Appealing a Reckless Driving Conviction in Fairfax County, Virginia
When a local police officer writes you a ticket for reckless driving, some of the most common questions drivers have include:
- What happens next? Do you simply pay a fine?
The driver will need to go to court, based on the date placed on the summons. In terms of the fine, this can run anywhere up to $2,500, depending on the type of reckless driving that occurred, the driver’s history, and whether there were any aggravating incidences. There may be other consequences, such as a loss of license. The actual punishment will vary depending on a number of other factors. Many people charged elect to go to court by themselves.
People who appear without lawyers are sometimes surprised that the case doesn’t go there way or the judge doesn’t take into account the factors that they were expecting. If the court appearance doesn’t end in the result that the driver was hoping for, people often ask what options are available after a less than favorable ruling.
- Can You Appeal A Conviction?
If you are convicted, or found guilty of reckless driving in Virginia, you can definitely make an appeal, you have an absolute right to do so for any reason. The clock is ticking however, as you only have a ten-day window of opportunity to do this with the court. This appeal process is applicable to just about all criminal convictions in the state of Virginia, including reckless driving.
- If you pled guilty, is there still a chance to make an appeal?
Speak with a lawyer, you may have already waived your right to appeal. One added recommendation is that during the second trial, a reckless driving lawyer should be consulted to help you fight the charges and conviction. However, it is important to note that an appeal starts the process all over again. The old ruling will have little to no bearing on the appeal outcome. This means that an appeal can go better or worse than the original case. Obviously if you got a good result, the appeal may not be a risk worth taking. Additionally, simply not appearing in court is not an option on appeal. This is why it is so important that you speak to a lawyer before appealing a case.
Simply thinking you got a bad result is not a good reason to appeal. You should know that in the grand scheme of things, you have a shot at getting a better ruling on appeal. Simply guessing that you will get a better result can result in unfortunate consequences.
Why You Should Appeal
If there are factors that were not considered during your original case, an appeal gives you another opportunity to try to have those factors considered. Additionally, in Fairfax the Prosecutors office is involved in all appeals, which means with or without a lawyer the opportunity exists to negotiate a favorable plea agreement.
Things to Consider
When you file an appeal, the results of the first trial are removed entirely. It’s like starting a new trial all over again – and so, it’s in the best interest of drivers to come prepared, whether this means completing a driver’s course; challenging speedometer or radar readings; and proving past responsibility.
