Legal Question in Traffic Law in Virginia

Reckless Driving

About 2 weeks ago i went around a turn i took it a little fast but did not go over the speed limit a cop pulled me over and gave me a reckless driving ticket. now i was not speeding or driving reckless an i was wondering how his case would hold up in court? do you think that my liscense will be taking away? he said i went around the turn to sharp i do not see this as the definition of reckless driving. can you please give me some pointers on what i should say in court? and let me no if im going to be found guilty if i plea not guilty? thanks


Asked on 11/24/04, 2:06 am

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Reckless Driving

Although this does not fit any CLEAR definition

of reckless driving, it can fit a subjective

idea. However, therein lies the weakness in the

charge.

First, you definitely cannot plead guilty and

expect to get anywhere. You have to plead not

guilty. Reckless driving is a CRIME (a

misdemeanor) which can result in jail time. Your

driving record will make a huge difference.

You should go to the prosecutor before court

starts and ask him if he has any lesser offer.

Given the subjective nature of the charge (if

you were not actually speeding), the prosecutor

might accept a plea agreement of "IMPROPER

driving" which is much less serious. However,

definitely do not plead guilty to reckless

driving.

The Court could suspend your license for a period of time, but that is entirely up to the judge. Again, your previous driving record will make a huge difference.

If you go to trial and lose, you should immediately fill out a Notice of Appeal in the Clerk's office and appeal it to the Circuit Court. You will get a whole new trial, as if the first one never happened.

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Answered on 11/24/04, 3:17 pm


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