by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
NEGOTIATING WITH THE PROSECUTOR TO GET A RECKLESS DRIVING TICKET REDUCED If you are have received a reckless driving ticket in Virginia, particularly for a relatively low speed, you will probably be interested in getting the charge reduced. Obviously, the judge that hears the case will have the power to reduce or dismiss the charge. But charges can be reduced, and often are, through a process called plea bargaining. In a plea bargain, the Prosecutor agrees to resolve the case in a certain way if you agree to plea guilty. The advantages are obvious to both sides. From the driver’s side, you receive a certain result and avoid the risk associated with leaving the matter up to a judge who may do what you want or may impose some more severe punishment. The prosecutor also gets the advantage of a certain conviction. They also avoid having to spend time trying a case. Because of these advantages to both parties, a very large percentage of cases are resolved via plea bargain. In almost every jurisdiction in Northern Virginia, the Prosecutor will not look into the case until the day of court. This means that you will have to wait until that day to speak to the Prosecutor about a potential plea bargain. If you want to try to negotiate a reduced charge with the Prosecutor, there are a number of tips you will need to follow to get the best possible results. KNOW WHETHER THE JURISDICTION ALLOWS PLEA BARGAINS Different Prosecutor’s offices have different policies about negotiating plea deals. In Arlington, Alexandria, Fauquier and Prince William the Prosecutor will talk...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
How To Prove You Weren’t Driving Recklessly False accusations of reckless driving are quite common in Fairfax County, especially when there are usually no other witnesses to the crime. So just how can you fight these false allegations? Let’s first take a look at what reckless driving is: Reckless Driving Defined Reckless driving is considered to be driving with wanton disregard for life, limb or property, according to most legal definitions. The most common examples of reckless driving entail speeding, disobeying traffic signals, racing, or failure to comply with common rules like coming to a halt at a school bus stop. In the state of Virginia, there are literally dozens of ways a reckless driving offense can play out. The Catch If a police officer catches someone in the act of reckless driving, the consequences are dire. For one, it’s a crime and not a simple traffic infraction alone. If found guilty, this conviction can stay on your criminal record indefinitely, with no chance of an expungement (based on Virginia Laws). How does this crime differ from others in terms of penalties? Even though jail time is a possibility, it’s typically not a part of the sentencing unless there are aggravating circumstances – such as past offenses or injury to others. The fines are anywhere up to $2500 (although they are typically much lower than that), and there’s some possibility of a six-month license suspension for first offenders. Again, this is only applicable for particularly egregious cases. Challenging the Evidence& Proving Innocence Take for instance you were written up by a cop for speeding 20 MPH over the posted...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
How to Get Reckless Driving Ticket Reduced If you’ve received a summons to appear in a Fairfax County court due to reckless driving, what’s next? The next plan of action is to appear on the summoned date. Why do you need to go to court vs. pay fines online or with the DMV? This is because reckless driving is considered a misdemeanor. The behavior essentially endangers the life, limb and property of others, and as a result – Virginia proceeds with a heavy-handed approach. Others states outline similar penalties, and here’s what you need to know: Common Penalties The cost for this offense, if found guilty, can go up to $2,500. It will also cost you 6 points from your driver’s license, and may even lead to license suspension for up to 6 months. While the most severe of these penalties are reserved for the most egregious violations, they are in play if you were going in excess of 100 miles per hour or have a very bad driving record. (Although even in those circumstances the fines are usually much lower.) The Basis of Penalties The sentence handed to drivers is largely based on the discretion of the judge. Nevertheless, there are a plethora of actions you can take now, which could help to shift the judge’s orders in your favor, including: Print Your Driving Record – if this is your first offense, and you can show that this was simply a moment of “slight indiscretion”, charges may be reduced or dismissed. A clean driving record depicts drivers as being generally responsible. Get A Criminal Defense Attorney –reckless driving...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
How to Fight a Reckless Driving Ticket in Fairfax What Constitutes Reckless Driving? According to the law, this involves two things: Manner – operating vehicles in a way that could possibly cause bodily harm to individuals, or property. Speed – exceeding the posted speed limits by over 20 MPH or going over 80 MPH regardless of the speed limit. These definitions are applicable to the state of Virginia. There are several other reasons an officer can cite you for reckless driving, including but not limited to: not using proper signals; ignoring a school bus stop; running a red light; driving too closely; speeding – or driving with wanton disregard. Reasons to Fight When most people get a traffic ticket, their first instinct would be to pay the fines rather than endure a day in court. While reckless driving, and a ticket without an arrest, may all seem like a simple traffic infraction, it’s may not be and the consequences may be more significant than initially appears. Turning a blind eye to a reckless driving ticket isn’t recommended. The fines may be significant, but the biggest issue is potentially substantial increases in insurance. . Jail time and a suspended license is also a possibility if there are extenuating circumstances. Nevertheless, if this is your first offense, and you have a fairly clean driving record, there is some possibility of having the charges either dismissed or reduced. One option is an improper driving charge, which is a civil infraction – rather than a crime. Other Reason to Fight In addition to the penalties outlined above, there may be added costs if...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Fairfax Reckless Driving Ticket For Out Of State Drivers Have you visited the state of Virginia and are now stuck with a reckless driving ticket? Did you know it’s not just a mere traffic infraction alone? It is typically not an issue unless you were going exceptionally fast, have a bad record or were alleged to have been driving in an extraordinarily dangerous manner. However, because it is technically a class 1 msidemeanor you are required to appear in court. In Fairfax however, there is a policy where an out of state driver can hire an attorney to appear on their behalf. This means the driver can avoid the nuisance of having to appear in court. Out-of-state drivers can be charged with a reckless driving offense in Fairfax, Virginia,if they were operating a vehicle in a manner considered as careless. Common examples include speeding, running a stop light, racing across a train track, or passing two parallel vehicles on a regular two-lane roadway. There are at least 20 sub-statutes outlined for reckless driving. The Penalties Out-of-state drivers face the same fines as registered residents, and theseinclude one or more of the following: Up to $2,500 in fines Possible jail time for extraordinarily aggravating circumstances In terms of license suspension or points reduction, the state of Virginia will regularly report the conviction to your home state (assuming they are one states that participate in the Interstate Compact). Once notified of the ticket it will be up to your home state to determine how to handle the ticket. Most states have written policies on how they handle Virginia convictions. You or...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Average Cost of a Reckless Driving Ticket A reckless driving conviction can cost you thousands in the long-run. To breakdown the median charges, consider: Fines – A court mandated fine. The fines aren’t usually the biggest issue. Fines typically are in the $100-300 range, although exceptions can happen if the behavior is particularly bad, the speed is exceptionally high and/or the driver has a very bad driving record. Insurance – this is usually the biggest cost. While there is no guarantee of how much an insurance premium will increase, there is often a hidden expense down the road to being convicted of a 6 point driving violation. You should try to determine how much you expect your insurance to increase before going to court. If you don’t think the increase will be significant hiring a lawyer may be an unnecessary expense. If on the other hand, your carrier is likely to impose a hefty increase or drop you altogether, hiring a lawyer may be the cheaper way to go. There may be other consequences, although they are rarer than the insurance increase. Like everything else the more homework you do before court do determine how these things apply to you personally, the better prepared you will be on your court date. Knowledge of how these issues will impact you is something that you have to determine on your own. Every person is different and has a different set of factors that will influence the final cost. A few minutes worth of research before court case save you significantly in the long run. Wages Lost – you...
