Reckless Driving - Hampton, VA

[dolci]

Yup, I got stopped on my way to VA Beach with the kids in the back seat.  They were singing they brains out, I was singing with them and wasn't paying attention.  I was not driving my car but did have the registration.  I have to go back on october 7 for court. 

Do I need an atty?  Any recommendations?

I have a completely clean record.

ETA:  MD license

[Bun-bun]

Do I need an atty?  Any recommendations?

I have a completely clean record.

ETA:  MD license

How important is your clean record to you? An atty will help, but won't come cheap. If you don't make your living off of your license, I wouldn't bother with an atty. I would recommend you plead not guilty, then tell the judge what happened, mention your clean record, and ask him to drop it to simple speeding. Usually works.
Are you in the area now?
Wanna take a ride?

[dolci]

Thx.  I only need to make certain that I don't lose my license.  I don't have/need clearance.  Not in the area now, I was only there Monday/Tuesday and had 2 10-year olds with me.....

[potomacduc]

Before you go without an attorney understand the risk you are taking.  Reckless driving is a Class 1 Misdemeanor in VA.  That is the highest level of crime short of a felony.  You have to have large amounts or be caught multiple times before marijuana posession rises to Class 1.  Public Masturbation is Class 1.  Assault is Class 1.  Breaking and Entering is Class 1 (if damage is less than $1000) etc. etc.  If convicted of reckless driving you will have a criminal record for the rest of your life.  It will come off of your driving record, but the crimimal record is permanent.  Every time you are asked the question of whether or not you have a criminal record, you will have to say yes.  Sure many employers will see that it was "just reckless driving/speeding" but maybe they'll wonder if you pled down to that and were actually drunk driving.  Yes, they can look it up and see you didn't plea, but maybe they'll just move on.  Maybe they will move on as soon as they see "yes" to the question of a criminal record. 

I know it seems like "just a ticket" and I sound like I work in marketing for a traffic attorney, but you should know all of the facts before you casually choose to represent yourself.  I have fought 4 tickets in 3 other states without an attorney and only lost once and that was in 1989.  When I got a ticket for (alleged!) reckless driving,  I hired a lawyer.  The day I was in court, those with attorneys got deals and those without got screwed. I'm sure that was just a coincidence.... 


I should note that I am NOT an attorney and all of the views expressed in this thread are just my humble opinion...

[causeofkaos]

^^^I agree with above except i dont think an employer asks if you have ANY record they they ask specifically if you have a felony. They dont generally ask about a misdemeaner.
Your results may differ.

[Statler]

^^^I agree with above except i dont think an employer asks if you have ANY record they they ask specifically if you have a felony. They dont generally ask about a misdemeaner.
Your results may differ.

I ask for criminal convictions.   If you say no and I find anything (misdemeanor is still public record and searchable) you're not getting hired.  I know of nobody who asks felonies only.   

[dolci]

For me, the most upsetting thing is that from what you're all telling me, while the criminals that I investigate continue to rob and steal from people, I'll be forced to leave my industry if I ever leave my current employer.  Well, that settles it.

Anyone wamna buy a duc?  I don't have funds for an atty so it goes.

[potomacduc]

The reckless driving law in VA is assinine.  It's main purpose is to ensure full employment for "esteemed members of the bar".  Who would pay big $ for an attorney for a speeding case if there wasn't the threat of incarceration and a criminal record?  When you have a nominally part-time legislature like VA, these are the sort of laws you get.  I feel your pain.   I paid $1500 for my attorney and that was the lowest I could find for someone experienced in Frederick County (Winchester).  In some jurisdictions you might be able find someone for $1,000 or maybe even less.  It's a lot of money.  If you do hire an attorney, make sure you hire someone who is experienced in the court where your case will be heard.  Relationships with the prosecutor and/or judge are key.  One question is how fast exactly were you going?  For what it's worth, the general rule of thumb my attorney gave me was that 80-85 gets knocked down most of the time, 86-89 is 50-50 and 90+ is unlikely to get knocked down and there is even a chance you will get some jail time.     

Good luck.

[dolci]

I was doing 80 in a 55. 

[potomacduc]

The law defines reckless as 80+ or 20+ over the limit.  80 in a 55 is bad in that you are meeting the definition under either measure.  They seem to occasionally show some mercy for 80 in a 65 because it is only 15 over, but 25 over reportedly makes some judges go ballistic.   

[Statler]

Conspiracy theories about bar associations and legislators crack me up.

[zooom]

Conspiracy theories about bar associations and legislators crack me up.

do they drive you to wearing tin foil hats and evading direct satelite beams and whatnot?

[potomacduc]

Did we find an attorney in our midst?  

No, bar associations do not have a "Special Committee on Revenue Enhancing Legislation" that secretly plans laws to make them money.  The world is rarely that fun, interesting or honest.  Bar associations do have very active and successful lobbyists.  Shockingly, the items on their lobbying agenda are often related to their own interests.  I am quite certain that all appearances of quid pro quo aside, this is merely coincidental.  Of course they only lobby for the public good, which as luck would have it is highly correlated with their own financial gain.  Oddly enough, this phenomena occurs with teachers, bankers and OMG the pharmaceutical industry as well as most other professions. 

Setting aside the wholly altruistic actions of lobbying organizations, there has also never been an incidence of a much simpler scenario playing out: a person acting in their own interest.  The fact that David Albo's practice includes "Serious Traffic Law" is simply yet another coincidence.

I'm glad we've cleared this up.  I was beginning to think that there was some connection between money, access, influence and legislative process.  Clearly I was on my way to becoming a total nut job.
   

[Statler]

 

[potomacduc]

Glad to see you checked back in on the status of your provocation.  Internet ranting, of course, is generally for one's own amusement, but if more are laughing, so much the better .