Reckless Driving in Fairfax County, VA

[DDP]

What is the name of your state?What is the name of your state? Virginia

Howdy, I was wondering if I could get some advice about a reckless driving violation that I was cited with. I was driving on the toll road (VA267) was pulled over, yesterday. The officer clocked me on his radar going at 88mph in a 55mph zone.

I was going through all the posts on this website yesterday and most of everyone mentioned to get an attorney to represent me in court, because of the gravity of the citation. And so I called around and got price quotes of $800-$1250 from attorney's in order to represent me for a moving violation! Could I ask the judge to assign me a state attorney, since I will not be charged for him/her unless I'm charged guilty (in which case the fee is about $150, a lot less than what I would pay otherwise.)

I was wondering if someone could advise me on the risk of going with a state attorney; on how good or bad they will be in representing me. Going with a state attonrney would definately save me a lot of money.

I would really appreciate any advice! Thanks for your help!

 

[catchme]

i asked the dean at my lawschool, whose husband is a practicing lawyer in lexington, and she said that (he would say) a pub def can offer any defense a hired one could, and that the courts are so harsh that hiring one would not be likely to help at all. i told the judge i was a student on financial aid, so he assinged me an attorney. i think you need to show that you don't make more than 11,000 a year to qualify, but my sworn statement was enough here in rockbridge.

 

[lwpat]

I didn't think that the court would approve a state attorney for reckless driving but I guess I was wrong. Your problem is that Fairfax is extremely harsh and at your speed with a state trooper the judge is not going to be inclined to reduce the charge. A lot depends on your previous record.

This is a six point violation and carries a high insurance surcharge for the next three years. In your place I would hire an attorney.

 

[Shay-Pari'e]

The DA is not automatic, and many things come into play. For one, your criminal history such as yours.


https://forum.freeadvice.com/showthread.php?t=200346[/QUOTE]

https://forum.freeadvice.com/showthread.php?t=201646

 

[DDP]

Firstly, I appreciate all the advice, thanks! I just wanted to mention, that I have a spotless driving record, I have been driving for 6 years now and this is reckless driving citation is my first citation ever. And I have absolutely no criminal history/background.

Having said that, lwpat, do you still think I need to hire an attorney? I researched a little more and found out that I will only be offered to get an attorney (state or private) if a jail sentence is to be imparted.

But with my record, can I (should I) take the risk or showing up in court (without an attorney) with my driving records for the past 6 years, and do a defensive driving class before hand and take the certificate with me, and expect to be let off leniently???

Also one more question, is there a possibility, of me speaking with the prosecutors before hand, in order to try and settle the case??? If so, I could plead with them and explain to them my situation.

 

[prs24]

Hire an attorny....see if one has a payment plan if you cant afford them totally. It doesnt matter if you have a clean driving record or not. It just means you havent been caught before. If youre going that speed the judge knows this wasnt the first time you've gone that fast. 88 in a 55 you are seriously looking at the potential for jail time! I got 81 / 55 down in Essex county (but I live in FFX so i know how strict they are) and my lawyer said VA doesnt fool around with reckless driving and I was just lucky i didnt get pulled over going over 83 (which in there neck of the woods seems to be the cut off for automatic jailtime). Good Luck to you.
PS... As for speaking to the prosecutor before your case you probably are out of luck. As unfair as it sounds they really only talk with other lawyers (nature of the beast). If you dont want to hire an attorney right away you can show up to court and see how it goes. The judge will tell you if it looks like you'll face jailtime and if you would like a continuance to hire an attorney.

 

[maddoggieD]

It's amazing how many people fail to realize the gravity of the situation with this RECKLESS DRIVING charge.

It's a CRIMINAL OFFENSE - a CLASS 1 MISDEMEANOR (same class as DWI/DUI). You get convicted, you got a CRIMINAL RECORD now.

Hire a competent attorney now. In Northern Virginia, you'll need one anyway for 88/55 - and you'll be lucky if your license isn't suspended regardless.

Good luck.