General "Reckless Driving" Ticket Question (Leesburg, Fairfax: insurance, credit)

[thebrood78]

Definitely not a minor, I'm 27, good driving record.

[novahousehunter]

Originally Posted by thebrood78

Definitely not a minor, I'm 27, good driving record.

Oh, sorry, my mistake! I confused you with the guy a few posts down who got the reckless for excessive lane changes. Recurring theme on this board . . .

My experience--I have been to traffic court 2x, without a lawyer, and have come out well. First time was an improper merge that I contested (didn't plea bargain with the DA--really felt I was correct) and they dropped it. 2nd one was 40 in a 25 (speed limit dropped for about a mile on that road--completely my fault) and they threw it out for online traffic school because of my record.

I know reckless is potentially more costly, so maybe worth a lawyer, though most of the lawyers I saw in court were for even more serious offenses (DUI, major accidents) so I don't think you'd be in the wrong to go it on your own.

[DC_Titan]

First and foremost understand that a reckless driving conviction is a class 1 misdemeanor (same as some assaults, possession of marijuana etc). It has a hefty 6 pts on your driving record, it doesn't go away for 11 years, you could serve a small amount of jail time (probably not for what you did) and you must tell prospective employers you were convicted of a crime when applying for a job (unlike regular speeding tickets). So decide if you want to pay lawyer, who if can't really fight the charge, at least knows the systems, the ada (they deal with them every day), and are generally good at negotiating.

With saying all that, you can indeed go to Court on your own and make a deal with the ADA (assist district attorney). Assuming you do have a good drivers record (this is your first ticket in a number of years), take a drivers education class on-line prior to going to Court (get a copy of your completion) and also go to the DMV and get a copy of your drivers record (which I think costs $12). For each year you have lived in VA you get +1 positive points on your driving record (to a max of +5). If you give both of these to the ADA, he should plead the case down to regular traffic ticket.

[oneasterisk]

Wow they must have changed the point system 'cause mine didn't stick around for 11yrs!

Commonwealth of Virginia Department of Motor Vehicles

[Bigfoot424]

Originally Posted by thebrood78

I have not been to traffic court down here yet. In order to talk to the Commonwealth Attorney/Prosecutor, do I need an attorney? I'd assume I can handle it myself, and at least save the cost of an attorney.

Retired cop here. I would definintely get there a little early and seek out the commonwealth attorney. Take a copy of your driving record, especially if it's a good one. The prosecutors want to make as many deals as possible so court doesn't drag on all day long and Reckless is an easy one. It can easily be reduced to Improper Driving and quite often is.
Good luck.

[NSX]

Originally Posted by Bigfoot424

Retired cop here. I would definintely get there a little early and seek out the commonwealth attorney. Take a copy of your driving record, especially if it's a good one. The prosecutors want to make as many deals as possible so court doesn't drag on all day long and Reckless is an easy one. It can easily be reduced to Improper Driving and quite often is.
Good luck.

Agreed with the statement above.

Please get a lawyer and don't try to take this on yourself. Especially one who is local to the area you were stopped and who has some experience in traffic law. If you can't get rid of it completely, it's almost certain you can get this ticket reduced. In Virginia, I am pretty sure "reckless driving" is still a misdemeanor, so spend a penny now to save a dollar later.

[Bigfoot424]

Originally Posted by NSX

Agreed with the statement above.

Please get a lawyer and don't try to take this on yourself. Especially one who is local to the area you were stopped and who has some experience in traffic law. If you can't get rid of it completely, it's almost certain you can get this ticket reduced. In Virginia, I am pretty sure "reckless driving" is still a misdemeanor, so spend a penny now to save a dollar later.

Maybe my law enforcement background gives me the confidence to say this but I'd go the route without a lawyer first. If the CA won't work with you then you have the right to ask for a continuance then obtain a lawyer. In this area the driving would have to be pretty bad and severe for a CA not to reduce it to improper driving.

[thebrood78]

Thanks everyone for their input on this. The one question I have from reading all these is: when it comes to the online course...should this be taken in advance of the court hearing, or should I wait until meeting with the CA, presenting him my record, and then saying I would be more than willing to take a course?

[Bigfoot424]

Originally Posted by thebrood78

Thanks everyone for their input on this. The one question I have from reading all these is: when it comes to the online course...should this be taken in advance of the court hearing, or should I wait until meeting with the CA, presenting him my record, and then saying I would be more than willing to take a course?

Like I said. You can always ask for a continuance if things don't go your way. Go speak with the prosecutor and ask for a reduction. He'll ask the officer what happened then make the decision from that. Unless you did something really serious it will be reduced to improper driving or maybe something even less.
I didn't think you could take the course without going to court but this could have changed.

[thebrood78]

As a follow up...the hearing was today:

Damage was 3 points on license, and $50 fine...

now does anyone know if there is an online driving school that is recognized in Virginia to get some of these points back?