Reckless Driving / Out of State Student / Please Help! (Louisa: insurance, lawyer)

[thevossou]

Hello.

I was driving from Virginia to Massachusetts 3 weeks ago and while on I-64 heading westbound, I was pulled over for Reckless Driving. It was because I was driving 84 MPH in a 70 MPH zone. It was sunny, 1:15PM and barely anyone within 400 meters of my car on the highway. I wasnt usually going 84, just at that time, i think I was going downhill and I was making sure my speed was level at 70 the whole way. My court date is in 1 week and the court is in Louisa, VA. The violation is of the state. I have an internship starting next week in MA so even if I could physically somehow get to Louisa, VA, I couldn't take a whole day off. I was writing my Written Appearance Letter defending my case and saying anything about the issue but apparently its a Plea of Guilty so I dont know how well it will help my case. I dont want a criminal offense on my record. I am a full time student and I will be graduating one year from now. I cant afford to have any of this on my record. I was thinking of getting an attorney to defend my case, but I cannot be there for it. What do you guys suggest? I'd prefer to pay as less as possible for an attorney but ill do anything to make sure that I get nothing on my record. Please Help!

[donniemac30605]

In Virginia, reckless driving usually requires you or your representative (lawyer) show up in court on the court date. You may still have to show up. You could try to get a continuance for a date that is better for you. But I can tell you, you are going to get convicted. The fine will be large, but the only other negative will be the increased insurance costs for the next 3 years. That is if you have a ticket free record and I am assuming you do not have a Virginia driver's license. If so, you will fall under the rules in the state that issued you your license. That is generally a good thing as VA has a very punitive system. You will not have a criminal record for this ticket, but will have if you do not show up on court.

Right now you need to make 2 phone calls, first to the Clerk of Courts office in Louisa County. See if you can plead guilty without showing up. And then take your punishment. If not, see if you can get a continuance and make the second call to a local lawyer and hire one. Basically the only way out of the ticket is if the officer screwed up or if he does not show in court. I will tell you this, if it was a Virginia State Police officer that pulled you over, there will not be any screw-ups by the officer.

If you go it alone, and that is what I would advise, take a copy of your driving record showing no violations. Do not enter a plea and hope the judge takes mercy on you. If you can get him to laugh with some kind of self-deprecating remark, all the better. You may walk out with a simple speeding conviction or better. Probably the same fine but less pain to your driving record. And dress like you are going to a job interview. And this only works if you have a clean record. That means NO convictions for moving violations.

Good luck. And NEVER drive over 79 in VA.