Legal Question in Traffic Law in Virginia
wreckless driving
Charge-Wreckless Driving. I received a notice that I will need an attorney to represent me, especially since the state will have one to prosecute me. This charge can lead to lisence termination, fines and/or jail time. I have a clean driving record. How can I beat the charge? Do I really need an attorney? Can I get one for free? If I can't retain a lawyer, can a court appointed lawyer work for me and not against me?
2 Answers from Attorneys
Re: wreckless driving
Reckless driving is a Class 1 misdemeanor in the Commonwealth and therefore a jailable offense.
Since it carries the potential for jail, the court must appoint you a defense counsel if you are below a certain income level and cannot afford to hire such counsel on your own.
A court-appointed attorney, just as one retained by you, will work to ensure that you receive the minimum sentence possible under the circumstances. It is unlikely that you will be able to "beat this charge" but an appropriately experienced attorney should be able to negotiate some disposition in your behalf which is less consequential than reckless driving.
Re: wreckless driving
If you cannot afford an attorney, you can apply
to have a public defender represent you.
However, this is a very serious charge (although
given out like candy by many police officers).
You can be jailed for up to 1 year and fined
$2500, and lose your license.
You should immediately go and get a copy of
your driving record from the DMV. Don't assume
that your record is as good as you remember.
If you have an old car, go and have your
speedometer checked by a mechanic.
On the court date, you can go to the prosecutor
and ask to have the charge reduced to simple
speeding. If your driving recod is very good,
the prosecutor might do it.
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