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  (#1)
opossum puncher
 
zx6rfool's Avatar
 
Posts: 7,827
Join Date: June 9, 2003
Location: Winchester
October 8, 2004, 01:09 PM

Hey, Looking for some info about common, reasonable punishment handed out by VA judges for a charge of reckless. (In a car)
Here's the scoop, I was playin around late on a thursday, it was raining, e-braked through a turn, well the back end came around just a bit further than expected, and my bumper side swiped a parked car. I stopped and talked to the owner, who was outside at the time, and exchanged information, he later decided to call the police who showed up at my door an hour later. Cops cited me for reckless (I admitted to playing around) and as such this is a Class 1 Misdemeanor. At this time I have waved my right to a Lawer (couldnt afford one anyway, and because I admitted to pulling the ebrake i figure his/her defense would be limited) Any one have ideas or advice, and please keep it constructive.
Thanks

Brad
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  (#2)
Lurker
 
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Premier Member since: December 31, 1969
Posts: 399
Join Date: July 9, 2004
Location: Sterling, VA
October 8, 2004, 04:32 PM

You could be looking at a couple days in jail and a suspended license. But it all depends on the judge. Regardless, why don't you get a public defendant?


-Long
2004 YZF-R1 red
2002 YZF-R6 blue
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  (#3)
It's just a flesh wound
 
Posts: 1
Join Date: October 10, 2004
Location: Gainesville, FL ... used 2b in DC ;0(
October 10, 2004, 05:48 PM

First of all, if it was in Fairfax County, you've got to get an attorney. I got a reckless ticket in Fairfax last December. It was my first ticket since 1989 - yup 1989. I went to court without a lawyer, expecting a steep fine and some points. I got a 6 month suspension and 6 points! I appealed, this time with a lawyer, and got a restricted driving permit. The suspension ended this past Wednesday, but my insurance is screwed for 11 years (according to the judge, that's when the points drop off). You can't get a public defender for this type of charge, but you can usually get a lawyer for $600 or so. Call around and do not go without a lawyer. You will get screwed royally. Good luck!
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  (#4)
opossum puncher
 
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October 10, 2004, 10:36 PM

Good GOD! Well Im gonna call a lawyer tomorrow morning, thankfully it was not in NOVA, but in Blacksburg Va (VT) Ill have to see. 6 points is the minimum, for reckless so I expect that, but otherwise I dunno...
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  (#5)
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October 11, 2004, 05:16 AM

Beg the judge for community service instead of fine and jail. Just a thought.


Ride Hard or Put it Away. Trickn is life.
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  (#6)
DT
Yesssssss.....
 
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Join Date: June 24, 2004
Location: NYDB
October 11, 2004, 07:58 AM

Quote:
Originally Posted by zx6rfool
Good GOD! Well Im gonna call a lawyer tomorrow morning, thankfully it was not in NOVA, but in Blacksburg Va (VT) Ill have to see. 6 points is the minimum, for reckless so I expect that, but otherwise I dunno...
That sucks - good luck bro.


04 600RR - SOLD

"I am a soldier, I fight where I am told, and I win where I fight."
- General George Patton Jr
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  (#7)
DAS BOOT
 
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Posts: 13,986
Join Date: June 28, 2004
Location: Hell, need some suntan lotion?
October 11, 2004, 09:23 AM

*First, may I suggest that you ask for a continuance about 5 days before the court date. This might aid in getting you a later date and the officer might not be able to show up. This is not guarenteed, just helps your chances a little more.

Secondly- don't pull up any BS to the judge either. They hear so many excuses that they will see right through it. (One guy that had a ticket while I was sitting with my brother said, Can I go to school- judge asked why, the guy said so I can learn, judge said to what? not speed? the guy said yes, the judge said I will teach you right now...when that didn't work, he said he had bi-polar......like that had anything to do with his foot on the gas) All you will do is p*ss them off...

Dress nicely, it will help a little bit

GET A LAWYER- or a Court Appointed lawyer. If you make below a certain amount, they are required by law to obtain a lawyer for you.

Wreckless is 6 points, however it is not 11 years, it's 5 years before insurance will disregard it. From here on out (since a couple of years ago) nothing will ever go away from your record. It will always be there. They just are not allowed to hold it against you past a certain amount of time.

