General Reckless Driving (Fairfax, Warrenton, Middleburg: credit, how much, lawyer)

[daniyatom]

Guys, I need some advice.

I did some wine tasting today near Middleburg, and was pulled over by a trooper on I66 east near Warrenton. According to the trooper, I was pulled me over because I was driving on part of the shoulder while I was merging from a ramp onto the interstate. During that time, there was a horse racing event going on, and because of that, there were traffic cones placed on the highway to divide the two lanes, and to allow drivers an easier time to merge onto the traffic.

Once I got pulled over, the trooper asked if i had anything to drink to which i responded that I was at a wine tasting event about 45-60 mins ago. The trooper then asked me to step out of the car and asked me to take a seat in her car to which she further questioned me about the wine tasting event. She then asked me to get out of the patrol car and instructed me to perform a bunch of sobriety test. Once the said sobriety tests were conducted, I was then asked to go take a seat in her patrol car and was then asked to blow into a portable breatherlyzer - she explained that this was to help me and that the results of the portable breatherlyzer would not be admissible in court and that the results will be "between me and her", and that the results will aid her in determining whether to place me under arrest for DUI or to let me go on my way. After asking some questions for about 10 mins, I finally agreed to take the test (i.e. blow into the breatherlyzer) - I think the result was 0.067 BAC, but the trooper rounded it up to 0.07. Upon the conclusion of the test, the officer asked me to get back to my car, and issued me a citation for general reckless driving.

I know that I was probably lucky not to be arrested for DUI, but what will is the basis for the general reckless driving charge? What avenues and what thresholds must the the Commonwealth Attorney meet in order to secure a conviction?- i mean, i wasn't even speeding, and i was pulled over because I was driving with part of my vehicle on the shoulder while merging onto I-66. The trooper would have charged me with DUI if she is confident of a conviction, but she didn't as the evidence against me was probably weak, but can she still bring up the fact that i blew a 0.067 during my reckless driving trial?

Also, what are the possibilities of having the RD charged reduced to say improper driving? Does the Commonwealth Attorney (this in Fauquier county ) negotiate with lawyerless defendents? - I know that the Commonwealth Attorney for Fairfax County does not talk to lawyerless defendents; they only plea bargain with defendents who have representation.

Please advise guys. What should I do? Thanks a bunch for reading this for your anticipated advice.

[scirocco22]

I can't answer you specific questions as I'm not familiar with VA court procedures at all.

What is it with Virginia anyway? I can't conceive that what you did consitutes reckless driving. Perhaps a citation for "failure to maintain lane" if that.

I would certainly plead my case against reckless driving. If all you did was drive on part of the shoulder while proceeding down an on ramp, I can in no way imagine that being reckless driving!

And, no, how could the breathalyzer test be brought up in court if she told you it would be inadmissible? If you passed the field sobriety tests, then I can't see where it would be brought up at all.

Obviously I'm not a lawyer but I really believe you've been screwed.

The best of luck to you on this. Keep us posted.


Thanks.

--'rocco

[daniyatom]

Thanks scirocco22.

I really don't know if i passed the field sobriety tests, but what I do know is that I volunteered for the breathalyzer test, and based on the results, the trooper did not arrest for me DUI.

I just concerned if i am try to fight this too hard, the trooper may indicate to the judge that it was in her opinion that i was driving under the influence but she doesn't have enough evidence to convict under the state's DUI law; but we all know that she can use the reckless driving charge as it is very subjective charge and a catch all charge for a variety of infractions.

Let me know guys, I am worried.

[williamsburgfan]

Hire a lawyer, each case is unique and a forum such as this is not place for legal advice

[Crew Chief]

Originally Posted by williamsburgfan

Hire a lawyer, each case is unique and a forum such as this is not place for legal advice

EXCELLENT advice!

[daniyatom]

Thanks guys. I am not soliciting legal advice, but trying to obtain the experience of others, in determining whether there is a need to obtain counsel. I am weighing the risks of not using an attorney, as I might get away with the same result if i represent myself.

