reckless in VA

[BRCLily]

What is the name of your state? Virginia

Hi, I just wanted to get some advide about a reckless driving ticket. I got 91 in a 65 mph zone in Spotsylvania at about 1 am saturday night. I didn't realize it was a misdemeanor and now I'm really worried about having to pay a giant fine and possibly go to jail. As far as background goes, I haven't driven in about 5 years, so my record (my license is from CA) should be clear ( I got a speeding ticket about 6 years ago, but I believe they're taken off your record after 3 years) and the car I was driving in VA was a rental. I've never recieved any traffic violations in VA (again, don't drive b/c I live in DC and use the metro, just rented on that one occasion). Also, if it matters, I was driving in the far left lane, wasn't weaving and wasn't tailing anyone.
I can't afford to hire a lawyer. What's going to happen? Given the cirumstances, will I really have to go to jail? Has anyone had any luck in reducing their charge without a lawyer?

Thanks for any advice.

 

[prs24]

GET A LAWYER. Dont wait til the last minute...GET ONE NOW!!!! The option for jail time is VERY REAL. VA doesnt play around with reckless driving. In August I got a 81/55 not too far from Spotslyvania. I've had one ticket in 12 years of driving and was a positive 3 points....the best you can have is positive 5. I hired a lawyer and he said that since i wasnt going above 83 or 84 he managed to get me a huge fine, no jail time or suspension of license. Im not trying to scare you but you should be scared. My lawyer said anything above 84 and you were looking at automatic jail time (even if its just a weekend). Your license WILL be suspended. You can ask if it can be restricted to go to and from work.

Do not wait to hire a lawyer that specializes in traffic violations til the last min because they get a lot of business in VA and you dont want to be stuck without one. I really suggest that you hire a lawyer IN spotsylvania as they already will know the prosecutor and judge and that does help some. You can at least call some lawyers in that area and get free advice. Best of Luck to you!!! Let us know how it goes

ps...a lawyer in that area cost me about $500 bucks. If you cant afford one the judge will tell you that you are looking a jailtime and recommends a continuence until you hire a lawyer...if you tell him at that time that you cant afford one i guess thats when the process of having an attorny appt. to you will be considered but you have to meet financial guidelines before you can have court appointed lawyers. I would bring a copy of your driving record and a current pay stubb or your financial / tax statements if youre trying to have a court appointed layer.

 

[lwpat]

prs24 is absolutely correct. You have a mandatory court appearance and VA is very serious. Retain an attorney ASAP.

 

[I AM ALWAYS LIABLE]

My response:

Mexico City is a nice place. Se hablo Español?

IAAL

 

[BRCLily]

Thanks for the advice. I guess I'll have to try and get a lawyer...

 

[I AM ALWAYS LIABLE]

Thanks for the advice. I guess I'll have to try and get a lawyer...

My response:

Mexico is not an option? You'd rather face the music, and spend time in jail?

IAAL

 

[BRCLily]

My response:

Mexico is not an option? You'd rather face the music, and spend time in jail?

IAAL

Don't be stupid. I'm not running away to Mexico for a speeding ticket, or any other reason for that matter. If you don't have anything useful to say, please don't bother posting.

Thank you.

 

[HomeGuru]

IAAL, who the heck is I AM NOT LIABLE?

 

[I AM ALWAYS LIABLE]

IAAL, who the heck is I AM NOT LIABLE?

My response:

I think it's my shadow.

"Me, and my shadow, walking down the avenue . . . ."


IAAL

 

[BRCLily]

Okay, here's an update. I called the court to see if I would be able to get a court appointed attorney and the woman I talked to said that the judge doesn't give out jail sentences for my kind of ticket and seemed surprised that I was considering even getting a lawyer (she actually asked why I wanted one). So, now the question is, should I still try and get a lawyer to see if I can get the charge reduced or just see what I get?

Thanks for any help.

 

[Robbie0723]

You got a 91 in a 65 an was told "and seemed surprised that I was considering even getting a lawyer (she actually asked why I wanted one)"

If you want to take a chance based on a phone call, go for it, let us know how it goes.

Do a search on Virgina here and think again. The first advise you received here was good.

If half the posts here on Virgina are true, something is seriously wrong with the law or the enforcement. I cannot imagine ruining someone's ability to earn a living and take care of a family for something so ridiculous unless they were driving at that rate of speed in an dangerous, aggressive or erratic manner.

If simple speeding is reckless, every other moving violation ticket should be.

 

[prs24]

Well maybe you got VERY lucky and found one of the few countys in VA that dont take reckless driving so seriously. But I doubt it. If you dont want to hire an attorny then dont. If there's the potential for jailtime then the judge will tell you that and ask if you would like a continuance so you can find representation. All I know is that I was told by SEVERAL lawyers that 83 and above and most people are looking at some sort of jail time and suspension of their license and a fee. I also heard the judgements of others while I was waiting for my case. Several people ahead of me ended up being guests of the state for a weekend or two simply because they were going 83 and above. Good Luck to you. Let us know how it goes

 

[BRCLily]

Update

Hi, I just wanted to give an update of what happened. I had my court date about a week ago. I got a $350 fine plus court fees, so the total was $416 and no license suspension or jail time. From reading other posts, I think I got lucky and got a very nice judge. But to anyone else in this situation at least call the court and find out what kind of sentences your judge gives out, because it could at least save you legal fees.

 

[James Young]

BRCLily writes:

I got a $350 fine plus court fees, so the total was $416 and no license suspension or jail time. [Emphasis added by JY]

Make no mistake about it; money is what is behind the VA campaign to cite for “reckless” on the slightest whim. That’s why they overcharge and then reduce in exchange for cash. The same thing happens with the federales in Mexico, only without the prosecutor and the judge.

Our traffic control / enforcement / safety system is horribly broken. Fight to fix it.

 

[maddoggieD]

I wish you had bothered to get a lawyer and pay THEM instead of the state.

Reckless Driving is a CLASS 1 MISDEMEANOR offense - yes, it is a CRIMINAL offense, and will stick with you for the rest of your life as a CRIMINAL CONVICTION.

I'm posting this for the benefit of those of you reading who think that R/D is something that you can just toy with - it is not.

Assuming we're all law-abiding, decent hard-working folks, your future livelihood will be adversely impacted just because of this conviction. You will NOT pass a security clearance, and you'll have to disclose it when asked "HAVE YOU BEEN CONVICTED OF A CRIMINAL CHARGE?"

If you're thinking it WON'T show up - think again. You will now be in the NCIC and other databases of CRIMINALS. Why? Because it's not treated as a traffic charge - it's now a criminal charge in Virginia.

So find a good lawyer, and appeal this conviction - unless you want to have a CRIMINAL RECORD for the rest of your life. (Unlike TRAFFIC infractions, it just doesn't "go away" after a few years - this one STICKS around to haunt you.)

Good luck.

I got a $350 fine plus court fees, so the total was $416 and no license suspension or jail time. From reading other posts, I think I got lucky and got a very nice judge.