Legal Question in Traffic Law in Virginia

Re: Reckless Driving - Non-resident

This is a question of penny-wise, pound foolish. He can have a misdemeanor conviction on his record for the rest of his life (or most of it) -- which is a CRIME -- or he can miss a day at work. The long-term impact of having a misdemeanor conviction on his record will FAR exceed (infinitely) the damage from missing one day at work. (It is possible that the court will reschedule for the most convenient day, but be very careful that you are 100% sure that they have agreed and get it in writing from them. Don't ever no-show, which is the worst thing possible.)

If I understand your note correctly, when you say 85/65, I assume you mean exactly 85 MPH, or exactly 20 miles over the speed limit, but 5 miles over the 80 MPH which makes it reckless. (It is reckless either over 80 OR more than 20 over any speed limit.)

If he physically appears, preferably with a LOCAL attorney from that city, the first step is to go and talk to the prosecutor roaming around. If his case gets called before you've had a chance to talk to the prosecutor ask for more time to do so and the judge will "pass over" the case to be called a little later that same day.

If your husband's driving record is good, it is likely that the prosecutor will cut a deal for simply speeding at 80, rather than reckless at 85. Although he was caught on radar, there is always some uncertainty within a few miles per hour. So the prosecutor may cut a deal.

Note that this is how you want to do it, NOT pleading guilty with an explanation. You want to go before the judge with a recommendation from the prosecutor of a compromise deal.

The very least you should do, if he cannot physically appear, is hire a local attorney to appear on the court date even if your husband cannot be there with the attorney.

Re: Reckless Driving - Non-resident

Your husband has the best chance of having the charge reduced to an infraction such as Improper Driving if he himself appears and, if possible, with counsel.

If that's not possible a well written letter honestly describing any mitigating circumstances which might credibly apply to the situation with

an accompanying statement of appropriate remorse coupled with his sincere promise to refrain from such speeding in the future would most likely be your husband's second best option.

There is virtually no difference in terms of actual legal consequences between the pleas of nolo contendere and guilty as charged (or, hopefully, lesser charged).

I see little value in hiring a lawyer who practices far from the court having jurisdiction over this matter to "prepare the letter and plead the reduction". Your husband's letter prepared, if necessary, with your assistance, along the lines which I've suggested above should have greater effect that counsel writing from afar.