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?


Asked on 12/07/05, 9:01 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 12/07/05, 9:25 pm
Jonathon Moseley Jonathon A. Moseley

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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Answered on 12/09/05, 10:33 pm


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