So you were pulled over and charged with reckless driving in Virginia. You now have questions about this charge, and if you don’t, you should. Here are some Proactive steps you can take to help your case.
First, you should learn about the charge itself and consider how it could affect your time, your finances, and your criminal and driving records.
In Virginia reckless driving is a serious charge. It is a class 1 misdemeanor, which means you could face up to one year in jail and a $2,500 fine. It carries the same weight as other misdemeanor charges like driving while intoxicated, assault, and petit larceny. To learn more about the implications of this charge in Virginia, check out this article, “
Virginia Speed Traps: What You Need to Know.”
Second, you need a game plan for defending yourself against this charge. You may be surprised, but even the little details count.
BE PROACTIVE
Here are some things you can do to maximize your chances of getting the charge reduced, amended, or dismissed—or of getting your sentence reduced.
Put your court date and time on the calendar
For starters, take a close look at your citation or summons. It sounds so simple, but I cannot tell you how many people just assume that they’ve gotten a simple speeding ticket and then ignore it or think it can be paid online at a later date.
For reckless driving, unless your attorney or the court tells you something different, you must appear for your court date. If you don’t know your court date or lose your papers and can’t remember your court date, call the court clerk and find out the date and time. Even if you live in another state, plan on going to court and make arrangements to get there. Actually mark this date and time on your calendar.
Hire an attorney
If you’re charged with reckless driving under
Virginia Code Section 46.2–862, you should hire an attorney. Of course, I say that because I am an attorney (and we always think we are necessary). But truly, because this case carries possible jail time, it is best to consult with an attorney.
When an attorney negotiates on your behalf, you have a better chance of getting your charge reduced, amended, or dismissed. Even if you think you already know what you need to do, an attorney’s assistance can give you peace of mind.
To achieve the best results for your case and get the best assistance possible, you should hire an attorney as soon as possible.
Realize that the details behind your charge affect the outcome of your case
The likelihood of conviction, higher fines, and even jail time increase, depending on the facts surrounding your case. These facts also affect how much you should do proactively prior to your court date to help advance your cause. Ultimately, the lengths to which you will need to go to correct the situation will depend on how you were driving, what you said and did during the traffic stop, and your prior driving and criminal records.
It should be obvious but if you were rude or inconsiderate to an officer during your traffic stop, the prosecutor and the officer will not be inclined to offer you a better deal—or even any plea deal. Also, the higher the speed you were driving over the speed limit, the more likely you are to receive a higher sentence if convicted. If you have already been charged or convicted of reckless driving or speeding, you should expect a lot of push-back. The prosecutor may be less likely to alter your charge in any way or lower the sentence you receive if convicted.
The more factors you have stacked against you, the more proactive you need to be prior to your court hearing.
Take a good driving class before going to court
Before your trial date, take a driving improvement class, and make sure you finish it. Completing the course will help you more than if you have only completed part of it or have just enrolled in, but not taken the course.
If you can take a driving improvement class in person, it may cost more money and it definitely will take some time, but it’s worth it. If you have a prior reckless driving conviction or a prior speeding ticket, I highly suggest that you take an in-person class.
If you live in Virginia, you’ll find driving classes within your city or county. If you’re out of state, try to find a Virginia-approved online class. If you can’t find one, take a regular in-person driver improvement class in your own county, city, or jurisdiction—regardless of the state.
If you can take only an online driver improvement class, take a well-recommended and accredited class. For online courses, the longer, the better. Finding one with the most hours will show your commitment to improving the situation and your driving.
Print a copy of the certificate you get from the class
You will want to bring this certificate to court, so don’t forget it. The certificate will prove that you have completed the class. Also, the prosecutor will be able to copy it, keep it, and see that you have been responsive without having simply to take your word for it.
Print your driving record and bring it to court
Go to your state’s motor vehicle website. You should be able to print or request a copy of your driving record. For Virginia, go to the Department of Motor Vehicles’ website. For Maryland, go to the Motor Vehicle Administration site. And for Washington, D.C., go to the Department of Motor Vehicles.
Don’t make things worse than they already are
If I could tell you only one more thing besides my rallying cry to be proactive, it would be this: Between your first ticket and your court date, do
not get another traffic ticket! This will not help your case or your cause.
Returning to one of the original principles in this article, it is surprising how many times I have given clients this advice. And for good measure, I will say it again:
Be proactive. And don’t get another driving ticket.
Learn more:
Anderson & Quinn, LLC is a law firm based in Rockville, Maryland, providing individuals, businesses, corporations, and healthcare institutions with the legal and litigation support they need. Ms. Tehrani is an associate at Anderson & Quinn, LLC, 25 Wood Lane, Rockville, MD, 20850. Tel: 301-762-3303. Email: vtehrani@andersonquinn.com.
