Legal Question in Traffic Law in Virginia
Reckless Driving
About 2 weeks ago i went around a turn i took it a little fast but did not go over the speed limit a cop pulled me over and gave me a reckless driving ticket. now i was not speeding or driving reckless an i was wondering how his case would hold up in court? do you think that my liscense will be taking away? he said i went around the turn to sharp i do not see this as the definition of reckless driving. can you please give me some pointers on what i should say in court? and let me no if im going to be found guilty if i plea not guilty? thanks
1 Answer from Attorneys
Re: Reckless Driving
Although this does not fit any CLEAR definition
of reckless driving, it can fit a subjective
idea. However, therein lies the weakness in the
charge.
First, you definitely cannot plead guilty and
expect to get anywhere. You have to plead not
guilty. Reckless driving is a CRIME (a
misdemeanor) which can result in jail time. Your
driving record will make a huge difference.
You should go to the prosecutor before court
starts and ask him if he has any lesser offer.
Given the subjective nature of the charge (if
you were not actually speeding), the prosecutor
might accept a plea agreement of "IMPROPER
driving" which is much less serious. However,
definitely do not plead guilty to reckless
driving.
The Court could suspend your license for a period of time, but that is entirely up to the judge. Again, your previous driving record will make a huge difference.
If you go to trial and lose, you should immediately fill out a Notice of Appeal in the Clerk's office and appeal it to the Circuit Court. You will get a whole new trial, as if the first one never happened.
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