Legal Question in Appeals and Writs in Virginia

Appeal a Reckless Driving Conviction

First, the background, as I submitted before: This is for my 19 year old son. He recently received a summons for ''Reckless Driving - Private Property''. It was a shopping center parking lot. My son was involved in racing; no injuries, no accidents or damages. It happened after 11:00 PM, stores were closed. This is his first Reckless charge. Additional info: My son had a minus 6 on his driving record, due to 2 speeding tickets he was convicted of. A minus 4, due to 15 - 19 mph above the speed limit. And a minus 3, for 1 - 9 mph above the speed limit. Thus, a total of minus 6 on his driving record. Picked up 5 points at driving school. So, back to minus 1. Now, he had his day in court, he missed the opportunity for a court appointed lawyer; the judge convicted my son of ''reckless driving''. A $500.00 fine, and his license suspended for 6 months. Is an appeal too risky? What is he appealing? The severity of the punishment, (and this time get the court app. att.),and the hope perhaps, the charge may get reduced? So, what are the chances and risks? Thank you.


Asked on 12/09/03, 9:39 am

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Appeal a Reckless Driving Conviction

the defendant has ten days in which to note the appeal a decision in the general district or juvenile district courts to the circuit court, and thirty days in which to perfect the appeal (which means paying the amount of the appeal bond to the clerk of court; the amount of the bond will probably be equal to all fines and costs imposed in the trial court).

the defendant is entitled to a trial by jury which, if elected, will act as the trier of all fact and will determine both guilt and sentence.

upon conviction in the circuit court on appeal, a judge trying the case without a jury will usually set the punishment at or less than what the general district court imposed. however it is a wholly new trial as if nothing before had happened, and the entire range of punishment is available to the commonwealth (reckless is a misdemeanor with both severe fines and possible jail time as punishment).

my rule of thumb is, if you don't like what the district court did, always appeal. it probably won't get worse and could get better. a jury is more likely to find the defendant not guilty, but a judge will impose a less severe punishment if there's a conviction.

GET A LAWYER!!! THIS IS A CRIMINAL OFFENSE NOT JUST A TRAFFIC TICKET, AND SHOULD BE TAKEN REALLY SERIOUSLY!!!

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Answered on 12/09/03, 3:13 pm


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