What to Do After Being Convicted of Reckless Driving

[Tininha]

My question involves a traffic ticket from the state of: VA

Last July I was stopped in Henrico Co and issued a reckless driving 91/70.
I had a horrible experience. 2 kids in the car (one autistic) and 2 dogs. We were on our way to Norfolk to meet my husband who is a navy officer and was returning from a 6 month deployment. I had the car on cruise control at 77 and I admit that I turned to my kids to stop them from fighting and I hit the gas. Regardless I understand that I was clearly speeding and immediately reduced the speed.

The problem began when the trooper approached me and was clearly not polite or friendly. Needless to say, I cooperated and understood his explanation of the seriousness of the violation. At this point my autistic son was becoming very irritable and restless, I was becoming frustrated with the situation and asked the trooper what are my options since I do not reside in the area. At this point he raised his voice, told me to get out of the car and handcuffed me saying that I am endangering the lives of my children and that I refused to sign the summons. I was flabbergasted at his actions given that I was being cooperative and he never even handed the summons to me to sign. He proceeded to have my vehicle towed, my children taken with another trooper and my poor dogs in the car in a 100 degree weather with no ac.

I demanded that he would call a supervisor because I felt he was taking his actions a bit too far (even though I am fully aware that reckless driving is an arrest able offense however, majority of the offenders are not dragged to jail) he refused to call his supervisor and when the second trooper arrived to take my kids I proceeded to tell him what happened. Eventually on the way to the magistrates office his supervisor called and the trooper confessed that he never did give me the summons to sign. Needless to say, we were all dragged to the magistrates office, dogs to the animal control and my 5 and 9 year olds in panic.

I was not booked and immediately released. Plus I had to pay for the tow of my vehicle.

Now about me. I'm a 40 yo stay at home mom, clean driving record, and no criminal record. I was an investigator for the State of Florida for 7 years and an investigator with the District of Columbia where my job was to investigate police misconduct.

Immediately retained an attorney. The attorney presented my case in my absence and was unable to reduce my charge. The trooper testified that I was uncooperative, used explicit language and was and gave him a hard time. The judge sided with the trooper and I am stuck with this conviction on my record and $836 fine.

As far as going back to my former career, I can kiss that goodbye but how do I appeal within 10 days?
And As for my attorney, he has yet to call me with further legal advice

If filling a complaint against the trooper, will that have repercussions if I appeal the case?
Does anyone know the process of appeals? Website? Do I have to appeal in person?
Any advice is appreciated.

[flyingron]

If you want to appeal, you can do so within 10 days and get a trial de novo in circuit court. I recommend you both have counsel and you appear this time. You can either do so in person or have a lawyer do it. No you can not do it on line. In a cop vs. defendant argument, the cop will usually win (he's a disinterested expert witness). However without you being there, they can't even introduce your (possibly suspect) version of the story.

[Tininha]

Thank you for the advice. I hope the attorney is willing to proceed with the appeal. My concern is the possibility of a far worse out come.
Will filing a complaint with the state trooper even worth my time? I feel that he did handle the situation very unprofessionally during the incident. I was cooperative but clearly flabbergasted at his impulsive behavior of hauling me away and refusing my request to have a supervisor present due to my concern for my autistic son who was having a serious meltdown.
In my previous work, I investigated this type of behavior in the dc metro police and I have seen the repercussions of unprofessional and overly abusive authority by police officers. But I am not familiar with VA trooper complaint process or wether it is even worth my time to file a complaint.
As for the appeal, what is the success rate at having a better outcome i.e reduced conviction to improper driving or speeding.
My main concerns are;
1. The trooper's excessive behavior and his determination to put my children and myself through an unnecessary experience.
2. Having the reckless driving on my record will prevent me from returning to my former line of work

[Mr. Knowitall]

If the attorney who previously represented you won't assist with the appeal, there are many others who will should you contact and retain one of them.

[flyingron]

How you were treated during the traffic stop has NOTHING TO DO with your guilt or innocence. You're not going to argue that in court (other than to counter any statement that you were not cooperative, which isn't so much a guilt or innocence thing but may play into the judges discretion as to sentence). If you feel the cop acted improperly, you can make a separate complaint or inquiry to the department.

At 91MPH you're in the range where judges/commonwealth attorneys are disinclined to bargain down. You're at the speed where some judges are flirting with the idea of giving you a few days in the tank to think about your special crime. As a matter of fact, the lawyer you want now is probably NOT the lawyer you had before. You want one specifically familiar with the circuit court you're going to appear in. Circuit court isn't the three ring circus GDC is.

[Tininha]

You make a very important point.
After shelling out $1000 on the first attorney I am am hesitant to spend more money on another attorney for the appeal. Especially given the fact that there is a strong possibility of not having the charge reduced. I just want the RD not on my record so I can return to work.

[Tininha]

Some good new in light of this mess.
My speedometer was calibrated and it is 11 miles off. My attorney is confident going forth with the appeal with this new evidence.

[flyingron]

Your attorney may be indulging in wishful thinking. First, the spedometer error is not necessarily going to get you off. Further, 11 MPH lower still puts you in the reckless range. Good luck.

[Tininha]

Sorry maybe I did not write it correctly.
I just got off the phone with the attorney and the calibration indicates that my speedometer read 79mph (under 80) when the trooper said I was doing 91. The attorney told me that he is confident that with this new evidence and based on his experience the speedometer calibration certificate can make a favorable difference in the case. And thank goodness he is not charging me for the appeal process.
It might be wishful thinking, but it's some hope.