Legal Question in Traffic Law in Virginia

Reckless in Dinwiddie

I recently received a Reckless Driving ticket for speeding at 83 in a 65 in Dinwiddie County, VA. I have a court appearance on Thursday morning April 22. I do not have an attorney at the moment and am worried it may be too late to obtain one. My question is, how to go about pleading to lesser charges. Should I attempt to contact the Prosecution befor hand or go before the judge and ask for leniance? I do not feel as though I was going anywhere near 83, but don't want to fight the basic ''poor operation'' of the radar fight if it's going to piss off the judge. I would just like to lower the charge from reckless to speeding as I do not have any other points against me at the moment and have not had any tickets since I was 18(5 years ago). Should I approach the judge with a willingness to take a driving improvement course in the hopes he will lower the charges? Any help would be greatly appreciated!!


Asked on 4/19/04, 11:21 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Reckless in Dinwiddie

If you are unable to secure competent defense counsel prior to your hearing on April 22, 2004,and for whatever reason do not wish to or are unable to secure a continuance in the matter, your best approach is one that you've already alluded to, i.e, approach the prosecutor assigned to your case before court convenes, reiterate(politely) your contention that you were not going anywhere near the speed charged(and any credible reasons you may have in support of this belief), and then express your willingness to enter a plea of guilty to the charge of improper driving found in the Va.Traffic Code at S46.2-869, which is a traffic infraction as opposed to a jailable misdemeanor offense, punishable by a fine of not more than $500.

Improper driving is a disposition which may be recognized as appropriate for any of the 15 or so different kinds of reckless driving enumerated in the code "where the degree of culpability is slight", the court has the discretionary authority to accept a disposition involving the above referenced lesser charge.(The consequences for your insurance premiums will also be far less serious by your plea to this lesser charge.)

Your willingness to attend a driver improvement program could also be offered to the prosecutor as an added inducement to secure her agreement to this plea bargain.

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Answered on 4/19/04, 7:32 pm
Brian Miller Brian M. Miller, Attorney at Law

Re: Reckless in Dinwiddie

You have the right ideas. It is not too late

to get an attorney, but you should act

immediately. Call the bar association in your County

to get a referral. You could also use the internet

to find an attorney. It is very possible the charges will be reduced if you agree to take a safe driving course

or for some other reason. Also your court date can be continued for you to find an attorney.

YOu should file a Continuance request right away with the court

if you need more time.

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Answered on 4/19/04, 11:25 am


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