Legal Question in Traffic Law in Virginia

I recently received a reckless driving ticket in henrico county, VA. I was going 53mph in a 25mph school zone which is normally 45mph, but it was during school hours. While this is my first driving infraction, i am currently on unsupervised probation in a different county for alcohol charges unrelated to driving. What am i looking at here? Will the court bring up my probation? Or is this an unrelated offense? I go to traffic court on May 19th.


Asked on 3/29/10, 1:18 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Avoid being convicted of the reckless driving charge(if at all possible), which is a crime.

See if you can work out a plea deal with the Commonwealth to a lesser charge such as 44mph in a 25mph zone which would only be a traffic infraction

and should not affect your probationary status on the alcohol charge. See if

your attendance at a driver improvement course could have any ameliorative bearing on the matter.

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Answered on 4/03/10, 1:48 pm
Jonathon Moseley Moseley & Associates Law Firm

The Court won't bring anything up. The Court (judge) is supposed to listen to both sides and make a decision as a neutral decision-maker.

However, the prosecutor will routinely run a check on prior convictions and will bring it up. This may seriously interfere with the prosecutors' willingness to cut a favorable deal.

Of course, as Mr. Henderson notes, your probationary status on the previous charge will not be affected unless you are actually CONVICTED of a crime.

SO if you are found guilty or the charge is knocked down to a traffic offense, then it won't affect anything.

I would say go to the DMV and pull a copy of your driving record. Ask for it certified if they will (but don't let that stop you).

If you have a "+" number, you can probably show this to the prosecutor.

It is quote possible that the proseuctor will be impressed with this and not look for any other information.

Go early to court, seek out the prosecutor (who is often very busy talkign to other people like you, consulting with the police, etc.) and see if he will knock it down to "improper driving."

If you cannot get agreement from the prosecutor, then tell the judge that you need time to get a lawyer.

AND GET A LAWYER.

You need to beat the charge because it will PROBABLY cause you problems under your probation.

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Answered on 4/03/10, 8:38 pm


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