Need advice on a reckless ticket in VA

Roadster4Us · 06-06-2011, 08:34 AM

Quote:

Originally Posted by Jessobear

So if you wanted to find a lawyer, how would you even go about doing that? This isn't the kind of thing I keep abreast of.

I'm pretty sure points don't matter at all to me because I don't live in VA and have an out-of-state license. When I got the one previous speeding ticket in VA, there were definitely no points involved (I had an IL license at the time). I just paid the fine and went on with my life.

Double check this just to be safe...

Out of State Traffic Tickets and Reciprocity

Forty-five states and the District of Columbia participate in the Driver License Compact (DLC). Georgia, Michigan, Wisconsin and Tennessee are the only states that don't participate in this interstate compact.

Started in 1960, the DLC, which champions a motto of "One Driver, One License, One Record," is used by participating states to share information on moving traffic violations. So say for example, you receive a speeding ticket or some sort of traffic ticket in Minnesota, your home state of Vermont will be notified. The violation will then go on your driving record. Depending on your state, this could be in the form of points which could ultimately affect the status of your drivers license. If however, you get ticketed for a moving violation in one of the non-participating states like Georgia, for example, your home-state DMV may or may not be notified.

Red__Zed · 06-06-2011, 08:37 AM

Also worth noting that (I believe) all those states notify your home state, it is just iffy you you live there. I know TN sends the points back to VA...

PapoZalsa · 06-06-2011, 10:18 AM

Quote:

Originally Posted by Jessobear

So if you wanted to find a lawyer, how would you even go about doing that? This isn't the kind of thing I keep abreast of.

I'm pretty sure points don't matter at all to me because I don't live in VA and have an out-of-state license. When I got the one previous speeding ticket in VA, there were definitely no points involved (I had an IL license at the time). I just paid the fine and went on with my life.

Unless you are in the Armed Forces you cannot have an out-state license in the Republic of VA and I beleive in most of the states is like that too.

I just got a ticket last year for that reason because I had a FL license in top of the infraction that I was stop for.

However I got the stupid VA license, went to court and the charges where drop to driving with having possesion of a license.

What I learned in court that day is that if you go like a bully you are going to get hammer. If you admit your guilt and the infraction don't carry jail time the judge is more comprehensive with you and will reduce the charges if it is your 1st offense 99% of the time.

Red__Zed · 06-06-2011, 10:25 AM

Quote:

Originally Posted by PapoZalsa

Unless you are in the Armed Forces you cannot have an out-state license in the Republic of VA and I beleive in most of the states is like that too.

I just got a ticket last year for that reason because I had a FL license in top of the infraction that I was stop for.

However I got the stupid VA license, went to court and the charges where drop to driving with having possesion of a license.

What I learned in court that day is that if you go like a bully you are going to get hammer. If you admit your guilt and the infraction don't carry jail time the judge is more comprehensive with you and will reduce the charges if it is your 1st offense 99% of the time.

I agree for the most part, but every judge is different. It is often helpful to watch how they respond to earlier people.

My little brother got absolutely hosed. 4 counts of driving with a suspending license, operating a motorcycle without class M, reckless endangerment, running a red light, no insurance, no tags, no registration, vehicle not titled, etc... (he's our family's shining star

).

Went with him to court...he was a total dbag to the officer and the judge, talking smack about "f the pigs" and whatnot.

Judge decided to drop everything to one count of disregarding a highway sign. I was like

b1adesofcha0s · 06-06-2011, 10:43 AM

Quote:

Originally Posted by Red__Zed

I agree for the most part, but every judge is different. It is often helpful to watch how they respond to earlier people.

My little brother got absolutely hosed. 4 counts of driving with a suspending license, operating a motorcycle without class M, reckless endangerment, running a red light, no insurance, no tags, no registration, vehicle not titled, etc... (he's our family's shining star

).

Went with him to court...he was a total dbag to the officer and the judge, talking smack about "f the pigs" and whatnot.

Judge decided to drop everything to one count of disregarding a highway sign. I was like

dubhov · 06-06-2011, 04:05 PM

I would most definitely get a lawyer. A reckless is a misdemeanor, and in a whole 'nother class of "crime", if you will, than a regular speeding ticket. Your record sounds fairly clean, so that's ammo for your lawyer right there. If you're polite, wear a tie, and let the lawyer do the talking, chances are you can get it reduced. IMO it's a racket anyway...the lawyers are all buddies with the DA/DA assistant/WHOEVER will be representing the state.

