Help

[HelpNeededPls]

Hello, I need help. I received a Reckless Driving ticket going 89 on a 60. I'm due in court in a couple of days. I don't have a lawyer and I need one But can't afford one financially. I don't have a lot of $$ either. I've been searching online on how to plead my case and ask for a reduction to a lesser charge to a non-criminal traffic infraction. How do I go about requesting for this without a lawyer and should I plead not guilty. I've never committed a crime and only have one ticket in my life (5 yrs ago) time for speeding 1 mile over the speed limit in Delaware. How can I present my case without a lawyer, without hurting my clean record and won't hurt me financially? Or, should I represent myself at all?

 

[HighwayMan]

You're not doing too well on your own so far... you IGNORED the question asked when you started your post asking you what state you're in.

 

[LeeHarveyBlotto]

How do I go about requesting for this without a lawyer

Typically the answer is either "badly" or "incorrectly".

 

[quincy]

You're not doing too well on your own so far... you IGNORED the question asked when you started your post asking you what state you're in.

Look to the right hand corner of the original post where is says "Location." HelpNeededPls is located in Virginia.

 

[not2cleverRed]

You're not doing too well on your own so far... you IGNORED the question asked when you started your post asking you what state you're in.

Look to the right hand corner of the original post where is says "Location." HelpNeededPls is located in Virginia.

That still might not tell us what state the *ticket* was issued in.

 

[quincy]

That still might not tell us what state the *ticket* was issued in.

Agreed. More information would help if HelpNeededPls wants advice specific to the traffic laws of the state where he was ticketed for reckless driving. His state name, however, is not some of this additional information needed.

I agree with LeeHarveyBlotto that having an attorney is the best way now for HelpNeededPls to avoid "hurting" his clean record. The attorney could work toward getting the ticket reduced or possibly dismissed. I am not sure that HelpNeededPls can do this successfully on his own.

Of course, the best way for others to keep their records clean is to not speed.

 

[HelpNeededPls]

Agreed. More information would help if HelpNeededPls wants advice specific to the traffic laws of the state where he was ticketed for reckless driving. His state name, however, is not some of this additional information needed.

I agree with LeeHarveyBlotto that having an attorney is the best way now for HelpNeededPls to avoid "hurting" his clean record. The attorney could work toward getting the ticket reduced or possibly dismissed. I am not sure that HelpNeededPls can do this successfully on his own.

Of course, the best way for others to keep their records clean is to not speed.

Thanks for responding, in min the state of Virginia. Got pulled over in Newport News, Virginia going 89/60. I have a court hearing tomorrow and I don't have a lawyer. Do I request for an attorney before me case begins? Will there be one available at the courthouse before my case begins? What should I look for before I hire one?

 

[quincy]

Thanks for responding, in min the state of Virginia. Got pulled over in Newport News, Virginia going 89/60. I have a court hearing tomorrow and I don't have a lawyer. Do I request for an attorney before me case begins? Will there be one available at the courthouse before my case begins? What should I look for before I hire one?

If you believe you have a reasonable defense to the reckless driving charge or if you wish to fight the charge, you should plead "not guilty" tomorrow and a new hearing will be scheduled. You can ask for a court-appointed attorney at that time or, during the time between your hearing tomorrow and the next scheduled hearing, you should seek out help from an attorney in your area.

Because the charge is a serious one, I think you would be smart to plead "not guilty" and get an attorney. Here is a link to the law: http://www.drivinglaws.org/resource...aws/reckless-driving-virginia-misdemeanor.htm

There is always the possibility of getting a charge reduced or dismissed. How great of a possibility in your case will depend on the facts, which will be reviewed by your attorney.

I believe one of our forum members lives in Virginia and he might be able to provide you with some additional information. Look for FlyingRon to post.

Good luck.

 

[HighwayMan]

Every GDC down there seems to be a bit different. I went through all this with my GF (her ticket) but it was a different county.

I believe that tomorrow IS a trial date and I think that the OP shouldn't have waited until the last minute to be asking about this. It would seem doubtful that the court would grant him an adjournment to hire an attorney at this late stage. A public defender? I don't know how it works down there but again it's a little late now.

Some courts will let you take a defensive driving class in exchange for some type of reduction or dismissal but again, every county is different.

