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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Criminal Law
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Experience:  Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.
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I got a speeding ticket in May 0f 2008 for reckless driving

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I got a speeding ticket in May 0f 2008 for reckless driving by speed. When I went to couort the judge said that if I take an online course and pay the fine he would reduce it to 75 in 65. I had some extenuating circumstances that resulting in my resigning from my job to take care of my two children ( I was a single parent) and I forgot to take the test and go back to court by date required. Now I have been rehired by the company I was employed by but they have a policy that says that I cant stay employed with a reckless driving ticket on my driving record. I have been a manager in this company before for 5 years but i cant continue now without getting this off my record. I have had nothing else on my driving record over the last ten years except for this ticket. I know that if I had figured this out within 90 days I could have corrected it but now it has been over a year since the ticket. What can I do?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Cowgirl Lawyer replied 4 years ago.
HelloCustomer

I wish I had good news for you.

Reckless driving in Virginia is not considered a minor traffic ticket, but rather a Class 1 misdemeanor, punishable by fines and up to one year in jail. In other words, it is actually a criminal conviction. As such, a conviction for reckless driving results not just in a traffic record, but a criminal record.

Since it has been over a year, it is too late to appeal the conviction.

It is not possible to remove criminal convictions from one's record in every state. Virginia is one of those states.

Convictions for reckless driving are not subject to expungement in Virginia. Virginia only allows expungement in cases that have been dismissed. Where a conviction has been entered on the record, then it is a final conviction. Unfortunately, because you did not complete the diversion program (the online course), you have a conviction on your record.

In Virginia, your only other potential avenue for relief would be an extreme long-shot. You could apply to the governor for a pardon. The pardon process is complex. And an extreme few pardons are granted. If you want to pursue a pardon, you would need to retain an attorney in your state who is familiar with the pardons process (this is not a common area of practice and many attorneys will not do pardons).

If you want to pursue a pardon, the place to start is the Virginia Secretary of the Commonwealth webpage about the Virginia Pardon Process.

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Please be aware that my answer is not legal advice, it is merely informational and educational. This public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights. You should consult with an attorney in your area for specific information relevant to your situation.







I will be happy to clarify my answer if you need me to do so, or give you further explanation if you need me to do so.

If not, please click ACCEPT to pay Just Answer and me for helping you. Your positive feedback wins me points and costs you but a moment of time. A "bonus" awards me for an especially good job.

Next time you visit Just Answer, please ask for me by name by starting your question with "For Gloria M."

Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. This public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights. You should consult with an attorney in your area for specific information relevant to your situation.





Customer: replied 4 years ago.
It was suggested to me by another attorney that i file the motion to rehear even though the 90 days has passed because the court still has to hear the motion and with the circumstances being what they are the judge might reconsider the judgement. Is that possible?
Expert:  Cowgirl Lawyer replied 4 years ago.
HelloCustomer

You could try that. The court is under no legal obligation to hear such a motion. If the prosecutor objected based upon your motion's being untimely, the court would dismiss your motion. However, if the prosecutor was agreeable to this solution, the judge might allow it. You might want to approach the prosecutor's office ahead of time to discuss the matter and tell them why you need this to happen. If you catch them on a good day, perhaps you will get lucky.

It might be worth a try.

I hope I have been helpful.

If so, please click ACCEPT to pay Just Answer and me for helping you. Your positive feedback wins me points and costs you but a moment of time. A "bonus" awards me for an especially good job.

Next time you visit Just Answer, please ask for me by name by starting your question with "For Gloria M."

Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. This public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights. You should consult with an attorney in your area for specific information relevant to your situation.



Cowgirl Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1422
Experience: Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.
Cowgirl Lawyer and 3 other Criminal Law Specialists are ready to help you

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