You won't get out of it, and you'll have a hefty fine to pay; the differences in insurance in the long run will be worth it though. FYI, the lawyer will run you ~$1000...sucks, I know, but like I said, probably worth it long-term.

My advice is to look for lawyer reviews, find the most professional looking websites, and go from there. Call them up and see what they can do for you. Don't be afraid to ask for prices too...there will be no bargaining after the fact anyway, so couldn't hurt to ask up front.

If you do end up getting a lawyer, your guy will talk to the DA(ish) guy before the slew of recklesses and DUIs get under way and most likely strike a bargain with him. I had a reckless and had it reduced to "improper driving" which is just a traffic offense and carried less of a fine.

Hope this helps.

Jessobear · 06-06-2011, 05:26 PM

Thanks. I'll make some calls when I get a chance.

b1adesofcha0s · 06-06-2011, 05:38 PM

Good luck

Jessobear · 06-06-2011, 07:38 PM

I did some research and the most reasonable advice I found was to show up in court with no lawyer and attempt to speak with the officer and/or the commonwealth attorney prior to court. It was felt that you could very often make a deal with them where you would agree to plead guilty to a lesser charge (careless driving or speeding).

If you were unable to speak with either of them or they were unwilling to make a deal, you file for a continuance and then hire a lawyer.

The general feeling was that hiring a lawyer was an unnecessary expense that resulted in no additional good in most cases. There was no risk in trying to make the deal yourself because you could always request a continuance and still hire the lawyer. The only thing wasted was your time.

The one exception where you always hired the lawyer was if you were trying to get the ticket dismissed, which I'm not trying to do.

wilsonp · 06-06-2011, 07:49 PM

Obviously you can have an out of state license if, like he mentioned, you aren't a resident of Virgnia.

Roadster4Us · 06-06-2011, 08:14 PM

Seems like very sound advice. Good luck.

Quote:

Originally Posted by Jessobear

I did some research and the most reasonable advice I found was to show up in court with no lawyer and attempt to speak with the officer and/or the commonwealth attorney prior to court. It was felt that you could very often make a deal with them where you would agree to plead guilty to a lesser charge (careless driving or speeding).

If you were unable to speak with either of them or they were unwilling to make a deal, you file for a continuance and then hire a lawyer.

The general feeling was that hiring a lawyer was an unnecessary expense that resulted in no additional good in most cases. There was no risk in trying to make the deal yourself because you could always request a continuance and still hire the lawyer. The only thing wasted was your time.

The one exception where you always hired the lawyer was if you were trying to get the ticket dismissed, which I'm not trying to do.

grithe · 06-07-2011, 03:13 PM

This is not legal advice. I am not qualified to provide legal advice.
I've only been a "customer" of the VA traffic court legal system(aka Revenue Generation System).

Quote:

Originally Posted by Jessobear

show up in court with no lawyer and attempt to speak with the officer and/or the commonwealth attorney prior to court. It was felt that you could very often make a deal with them where you would agree to plead guilty to a lesser charge (careless driving or speeding).

It is my understanding at least in some VA counties that plea deals can only be made by your lawyer.

Quote:

Originally Posted by Jessobear

There was no risk in trying to make the deal yourself because you could always request a continuance and still hire the lawyer.

Showing up and asking for a continuance because you cannot make it to court probably will not work.

Calling ahead and requesting a continuance (before the deadline) can be good for lessor charges. Several years ago I got two continuances(finals week and summer finals week) and ended up in court more than 3 months after the original court date and the officer lost my paperwork. Case dismissed.

Your lawyer can also show up and ask for a continuance if he knows the judge/ada does not reduce anything. Then you show up at the next court date with a hopefully favorable judge/ada.

Quote:

Originally Posted by Jessobear

unnecessary expense that resulted in no additional good in most cases

Additional Good:
My lawyer got the RD ticket reduced to speeding and no traffic school required. Friend of mine's lawyer just got his RD dismissed totally(I'm fairly irritated, and wouldn't expect that to happen again).

What county were you in?

eastwest2300 · 06-07-2011, 03:22 PM

It sounds like there are all kinds of options you can choose from, choose wisely.

PapoZalsa · 06-07-2011, 03:51 PM

Quote:

Originally Posted by Red__Zed

I agree for the most part, but every judge is different. It is often helpful to watch how they respond to earlier people.

That is exactly what I did, I saw the the ones that argued got hammered hard and the ones that admitted guilt got off easier. So I admitted my infraction, charges were dropped to a lesser infraction, payed like $25 and went on with my life.

ak6ar · 06-07-2011, 04:22 PM

Quote:

Originally Posted by PapoZalsa

That is exactly what I did, I saw the the ones that argued got hammered hard and the ones that admitted guilt got off easier. So I admitted my infraction, charges were dropped to a lesser infraction, payed like $25 and went on with my life.

