Legal Question in Criminal Law in Virginia

reckless driving citation - not explained by the police officer

I was changing direction from one Interstate highway to another. While making part of the "clover leaf", the portion that enters the new Interestate narrows from two lanes to one. I was in the right lane, which had arrows indicating that I should move to the left. I was slightly ahead of the car on my left and he kept pacing me. I could not slow down easily due to traffic behind me. I signaled a change of lanes to the left and moved into the left lane. Upon entering the second 6 lane Interstate highway on the left side of the highway, I began to carefully move to the right. The state drivers' handbook does not prohibit changing two lanes at a time - if you signal, take care and there is no traffic.

I was then stopped by a State Highway Patrolman in an unmarked car who then proceeded to give me a citation, which he insisted I sign even though he did not explain the charge. He stated that I had "cut him off" (not true") and then changed lanes "two at a time". I asked for more details and he stated "You will find out about it at Traffic Court. I can't stand here and explain in this traffic

The paragraph cited on the citation appears to indicate failure to yeild right of way. I have been driving for over 30 years without even a speeding ticket. What can I do? Is the word of the State Highway Patrolman always taken as having more validity than the citizen? How should I prepare?


Asked on 1/18/98, 6:49 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Va. Reckless driving citation

Sounds like you were going from I-66 onto the DC Beltway, which is one of the most ridiculous interchanges out there. I do it often, and if you are going to to 7 or 123, you have to get over to the right, across 6 lanes of the beltway, pretty quickly.

On the other hand, it is not proper to changetwo lanes at once. And the proper, courteous,safe way of dealing with a driver in the leftlane when he won't slow to let you in in frontof him is to slow down and move over behind him. The left lane there does have the right of way.

So it sounds like what you did was two improper lane changes. If you don't want a reckless conviction on your record (who would), your best bet is to retain counsel familiar with traffic court (in Fairfax County, if I'm right about the location) and try to haveit plea-bargained down to an improper lane change or some other lesser charge.

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Answered on 1/24/98, 11:02 am
Evan Farr The Law Firm of Evan H. Farr, P.C.

Representation for Reckless Driving

Unfortunately the officer is not requiredto explain to you the details of why you werecited, though he will have to explain itthoroughly in court, and you will have a chanceto refute it. Our firm routinely represents people in Fairfax and all over Northern Virginiacharged with traffic infractions such as recklessdriving, and we would be happy to meet with you todiscuss the possibility of representing you. Recklessdriving is a very serious offense with very serious repurcussions. It is quite possible that a plea agreement couldbe worked out for a reduced charge if that optionwere acceptable to you. Alternatively youalways have a right to a trial to force the Commonwealthto prove that you are guilty as charged. We would have to meet with you first and go overthe facts in more detail before giving you our opinion as to whether you'd be better offpleading guilty to a lesser charge or goingto trial. Bill Lyden is the attorney in the firm who handles traffic matters. If you'd like to schedule an appointment with him for a consultation, feelfree to call the office at 691-1888 and the secretary can schedule that for you. The consultation feeis $75 for an hour. If you decide to have Billrepresent you, the flat fee is $600, of whichthe $75 is part.

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Answered on 1/24/98, 5:21 pm


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