Legal Question in Traffic Law in Virginia

Reckless Driving 95/55

I'm 18 years old. I was pulled over for reckless driving at 1:20 am. I was paced going 95 mph on a 55 mph highway. I do have four previous tickets: Speeding 69/50; Speeding 50/35; Failure to obey highway sign (50 mph); and now Reckless 95/55. My court date is set for 4/10/06. The officer did tell me that reckless driving is a Class 1 Misdemeanor, meaning I could get up to 1 year in jail and a $2500 fine. Based on your knowledge, how bad of a situation do you think I'm in? How should I handle this case on my defense? One positive thing that I have is I'm going to attend a Driving Clinic Course for 8 hours on saturday, giving me 5 points back on my license. I'm hoping my license won't get taken away because I definitely need it. I work, still go to high school, and attetnd numerous activities, either for school or for the community. Because I'm still in high school, it's vital that I keep my license because I need to attend colleges, or visit college campuses. I pay my own insurance and the vehicle is under my name, meaning that if I can't get to work, I'm not going to be able to pay my bills and help out my parents with some financial issues. As you can see, my license is REALLY important to me right now. What do I do???


Asked on 2/28/06, 10:21 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Reckless Driving 95/55

I'm not sure even a good attorney will help you. You ought to be in the Guinness Book of Records for worst driving record attained by age 18. By any standard, you are a real f****p behind the wheel and they ought to throw away the key - the ignition key - before you kill yourself or someone else. That having been said, what you need to do is make an incredible, monumental showing of repentance. I have no idea what that would involve. It might keep you out of jail, I am not optimistic about your license.

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Answered on 3/01/06, 4:34 am
Jonathon Moseley Jonathon A. Moseley

Re: Reckless Driving 95/55

Yes, I am sorry to say it, but you are in some serious trouble. It is also unfortunate that most people are surprised to learn that there is a criminal statute about going too fast, and discover this only when caught. I wrote an article for the newspaper, and still one of my close friends didn't know about it.

I would suggest attorney David Hall in Fairfax. There are a great many attorneys in NoVa, of course. But I have seen him in court be very creative and effective in defending moving violation and traffic charges.

The opportunities to cut a deal or get some leniency when the speed is just barely 20+ miles over (or over 80) are not available when you are clocked at 95.

Also, the main strategy for dealing with this is to cut a deal when someone has a good driving record. It really makes no sense, and is fundamentally unfair, but the court and the prosecutor will decide the case based upon your past driving record. That is wrong in my book because each offense must be decided by itself, not people being guilty because they've been guilty in the past. Nevertheless, just about all they will consider is your driving record. They will assume (wrongly, again) that everything the trooper says is accurate.

I think the chance that your license will be suspended for around 90 days is about 100%. If you come prepared with your work schedule and/or class schedule, and push the issue right away, you can probably get a "restricted license" which allows you to drive to and from work (or school) if you follow the rules. However, I now one judge in Fairfax routinely refuses to give restricted licenses. It would probably not be a bad move to go to the prosecutor before court and propose this, because you are probably going to get your license suspended no matter what you do, and you want to get in there on the issue of a restricted license early, clearly, and often, to make sure your case doesn't get resolved without it.

There is a distinct chance that you could spend some time in jail. However, this is highly unlikely. What will probably happen is that the judge could sentence you to 30 days in jail, suspended for 1 year. That means if you stay clean for 1 year, then it goes away and never happens. But if you get convicted again, then it goes into effect.

You WILL get the chance to have an attorney appointed if you cannot afford one, which will postpone the date until you get one.

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Answered on 3/01/06, 9:32 am
Charles Homiller Jimison/Homiller, PLC

Re: Reckless Driving 95/55

Hire an attorney. In addition to a possible license suspension, that speed may merit jail time depending on what jurisdiction you are in.

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Answered on 2/28/06, 11:40 pm


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