S
Savery
Guest
What is the name of your state? Virginia
Some background information: A friend of mine was cited for reckless driving a month or so ago. 46/25 radar, state police. As a bit of food for thought, this is a road with a rediculous speed limit. Local (petersburg city) Law enforcment rarely enforces the speed limit. However, the state police does. he was 17 at the time of the citation.
Anyhow, he goes to court today. he is like a lot of people, thinks that they go, ask to go to driving school, and get it over with. However, i tried to tell him that this is a criminal violation (reckless, misdemeanor). He goes to court, accompanied by his mother. The judge tells him what he is charged with, and asks him if he would like to have a lawyer. With the perception that he can say, "...uhh, i plead guilty, can i get it reduced?" still in his mind, he says no. The judge says ok, sign this waiver. he signs it. (about this point in the story i grabbed my head and started smacking it) The judge tells is mother to sign it. Thankfully, she says no. The judge replies that since he signed it she has to. She says no, he is a minor, he was not informed, etc. he voids the waiver. The judge says, ok, talk to your lawyer, and we'll set up a trial date. At this point he realizes this isnt just a driving school ticket. He was never informed of his rights, never asked how he pleaded. if his mother wasn't there, he may have been hit with suspension of license, a year in jail, and 2500 fine. After he got out of court, they talked to thier lawyer. The lawyer believes that due process was not used. (im using due process very very loosely) I also believe that his rights were violated. Any input appreciated.
Some background information: A friend of mine was cited for reckless driving a month or so ago. 46/25 radar, state police. As a bit of food for thought, this is a road with a rediculous speed limit. Local (petersburg city) Law enforcment rarely enforces the speed limit. However, the state police does. he was 17 at the time of the citation.
Anyhow, he goes to court today. he is like a lot of people, thinks that they go, ask to go to driving school, and get it over with. However, i tried to tell him that this is a criminal violation (reckless, misdemeanor). He goes to court, accompanied by his mother. The judge tells him what he is charged with, and asks him if he would like to have a lawyer. With the perception that he can say, "...uhh, i plead guilty, can i get it reduced?" still in his mind, he says no. The judge says ok, sign this waiver. he signs it. (about this point in the story i grabbed my head and started smacking it) The judge tells is mother to sign it. Thankfully, she says no. The judge replies that since he signed it she has to. She says no, he is a minor, he was not informed, etc. he voids the waiver. The judge says, ok, talk to your lawyer, and we'll set up a trial date. At this point he realizes this isnt just a driving school ticket. He was never informed of his rights, never asked how he pleaded. if his mother wasn't there, he may have been hit with suspension of license, a year in jail, and 2500 fine. After he got out of court, they talked to thier lawyer. The lawyer believes that due process was not used. (im using due process very very loosely) I also believe that his rights were violated. Any input appreciated.