jail time is possible (but extremely rare) hence the requirement for showing up. Jail time is waived in 99 % of the RD cases.

But to answer your question. If you were released on a ticket then it goes to DMV only.

Mikek2121 · 11-07-2011, 09:43 AM

I was pulled over on mile 11 on I 295 in the city of Hopewell, VA. I just realized I've posted in the wrong thread my apologies. 86 in a 70 which I would say my speed was much closer to a 82/83.

There is an option to call a number and find out how much the ticket is ( have not done that yet).

I understand mailing in the fine is an admition of guilt but it might be a better option if the fine is low because I am a NC resident, MD license (military) and Hopewell is almost 3 hours away. I am willing to appear if more beneficial though and could reduce my charge to speeding.

Tenkmeterz · 11-08-2011, 04:44 PM

Was wondering if anyone has experience goign through the Montgomery County court in Christianburg, VA.

I was clocked 86/70, guilty, just trying to get back home to Maryland from Tennessee and was sick of all the tractor trailors.

Seems to me that being pulled over on 81 on a windy day was just as reckless as my speed. Traffic was cruising at 75-80 so going 86mph wasnt like i was flying past everyone. Doesnt matter, i know, just my opinion.

Anyway, ive never been to court, have a clean MD driving record, 31 years old, have read this entire thread, and Id like to go WITHOUT a lawyer.

Bigfoot:

1. If i cant speak to the officer before court, or the prosecutor, when do i ask for a continuance?
2. Ive read on this forum that its possible to contact the officer by calling into his/her state police station? Is this advisable?
3. Its a 4 hour drive for me, would driving all the way there, instead of hiring a lawyer to show up for me, have any merit?

You have helped out a ton on this site, I appreciate it.

Beenaroundabit · 11-09-2011, 01:14 PM

Quote:

Really all I'm interested in is not having the RD on my record.

I would ask this question of the AUSA and see what they say. Some federal citations are not viewed as "convictions" per say. They refer to them as a "Forfeiture of Collateral," instead. Just a semantic difference, I guess, but they look at it like this: because you 'forfeit' (pay) some 'collateral' (the fine), they don't need to actually need to bring you to court for a trial and/or seek a conviction.

Depends a lot on the agency, of course, but as this is considered a petty offense, I don't see why it wouldn't be a FC.