IANAL, but I would just note that in VA they take reckless pretty seriously. They may reduce the fines/points on lesser infractions, but they tend to treat reckless as especially egregious. I would definitely talk to someone about this. I know a couple people who had high MPH tickets that were reckless in NoVA who both thought going in without a lawyer would be fine. Each one got screwed (and we are talking about the no lube up to your elbow type).

Now NoVA is different than Richmond, so I don't know how they handle it there.

06-06-2011, 05:38 PM	#38 (permalink)
b1adesofcha0s A True Z Fanatic Join Date: Jan 2011 Location: MD Posts: 40,963 Drives: HypeTrain Choo Choo! Rep Power: 141	Good luck __________________ Project: b1adeZmobile (2009 370Z) \| Uprev Tune by AAM Competition \| Berk Exhaust Project: b1adeZmobile 2.0 (2014 C7 Z51) \| Corsa Xtreme Exhaust

06-06-2011, 07:49 PM	#40 (permalink)
wilsonp A True Z Fanatic Join Date: Jul 2010 Location: Virginia Posts: 1,134 Drives: 2009 Touring Sp Nav Rep Power: 16	Obviously you can have an out of state license if, like he mentioned, you aren't a resident of Virgnia. __________________ 2014 Cayman S PDK Sport Chrono White/Black Was 2009 370Z Touring Sport+Nav 7AT Metallic Black/Persimmon Was 1991 NSX Auto Black/Black

06-07-2011, 03:22 PM	#43 (permalink)
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06-06-2011, 08:37 AM	#32 (permalink)
Red__Zed A True Z Fanatic Join Date: Jul 2010 Location: window seat Posts: 28,940 Drives: Mostly on two wheels Rep Power: 119	Also worth noting that (I believe) all those states notify your home state, it is just iffy you you live there. I know TN sends the points back to VA...

06-06-2011, 04:05 PM	#36 (permalink)
dubhov Base Member Join Date: Oct 2010 Location: Virginia Posts: 36 Drives: 10 NISMO 370Z Rep Power: 14	I would most definitely get a lawyer. A reckless is a misdemeanor, and in a whole 'nother class of "crime", if you will, than a regular speeding ticket. Your record sounds fairly clean, so that's ammo for your lawyer right there. If you're polite, wear a tie, and let the lawyer do the talking, chances are you can get it reduced. IMO it's a racket anyway...the lawyers are all buddies with the DA/DA assistant/WHOEVER will be representing the state. You won't get out of it, and you'll have a hefty fine to pay; the differences in insurance in the long run will be worth it though. FYI, the lawyer will run you ~$1000...sucks, I know, but like I said, probably worth it long-term. My advice is to look for lawyer reviews, find the most professional looking websites, and go from there. Call them up and see what they can do for you. Don't be afraid to ask for prices too...there will be no bargaining after the fact anyway, so couldn't hurt to ask up front. If you do end up getting a lawyer, your guy will talk to the DA(ish) guy before the slew of recklesses and DUIs get under way and most likely strike a bargain with him. I had a reckless and had it reduced to "improper driving" which is just a traffic offense and carried less of a fine. Hope this helps.

06-06-2011, 05:26 PM	#37 (permalink)
Jessobear Base Member Join Date: Oct 2010 Location: Washington, DC Posts: 201 Drives: '10 370Z Tour/Sp M6 Rep Power: 14	Thanks. I'll make some calls when I get a chance.

06-06-2011, 07:38 PM	#39 (permalink)
Jessobear Base Member Join Date: Oct 2010 Location: Washington, DC Posts: 201 Drives: '10 370Z Tour/Sp M6 Rep Power: 14	I did some research and the most reasonable advice I found was to show up in court with no lawyer and attempt to speak with the officer and/or the commonwealth attorney prior to court. It was felt that you could very often make a deal with them where you would agree to plead guilty to a lesser charge (careless driving or speeding). If you were unable to speak with either of them or they were unwilling to make a deal, you file for a continuance and then hire a lawyer. The general feeling was that hiring a lawyer was an unnecessary expense that resulted in no additional good in most cases. There was no risk in trying to make the deal yourself because you could always request a continuance and still hire the lawyer. The only thing wasted was your time. The one exception where you always hired the lawyer was if you were trying to get the ticket dismissed, which I'm not trying to do.