When I got my wreckless I had my license suspended for 3 months on restricted work license and had to pay a $500 fine plus court costs...
I did not have a lawyer...so unfortunately, I speak from experience.

**FINAL PIECE OF ADVISE- NEVER ADMIT TO ANYTHING, ESPECIALLY TO A COP. You have a right to face your accusser. The police officer did not witness anything. Unless this person actually filed charges against you, I do not even think that they are able to prosecute you.
That person called the police, because he needed an accident report for his insurance....

Sorry for the length folks!!


Wow. Just..................wow.
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  (#8)
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October 11, 2004, 09:30 AM

Don't believe you can get away with the whole "get a continuance and hopefully the cop won't show up"... when you ask for a continuance they ask the cop what his next court days are and you get one of those days... and even if he doesn't show up I don't think they dismiss the case anymore... anyhoo...

Get a lawyer. You can get put in jail for reckless driving depending on the severity of the offense. I had a completely clean driving record (-5 points, the "best" you can be at) and it was my first offense - got popped for 84 in a 55 (oops), and the judge nearly took my license for 3 months (no restricted). Luckily my lawyer was able to get it down to a 250$ fine, 6 points, and 30 days suspended jail sentence (so basically if I f up again in 12 months, I could possibly go to jail for 30 days).

The guy in front of me had -1 points, got popped for 85 in a 55 (similar to mine) and had no lawyer. The judge took his license for 6 months and fined him 1500$. He's appealing.


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Nudist: If Ben isnt still riding me, then I need it
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  (#9)
DAS BOOT
 
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October 11, 2004, 12:27 PM

Quote:
Originally Posted by ClemsonJeeper
Don't believe you can get away with the whole "get a continuance and hopefully the cop won't show up"... when you ask for a continuance they ask the cop what his next court days are and you get one of those days... and even if he doesn't show up I don't think they dismiss the case anymore... anyhoo...
I drove my brother to court 3 weeks ago because he thought his license was going to be taken for his wreckless...
The State Trooper never showed up, even when he was supposed to come in. My brother got lucky and got out of the tickets he was issued.
The judge had to dismiss all cases from this Trooper...
You have a right to face your accusser...the court system can not just say, well if he said you did it, you must have done it. He has to be there to back it up...


Wow. Just..................wow.
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  (#10)
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October 11, 2004, 12:34 PM

Right, but I've heard of cases where they just continue to the cops next court date in his absence.


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Katie #135.



Nudist: If Ben isnt still riding me, then I need it
B: that sounds odd
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  (#11)
Licensed Rider
 
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Posts: 141
Join Date: June 19, 2004
Location: Stafford
October 19, 2004, 11:03 AM

[quote="LadyK"]***FINAL PIECE OF ADVISE- NEVER ADMIT TO ANYTHING, ESPECIALLY TO A COP. You have a right to face your accusser. The police officer did not witness anything. Unless this person actually filed charges against you, I do not even think that they are able to prosecute you. That person called the police, because he needed an accident report for his insurance....



I see a lot of advice posted and hopefully youll be able to take from peoples past mistakes. First, it does not matter if the officer witnessed the accident. There was a victim and he will have to show up to court and testify in order for you to be convicted of the offense. However, The officer cannot testify to your driving behavior only to what you told him, which is where LadyK is right on point. The officer issued you a reckless driving charge most likely based on what the witness said and your admission of guilt. And to clear something up, the victim does not have to file charges in this case and the best thing you could do for yourself would be to get a lawyer. This is a class 1 misd, which means that jail time is always a possibility. Ive only seen Judges give jail time in two cases in the 8 years Ive been a cop and both of those people had long histories of reckless driving. If at all possible, call the person you hit and tell him you want to work out the cost of his damage privately. If he agrees then ask him if he could not show up to court that day. That would be your best bet for not getting convicted. In our court, unless the officer witnessed the accident, if the person doesnt show up they drop the ticket. GOOD LUCK.


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  (#12)
opossum puncher
 
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October 19, 2004, 08:02 PM

Well i have retained a lawyer, and he has continued the case till the officers next date. He thinks that he can get the charges lowered to improper driving, I hope he can, and his cost was minimal, 350. Nov 17th, wish me luck
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