I will be talking to some attorneys (for initial consultations )during the next few weeks, and will see whats up

[williamsburgfan]

have you heard the saying

"He who represents himself has a fool for a lawyer"?

you are apparently unfamiliar with the sytem or would not have asked here - about the last place for reasonable advice on this matter. Hire an attorney who specializes in traffic cases in this area. Go to court and watch other cases - you will quickly find your attorney.

[saganista]

Originally Posted by williamsburgfan

Hire a lawyer, each case is unique and a forum such as this is not place for legal advice

Echo of CrewChief: Excellent advice. Hire a lawyer.

RD is a criminal charge (not a traffic violation) in VA, and if it stands, it will be on your record for a minimum of 11 years, confounding your ability to get and hold employment, housing, and credit. That's not good. Much more expensive than some crummy legal fees. In the majority of cases, and in the vast majority of cases with circumstances similar to yours, the charges will eventually be reduced...IF you have representation. While it does vary some from place to place, most prosecutors and judges will not deal at all with an unrepresented defendant. You need counsel to get the RD knocked down. You'll still be stuck with some unpleasant stuff, but for the most part, your life will be intact. By the way, the court appearance listed on your citation is mandatory. If you do not show up, a bench warrant for your arrest WILL be issued, the police WILL come looking for you, and they WILL cuff and arrest you on the spot wherever they find you.

You did not, as an fyi, volunteer for the breathalyzer test. You have no actual legal choice. You can technically refuse, but if you do, your license will be immediately suspended for one year, and the refusal will be used as evidence against you. The offficer can then simply attack, subdue, and restrain you for the purpose of drawing blood if he or she chooses to do so. Obviously, that is rarely done, but it does go to show how much actual volunteering you did.

The BAC result of .067 not only can but will be introduced at trial. If it is not in the already existing paperwork or if the judge simply doesn't see it, he will ask the officer if alcohol were involved, and the officer will reply that yes, it was, but at less than the legal limit. This will not serve as evidence, but as an aggravating (as opposed to mitigating) factor in terms of sentence.

Hopefully, you're starting to get the picture. A General RD (which is what you've got) can be issued on the basis of any unusual driving. Your having had a wheel on the shoulder easily qualifies under VA standards. The bottom line is that you are in a very serious place and will need legal help to get out. On the plus side, this sounds like one of many many 'tough love' RD's that are issued in VA all the time. The state is hoping to teach you a lesson that might one day save your life (or someone else's) by putting you through the wringer on this one. Absent the .067, you might have gotten something less...even a mere warning...but that's water over the dam. Get youself an attorney from the area who is experienced with RD's. These are not hard to find, given the number of RD charges that get issued. Work with him or her honestly, do what you are told, and always act contrite and remorseful over your lapse of good judgment in putting the good people of the Commonwelath at risk by getting behind the wheel only an hour or two after having had a glass of wine or two. If you can manage all that, you should eventually be able to walk away with no permanent scars. Now go start looking for that lawyer...

[daniyatom]

The breathlyzer test that I did was an initial one where i can refuse, and if i refused it, the officer could take me to station, and as you said before, force me to submit to a formal breathlyzer test.

notwithstanding the above, you guys are right - i need a damn lawyer!

[saganista]

Originally Posted by daniyatom

The breathlyzer test that I did was an initial one where i can refuse, and if i refused it, the officer could take me to station, and as you said before, force me to submit to a formal breathlyzer test.

notwithstanding the above, you guys are right - i need a damn lawyer!

In that case, the officer would have been required to inform you of your right to a choice between a breathalyzer test, a blood test, and a urine test. You get to choose one of the three. No other options. Once an officer asks that you take a test, you will take one. Your only choice involves when, where, and what type.

Yes, you need a damn lawyer. But cheer up. Assuming that you don't have a prior record, this will be a pain in the butt for a few months, you'll probably keep your license, it will cost you maybe a thou or two (maybe less in your case), and then it will all be gone. But that's the best-case scenario from here...