Legal Question in Traffic Law in Virginia

Why, yes. You need a lawyer, and by the sound of it, rather quickly. A couple of pointers for folks that are new to the legal system. First, it is good news you have no traffic offenses in your past. That will help with negotiations. However, in VA, reckless driving is a first class misdemeanor with a sentence of up to one year in jail. It is also possible that the police officer will argue you were attempting to evade or escape an arrest. While you weren't charged with this, it will also be discussed with the prosecutor (the person who ultimately makes the final decision on how to move forward with the charges). In DC, there is a provision under Federal Law to allow first time offenders a deferred disposition -- attend a safety course, do some community service, and the charges are dropped. That is usually not available in VA -- but some jurisdictions do have diversion programs. It will help to take a safety course and traffic awareness class before the hearing -- and your attorney will explain this in more depth.

Secondly, it is very important to make clear that neither the state (Virginia in this case), nor the prosecutor (called a Commonwealth's Attorney in VA) care one whit about how you feel, or whether you thought you were "just keeping up with traffic." Get that out of your mind. This is about the facts only. Were you speeding? Did you loose control of your vehicle? Was there an accident? These are the factual questions your attorney will help you address, and ensure that the best possible spin is placed on the case.

DO NOT do this without an attorney. If you need further help, call us. 703-402-2723 or 1-800-579-9864. You may also reach us at [email protected].

Sean R. Hanover, Esq.