Reckless Driving (Generally) for an Accident in VA (Woodstock: 2013, insurance) - Northern Virginia - Virginia - City-Data Forum

thegrove45 · 08-17-2017, 01:20 PM

Hello,

I got a Reckless Driving (Generally) ticket earlier this summer for an accident that I caused. I ended up rear-ending a car which caused a domino effect pushing it into a small pickup truck. I was not speeding either, so that is not a factor. I told the officer that the sun was in my eyes, so I went to put down my visor and apparently traffic had buckled again (aka, stopped) and I ending up hitting. That stretch of road is known to have a "rubberband" effect (goes then stops all of a sudden then goes, etc.). I am VERY ashamed of causing an accident that and VERY remorseful. I have been in complete agony since causing the accident and constantly beat myself up for it (not looking for sympathy from others).

I have retained a lawyer, completed the 12-hour DIP class (8 hours DIP and 4 hours for Reckless/Aggressive driving), already received +5 points on my record (new balance is +01), and are currently volunteering at community organization.

I noticed that my driving record has the following: 1 speeding ticket (10-14 mph) in SC from 2013 and a speeding ticket (15-19 mph) in VA from 2016. I have completed ALL tasks my lawyer suggested (not the volunteering, I started that on my own). The SC speeding ticket will be falling off my record in about 6 months. The VA speeding ticket I have 4 more years.

What is the likelihood that my ticket will be reduced to Improper Driving or something lower? I am okay if they suspend my license for 6 months or so but cannot bear to have a misdemeanor on my record.

Also, to note, the Police Report stated inaccurate information which I pointed out to my lawyer. There is a section called Obscured Vision. It lists a bunch of items, such as clear conditions, rain, fog, snow, etc. #12 on that list is sun glare. The report states that I had no obscured vision, which is incorrect. The sun was in my face, that is why I went to put the visor down and did not notice that traffic had stopped. I am not sure how much this is going to help me but I did get a diagram of the sun's exact position (date/time/GPS coordinates) of where the accident occurred and gave it to my lawyer. Can he use that as evidence?

ChristineVA · 08-17-2017, 02:04 PM

Only opinion but I think with your lawyer and the facts at hand, you will very likely get the reckless reduced. I'm actually surprised that reckless was tagged on to this considering that speed or texting or some other irresponsible act was not noted.

thegrove45 · 08-17-2017, 02:06 PM

Thank you for your opinion. I value anyone's opinion, good or bad! It was an unfortunate thing that occurred. There was no speeding or texting involved.

Bigfoot424 · 08-19-2017, 02:02 AM

Reckless Driving is a catch all charge for crashes. Someone did something wrong and this charge is typical when something more specific can't be used. Very rarely though is anyone ever convicted of RD in these cases. It will be reduced. Hate to say it but it would have been reduced even without an attorney.

notreckless0 · 06-04-2020, 02:53 PM

Hi All,

I am F, 22. I have spent a good amount of time reading this thread and would appreciate some advice from you all. I was driving on I-81 near Woodstock, VA at about 65 mph at around 6 am. It was raining very hard and I ended up hydroplaning and totaling my car. Along with the ambulance and firetrucks, a state trooper also showed up. He was very nice to me, asked me the details of what happened, wrote up a police crash report for my insurance, and then proceeded to give me a reckless driving ticket (Uniform Virginia Summons). He said he did not want to, but it was law and he had to.

I called up a local lawyer for a free consult. He said he would be able to drop the charges down to improper driving during the course of two hearings, and that he knew the judge and the trooper well. It would be $1200 to cover everything.

I was wondering if I needed a lawyer or if I could I go in by myself? If I do, what do I say/do in order to get it down to improper driving by myself? I have a clean driving record.

I realize my mistake, I should have slowed down considerably more due to the rain, but I was trying to follow the speed of traffic which was still passing by me. Ideally I would want the charges dismissed, but after reading the thread, I am not sure if pleading not guilty is smart. I really want to avoid a criminal record because I truly believe I made a mistake and did not commit a crime.

I appreciate any help/advice that can be given. Thank you!

Flamingo13 · 06-04-2020, 03:05 PM

Well - it was improper/reckless driving if conditions were that bad

Bigfoot424 · 06-05-2020, 03:51 AM

Quote:

Originally Posted by notreckless0

Hi All,

I am F, 22. I have spent a good amount of time reading this thread and would appreciate some advice from you all. I was driving on I-81 near Woodstock, VA at about 65 mph at around 6 am. It was raining very hard and I ended up hydroplaning and totaling my car. Along with the ambulance and firetrucks, a state trooper also showed up. He was very nice to me, asked me the details of what happened, wrote up a police crash report for my insurance, and then proceeded to give me a reckless driving ticket (Uniform Virginia Summons). He said he did not want to, but it was law and he had to.

I called up a local lawyer for a free consult. He said he would be able to drop the charges down to improper driving during the course of two hearings, and that he knew the judge and the trooper well. It would be $1200 to cover everything.

I was wondering if I needed a lawyer or if I could I go in by myself? If I do, what do I say/do in order to get it down to improper driving by myself? I have a clean driving record.

I realize my mistake, I should have slowed down considerably more due to the rain, but I was trying to follow the speed of traffic which was still passing by me. Ideally I would want the charges dismissed, but after reading the thread, I am not sure if pleading not guilty is smart. I really want to avoid a criminal record because I truly believe I made a mistake and did not commit a crime.

