Legal Question in Traffic Law in Virginia
Can the Virginia State Police mail you a summons for reckless driving 8 days after an accident? Also, the ticket is only half filled out, all of my personal information is blank (Height, Weight, Eye Color). Thanks
2 Answers from Attorneys
Yes, such mailings of summonses happen quite frequently, but, of course, the defendant is free to challenge on the morning of the scheduled hearing any and all information or facts alleged (or omitted)in the matter--
whether on the ticket itself and/or offered by the ticketing officer.
However, considering that reckless driving is a Class 1 misdemeanor in
the Commonwealth and not merely a traffic infraction, a person so charged
would be well advised to consider retaining counsel to assist with the
matter, particularly, when an accident is involved (if at all possible).
An officer is permitted to issue summons at a later date. You may want to cross examine him during trial as to reasons and possible consequences at trial. Sheryl Shane, Attorney at Law.
Web: www.sherylshanelaw.com.
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