Legal Question in Criminal Law in Virginia

Re: Reckless Driving Charge--Bill of Particulars?

I admire your tenacity but I have to tell you not to represent yourself. Reckless Driving has to be one of the silliest crimes on the book in Virginia, but a crime it certainly is. It is a Class 1 Misdemeanor punishable by up to twelve months in jail and/or $2500.

No one actually puts you in jail for it unless it is your fifth offense or you're driving over 100 mph.

You are charged with reckless handling of the vehicle. It is the general RD statute they usually employ in car accidents.

Unless you fit the definition of the statute which is that you operated your vehicle in such a way as to endanger life and limb, then what you did will probably be reduced to IMPROPER DRIVING, which is a lesser included judicial remedy and statutorily created. Improper Driving is a 4 point DMV Demerit Violation but it is not a criminal offense. This is the outcome you want.

You will want to go to DMV and get a copy of your record. Tell them it's for Court and you want the heading to say "Attorney Use".

If your record is good, and if you were polite and cooperative with the officer, the judge will probably look upon you with favor. It is the one question too many - but you should always ask if the Judge will allow you to attend Driving School to keep the Improper Driving off your record. Some do, some don't. This is where the argument about being a law student, blah blah may win you some points as far as keeping things off your record. I've seen military and medical people use the same argument succesfully.

A Bill of Particulars is not going to help. You only file one when you need to know the where, when, who and how of a case. You probably already know all of those questions. If there is no scientific evidence like a breath test or fingerprints then even a motion for discovery isn't necessary.

You should call the prosecutor a few days before trial. Call the Commonwealth Attorney's secretary and ask to speak to the CA covering your case. Lay it out in advance if you like. The CA won't be able to answer you because he'll have to talk to the officer but you will have established a contact. That phone conversation is also a good place to drop the clean record - law student info. Don't hammer it just let it make an impression. Realistically he won't be able to get to the officer until court day where you introduce yourself to the CA if you can before the case (tell the court clerk you'd like to speak to him if you can't approach him directly). He will speak to the officer and then probably come talk to you. You may be able to agree on a result before going up to see the judge. This works best. This is what lawyers do. If you're going to be a lawyer you should act like one.

You know what they say about the client who represents himself....

Good luck.

Re: Reckless Driving Charge--Bill of Particulars?

One of the problems with being a lawyer or a law student is that it is embarrassing to get a violation for something like wrong-way driving. Trying to come up with some legalistic defense is only going to compound your embarrassment.

Respectfully suggest you plead guilty-with-an explanation.

Re: Reckless Driving Charge--Bill of Particulars?

First, it is reckless. You will be laughed out of court trying to convince a judge that it is otherwise. Second, this is a class I misdemeanor, something that if convicted of you will be required to put on your character and fitness evaulation when you apply to take the bar. Consequently, you should reconsider your decision to go pro se on this, and let an attorney handle it. Finally, your motion for a bill of particulars will be denied. Exactly what information are you trying to discover? The only purpose for a bill of particulars is to supplement a pleading, warrant or indictment that is deficient on its face in the description of the charge or cause of action it alleges. A traffic summons that states a charge of reckless driving is not deficient on its face, unless you have some evidence otherwise.