I would think that you would have gotten at least a few solicitation letters from local attorneys sometime after you got the ticket, which must have been at least a few months ago.

This is a misdemeanor charge that can carry with it a hefty penalty. It would have really helped if you sought help earlier, but what's done is done.

 

[quincy]

Every GDC down there seems to be a bit different. I went through all this with my GF (her ticket) but it was a different county.

I believe that tomorrow IS a trial date and I think that the OP shouldn't have waited until the last minute to be asking about this. It would seem doubtful that the court would grant him an adjournment to hire an attorney at this late stage. A public defender? I don't know how it works down there but again it's a little late now.

Some courts will let you take a defensive driving class in exchange for some type of reduction or dismissal but again, every county is different.

I would think that you would have gotten at least a few solicitation letters from local attorneys sometime after you got the ticket, which must have been at least a few months ago.

This is a misdemeanor charge that can carry with it a hefty penalty. It would have really helped if you sought help earlier, but what's done is done.

I think FlyingRon is familiar with Newport News. He might have a better idea of what can and cannot be done at this point.

Whatever can or cannot be done at THIS point and regardless of what happens at tomorrow's hearing, HelpNeededPls will STILL have 10 days after any conviction to appeal the decision, so it is not too late to seek an attorney's help. And an attorney's help is recommended.

 

[HighwayMan]

Whatever can or cannot be done at THIS point and regardless of what happens at tomorrow's hearing, HelpNeededPls will STILL have 10 days after any conviction to appeal the decision, so it is not too late to seek an attorney's help...

I don't see what the ability to appeal has to do with tomorrow's proceedings. After all, there has to be some legal basis for an appeal - it's not just a "do over".

Maybe I'm misunderstanding you.

 

[quincy]

I don't see what the ability to appeal has to do with tomorrow's proceedings. After all, there has to be some legal basis for an appeal - it's not just a "do over".

Maybe I'm misunderstanding you.

I was probably not clear with my post. Sorry. I might be getting a few threads confused tonight.

At 12:46 am today, HelpNeededPls said the hearing was "in a couple of days." Today at 5:27 pm, he said the hearing was tomorrow. A couple of days might have been enough time to find an attorney to help him in court. Now, however, it seems unlikely he can line one up before the hearing.

If HelpNeededPls cannot find an attorney before the hearing and if he cannot get the charge reduced on his own by talking to the prosecutor before the hearing (perhaps reduced to improper driving), and if he is convicted on the reckless driving charge despite pleading not guilty to the charge, he should still seek an attorney's review. In Virginia, there is an automatic right to appeal a conviction for reckless driving.

In other words, HelpNeededPls should still seek an attorney's help regardless of what happens tomorrow. But it would have helped him, certainly, if he had lined up a lawyer earlier.

There is advice offered in the link I provided that could be of help HelpNeededPls, if he has the chance to read through it and absorb what it says.

 

[HighwayMan]

I was probably not clear with my post. Sorry. I might be getting a few threads confused tonight.

Geez, I know how THAT is.

Thanks for clarifying.

I wonder if the OP will be returning with an update on how he made out. Hope so.

 

[FlyingRon]

I don't see what the ability to appeal has to do with tomorrow's proceedings. After all, there has to be some legal basis for an appeal - it's not just a "do over".

Maybe I'm misunderstanding you.

Actually, it is just a do over in Virginia. GDCs are not courts of record. You have ten days to request a de novo trial in circuit court.

Anyhow, it's probably moot now, but as Quincy says the best strategy is that he meet with the Commonwealth's Attorney to try to get it plead down before the trial starts. Unless the state is willing to remove the possibility of jail on this charge (many GDC judges will indeed sentence reckless drivers to jail especially when pushing upwards of 100 MPH or in the cases othings like racing, etc...), he can ask for a public defender at trial. The case will be recessed long enough for him to fill out the application. If he does qualify, the case will be continued until the PD can appear.

He can also almost certainly get a continuance if he requests time to obtain counsel. It would behoove him to actually have counsel when he returns.

 

[HighwayMan]

Actually, it is just a do over in Virginia. GDCs are not courts of record. You have ten days to request a de novo trial in circuit court.

Good to know. Of course, I hope never to need any of this information - Virginia is one state that I scrutinize my speedometer regularly and stay very close to the speed limit.