Have Traffic Law Questions? Ask a Traffic Lawyer Online.
Thank you for your question. Please permit me to assist you with your concerns.
Sam, other than your belief that you were not speeding as quickly as stated, do you have evidence that you weren't speeding, such as a video camera in the car?
Also, did you get a reckless ticket or a speeding ticket, or both? I ask as they are both somewhat different to defend against
Thanks. I got the reckless ticket by speed.
Do you have any more questions to answer my question?
Reckless driving is far harder to fight than simple speeding tickets
The best suggestion here is to go out to the location where you were cited and take images of the signs and the roadways
okay, I will do so.
then show as to how and where you were pulled over, and explain that what you were cited for is not possible. Make sure to take images of the signs, especially signs denoting speed
Pleading guilty is unwise
Pleading not-guilty is always the first step, changing the plea can always be done later. But pleading guilty takes away the claim that you are not guilty of the offense.
Hope that helps. Is there anything else I can clarify for you at this time?
Anything else I can tell judge to strengthen my case? Shall I take printout of my credit card statement which shows that I stopped at toll booth?
How easy it is to convert reckless driving ticket to speeding ticket you think?
Do I need a lawyer for my case?
Let me answer each of those in order.
Anything else I can tell judge to strengthen my case? This is a situation where it is your word against the officer, and your past record does not help you. This is why showing how the alleged driving took place is your best option.
Shall I take printout of my credit card statement which shows that I stopped at toll booth? That is a good piece of evidence, provided that you can show that you came to a complete stop.
How easy it is to convert reckless driving ticket to speeding ticket you think? Very much depends on the judge, the officer, and your past record. If you appear, it is possible to get the judge to agree but the officer would be the better bet. This is why appearing in court 30 minutes prior and asking for a plea is likely a better option.
Can you elaborate on what you mean by asking for plea?
Do I need a lawyer for my case? For your case, it would likely be very useful. Since this is reckless driving and you already have a record that is not clean, it would be better to get an attorney to come with you.
What might be the worst case scenario here?
Asking for a plea means that you ask for aplea deal--you agree to lead guilty to a lower offense or fine and he agrees to remove the higher offense. So he may remove reckless driving and you agree to plead guilty to speeding of 10 and over (as an example)
§ 50-2201.04, if found guilty, gets you 12 points on your license
oh, you said that I should not plead as guilty right
I am confused
What is your confusion?
you agree to lead guilty to a lower offense or fine and he agrees to remove the higher offense. So he may remove reckless driving and you agree to plead guilty to speeding of 10 and over (as an example)
if I don't plead guilty then what would I do in plea?
Then you plead not guilty
but pleading for a lesser offense avoids going in front of the judge and havinga judge either uphold or dismiss the ticket outright
and there, it is harder to predict how a judge would rule--most tend to uphold the citations
so I should go 30 minutes prior
in court and meet with judge or somebody else?
yes you should, but consider getting an attorney. reckless driving has a potential jail sentence component to the penalty.
You can be exposed up to a $500 fine and up to 3 months in jail for a reckless driving conviction in DC
And that is just a first time offender.
This happened in VA
In VA reckless driving is a class I misdemeanor
what does that mean?
the penalties are higher. In VA the potential penalties can include jail time, suspension of driving privileges, and a fine of up to $2,500
Can I appeal against court sentence?
There is a risk of having your license suspended for 6 months, and a jail sentence of up to 1 year
yes, you can appeal, but it is expensive
and usually no more than 15% of all appeals are granted favorably
getting this resolved early and quickly is in your best interest.
My court date is day after tomorrow. Can I ask for extension by going to the court?
You can ask for a continuance but it would be at the court's discretion to grant it.
You are most welcome. Good luck to you and please be well.
Try to contact the clerk tomorrow to see if you can reschedule.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).