I appreciate any help/advice that can be given. Thank you!

1200 is high. Call more lawyers if you feel you want one. BTW. There is no law saying he has to charge you. That is just VSP policy. But in reality you cannot be convicted if there are no witnesses and you do not testify. Unless of course you said all this to the trooper.

That said. I would go to court alone and speak to the commonwealth attorney. If they won't talk to you then when you go before the judge they'll ask your plea. If you admitted to the trooper you were at fault then plead guilty and ask for a reduction to improper driving and a minimal fine. Court costs are mandatory. If it appears the hearing is not going to go your way then ask the judge immediately to withdraw your plea and you need a continuance for an attorney. I'm willing to wager it will not come to this.

notreckless0 · 06-05-2020, 09:24 AM

Quote:

Originally Posted by Bigfoot424

1200 is high. Call more lawyers if you feel you want one. BTW. There is no law saying he has to charge you. That is just VSP policy. But in reality you cannot be convicted if there are no witnesses and you do not testify. Unless of course you said all this to the trooper.

That said. I would go to court alone and speak to the commonwealth attorney. If they won't talk to you then when you go before the judge they'll ask your plea. If you admitted to the trooper you were at fault then plead guilty and ask for a reduction to improper driving and a minimal fine. Court costs are mandatory. If it appears the hearing is not going to go your way then ask the judge immediately to withdraw your plea and you need a continuance for an attorney. I'm willing to wager it will not come to this.

Thanks for your response!

I don't completely remember what the trooper asked me, but he did pop into the ambulance for a couple of seconds and asked how fast I was going. I told him I did not remember because it happened so fast but I was travelling between 65-75 the whole time. I do not remember giving a statement as such, unless anything I said to him during the time was my statement.

If I were to go into the court and plead not guilty, what will happen?
I talked to a friend and she got into a domino car accident where she rear ended the second car in the chain and got a ticket for following too closely by the trooper. She went in and pleaded not guilty, explained that she was 3 car distances away, it happened too fast, and it was not her fault. Her charges were dismissed. Is this a possibility for me? Or is my best bet to go in, plea guilty, and get the charges reduced?

Bigfoot424 · 06-05-2020, 11:48 AM

Quote:

Originally Posted by notreckless0

Thanks for your response!

I don't completely remember what the trooper asked me, but he did pop into the ambulance for a couple of seconds and asked how fast I was going. I told him I did not remember because it happened so fast but I was travelling between 65-75 the whole time. I do not remember giving a statement as such, unless anything I said to him during the time was my statement.

If I were to go into the court and plead not guilty, what will happen?
I talked to a friend and she got into a domino car accident where she rear ended the second car in the chain and got a ticket for following too closely by the trooper. She went in and pleaded not guilty, explained that she was 3 car distances away, it happened too fast, and it was not her fault. Her charges were dismissed. Is this a possibility for me? Or is my best bet to go in, plea guilty, and get the charges reduced?

Keep in mind that once you plead not guilty there will be a trial. It's a chance you'll have to decide on for yourself. But once it starts you'll either hear guilty or not guilty from the judge and there will be no continuing it for a lawyer. If you can talk to the commonwealth attorney first, assuming one is assigned to the courtroom, then ask them and see if they will answer. You can say it's a one car crash with no witnesses and no one hurt but you and see how they respond. You may have to wing it and see how you'll handle it at the last minute based on what you learn while talking to those involved. Maybe even ask the trooper if he will support the case being nolle prossed. (Basically thrown out but can be brought---which never happens in these kind of cases)

notreckless0 · 06-05-2020, 12:25 PM

Quote:

Originally Posted by Bigfoot424

Keep in mind that once you plead not guilty there will be a trial. It's a chance you'll have to decide on for yourself. But once it starts you'll either hear guilty or not guilty from the judge and there will be no continuing it for a lawyer. If you can talk to the commonwealth attorney first, assuming one is assigned to the courtroom, then ask them and see if they will answer. You can say it's a one car crash with no witnesses and no one hurt but you and see how they respond. You may have to wing it and see how you'll handle it at the last minute based on what you learn while talking to those involved. Maybe even ask the trooper if he will support the case being nolle prossed. (Basically thrown out but can be brought---which never happens in these kind of cases)

I see. If I plead not guilty, can I during my explanation at the end ask for reduced charges if the judge and officer find me guilty or is that no longer on the table?

I have the troopers number, and he seemed nice and gave me his contact info. Do you think it's a good idea to call him now and see what he thinks I should do?

I also read online that I could plea guilty and ask for a defective equipment / non moving violation charge to save me from getting points. My reasoning would be that I was being cautious and driving safely. Hydroplaning can occur at any speeds above 40 mph according to online sources. The VA drivers ed manual does not specify a speed but instead just weather conditions. According to this, I would not have been able to prevent hydroplaning without driving dangerously slow on the highway or not driving at all due to bad weather. RD, improper driving, and speeding are all behavior related, but I was trying to be cautious. The only reason I could think of why I would hydroplane would be that my tires weren't good enough since I was going to get them changed in a month. Can I do this? Or should I skip all that, plea guilty and ask them to reduce to improper driving?