Legal Question in Traffic Law in Virginia
My 16 year old son lost control of his car at 1:30 this morning. Hit and tree and flipped it. Police gave him "failure to maintain control" as a ticket. He has to appear in court in september. This is his first ticket for anything. Has not been in any trouble before. What do you think he might get when we go to court. (Curfew is 11;00pm in VA, and also legally not suppose to be driving after 11)
1 Answer from Attorneys
Well, you raise other issues. But your son was not charged with those other issues. With rare exceptions, none of those other issues will be raised if there is no charge against him for those things now.
Was he charged under Va. Code 46.2-853 -- reckless driving?
Reckless driving is a misdemeanor with the potential of up to 1 year in jail and/or $2500 in fines. But that almost never happens. If I were to guess he will get something like 10 days in jail SUSPENDED sentence, meaning that the court will wait 1 year and if he stays out of trouble it goes away.
The fact that there was an accident will be taken seriously against him. The other factors could also be considered against him (but not as independent charges).
Were there witnesses? That could be very important.
If I can help provide a legal defense, even though Chester is rather far away, let me know. I do have to get paid but I am less expensive than most attorneys.
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