Legal Question in Traffic Law in Virginia

Re: question on ''reckless speeding'' out of home state, when charged person has

Often a person can go to traffic court and do well themselves without the help of a lawyer. However, since a lawyer knows the procedure, law, and the so-called "tricks of the trade" its best to have a lawyer. This is just general information. You really need to go back in the question area and re-write your question for Virgina, not South Carolina. You should ask a Virgina lawyer your question since that is the state where your ticket is pending. Good luck.

Re: question on ''reckless speeding'' out of home state, when charged person has

If possible you should engage the services of Virginia counsel to maximize the possibility of a good outcome for you on your case, since reckless driving is a serious charge which carries the potential for jail as well as consequences for your insurance coverage.

However, if for whatever reason you're not able to

hire a lawyer in time for the scheduled trial date for this matter, you should approach the prosecutor on the morning of trial and explain whatever mitigating circumstances might apply to your case and then offer to plead

guilty to a lesser offense such as Improper Driving, which is a much less serious charge.

Under no circumstances should you agree to enter a plea of guilty to the reckless driving charge.

If the prosecutor refuses to bargain, you should ask the court for a continuance to allow you additional time to retain the services of counsel

to represent you in this matter.

Assuming that alchohol was not a factor in the reckless charge, the fact that you were cited in S. Carolina for a minor in possession charge should have little or no bearing on the disposition of the reckless driving charge in Virginia.

Re: question on ''reckless speeding'' out of home state, when charged person has

Under Virginia law, there is a charge of "reckless driving" which can arise for a variety of reasons, one of which is speeding over 80 MPH anywhere, or 20 MPH over the posted speed if that is less than 80 MPH. A lot of people, even Virginia residents, do not know this and get trapped by this severe statute.

If the cop actually wrote "reckless speeding" I would argue to the court that there is no such charge as "reckless speeding" although this is unlikely to work except to tip things slightly in your favor for other reasons.

Reckless driving is a CRIME, a misdemeanor, punishable by up to 1 year in jail and $2500 fine. Even if you end up with no penalty, or a suspended sentence, you will have a criminal misdemeanor record. This could have consequences for your future employment, insurance, etc.

For that reason, it is probably better to hire a criminal defense attorney. Be careful that you hire someone whose philosophy is to WIN, not simply hold your hand while you plead guilty and pat you on the back while you pay your fine.

If your speed was CLOSE to the line, the prosecutor will probably cut you a deal because it is not absolutely certain that your speed was exactly as charged. Therefore, if you talk to the prosecutor beforehand, the prosecutor might cut a deal and charge you with speeding less than reckles driving, or drop it to "improper driving" which is much better.

Your good driving record will be VERY, VERY helpful. Make sure that you get an official copy from your local SC DMV to take with you to show to the Court.

The technique is to talk to the prosecutor the day of (no point before then, as the prosecutor hasn't even read the file yet) in plenty of time before court starts. I.e., get there early.

It is impossible to predict for certain, but the prosecutor might give an attorney a better deal, knowing that the local attorney knows the score and won't be bamboozled, and is there all the time.

If you do not get a deal for less than reckless driving, your good driving record means that the Court will probably impose a severe sentence -- all "suspended," meaning that if you don't get into further trouble the penalty will never happen. But you will still have a criminal conviction. WELCOME TO VIRGINIA! (Virginia is for lovers, eh?)