Legal Question in Traffic Law in Virginia

Appeal on Suspended License Ruling

General District Court: The judge suspended my license for 120 days and imposed an $1,100 fine for a wreckless driving ticket with a speed of 101 MPH in a 65 MPH zone. I appealed and now have to go to an appeal trial date setting at the Circuit Court. The clerks advised me to go to the trial date setting appearence and motion for a restricted license since I previously had not made any attempts to acquire a restricted license. I'm willing to comply with the sentence imposed, but I do need to be considered for a restricted license because I am a full time college student with a 4.0 and work approximately 32 hours per week. I am also completely independent individual, and without transportation, both my school enrollment and employment would be drastically affected. I need to know how I should propose my motion to the court for a restricted license and what other steps should I take? I do not plan on hiring an attorney simply because I cannot afford one. Please advise me on how I shoud go about this process.

Thank-you,

Paul


Asked on 10/31/06, 5:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Appeal on Suspended License Ruling

If a judge of the general district court has already found you guilty of reckless driving based upon the egregious factual scenario referenced in your question, you can be assured with 100% certainty that if you proceed with a trial de novo of your case in circuit court that you will be adjudged guilty as charged---no matter whether the trier of fact is a judge or jury.

Your best approach now would be to approach the prosecutor to see what kind of disposition of your case might be worked out that would allow you to escape from this legal imbroglio without the severe penalty which the facts would seem to suggest that you might well richly deserve.

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Answered on 10/31/06, 11:42 pm


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