Legal Question in Traffic Law in Virginia
On October 31, I got reckless driving on a motorcycle 102/70 on Rt-29 in Amherst County, VA. I've heard of people being able to get the charge reduced if they have a clean record and take a driver safety course. Do I need representation, I have to avoid jail. Please let me know. Thanks and best regards.
2 Answers from Attorneys
Yes, since reckless driving is classified as a criminal misdemeanor in the
Code of the Commonwealth, you should be represented in this matter
by an attorney (if at all possible). And, yes, having completed an approved
driver's education course could possibly favor the ultimate disposition of your case.
Even if you were charged with 81 in a 70 (that's reckless driving believe it or not), you would want to hire a lawyer because of the reasons provided by Mr. Hendrickson: it is a criminal offense.
In your situation, 100+ mph (regardless of the speed limit) will probably result in jail if convicted. Even if it does not result in active jail, a realistic fine in such a case might be over $1,000, in addition to loss of driving privileges.
You need a lawyer who knows how to challenge the technical flaws and operator-error induced inaccuracies of the device used to track your speed. It was probably a radar, laser radar, or moving-mode radar (radar in a cruiser).
A driving safety improvement course prior to court is only one of about 4 or 5 things I would personally suggest prior to court...but I'm known for making my clients go overboard.
Best of luck,
Brenton D. Vincenzes
Principal Attorney, Vincenzes Law, PLLC
11325 Random Hills Rd. #360
Fairfax, VA 22030
http://www.VincenzesLaw.com
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