Legal Question in Traffic Law in Virginia

Re: Driving on a restricted license

One would assume that the conviction for reckless driving which you've referenced in your question

occurred approximately one year ago and was the basis for the restricted license privilege which you're now charged with violating.

I would also assume that your original charge was DUI which, perhaps, was plea bargained to a reckless charge with conditions that included your attendance at AA meetings, a disposition which, although somewhat unusual, may happen on occasion.

Re: Driving on a restricted license

Addendum to previous answer: I should've added that if my assumptions detailed in my prior post are in fact correct, there is no need for you to be rushing to the courthouse to appeal anything, as Mr. Moseley has advised, but you do need to retain competent defense counsel to defend against these new alleged violations regarding your restricted driving privilege.

Re: Driving on a restricted license

Both the code sections which you've cited involve offenses for which one can be jailed. You should therefore engage the services of competent defense

counsel to represent you in this matter and if you cannot afford to hire such on your own then you should request that the court appoint one for you to handle your defense.

Re: Driving on a restricted license

Wait, you were convicted on THIS charge already? I don't understand how we get from a broken tail light to reckless driving.

If this was less than 10 days ago, in general district court, you need to *RUSH* to the Courthouse (get someone else to drive). TOMORROW be there when the Clerk of the Court opens and file a NOTICE OF APPEAL. Ask for the form from the clerk and ask for help to make sure you filled it out right. (HINT: Don't ask how. Do your best, then ask the Clerk if it is okay. Clerks are touchy about giving legal advice, but they will tell you if the form is done right or not.) BUT YOU ONLY HAVE 10 DAYS TO APPEAL.

Virginia has a peculiar system. You get a whole new trial in Circuit Court if you appeal. It is as if the first trial NEVER happened. In fact, both sides can't even talk about what happened before. The slate is wiped clean and you start over.

Seriously, get a lawyer. This result is so bizarre, and the consequences are so severe, that this doesn't add up. Reckless driving is a misdemeanor, a CRIME, with potential jail time. As such you are entitled to a public pretender. But try to afford a real lawyer. Don't mess around here.

Get an affidavit from your sponsor saying that you were at the AA meeting and that talking to him at his house was a part of the treatment (or whatever AA calls it). I mean don't ask him to lie, but try to get him to think about this enough to come up with something helpful that is also true. I suspect that won't be hard. An affidavit is any statement that is SWORN to before a Notary Public. It should be labeled "Affidavit" and it should say "I hereby swear under oath" or something like that. Your sponsor should also come to the trial. He can be subpoenaed if reluctant or if he needs the "cover" to get time off from work, etc.

Finally, you need to look at the exact wording of the restricted driver's license order. I would still do the above things no matter what. But there might be some restriction as to times when you can drive or something like that. However, I would still demand a trial anyway and try your best.

I haven't looked up those statutes, but if there is a defect in the "charging document" naming the wrong statute, then you walk away free, but only IF you challenge this at the trial. When the prosecution gets done putting on their case, your lawyer should stand up and say "MOTION TO STRIKE THE EVIDENCE, your honor. The prosecution has put on proof for the wrong statute. The charging document does not charge my client with the offense that the prosecution has been attempting to prove." To make that defense work, your lawyer needs to know exactly what items need to be proven for each statute, to see if the prosecution fails to prove all the elements necessary to establish the crime.

Also, consider paying for a court reporter if you think something whacky is going to happen, so that you can appeal this.