Reckless Driving in Fredericksburg, Virginia

[nocanpay]

I was charged with RD this week in Virginia, 46.2-852-general.

Synopsis: I was following my friend to his apartment. We were at a stop light. I dropped my bottle cap to soda and reached down to get it. My foot went off the clutch and my car lightly jolted and hit the rear of his truck. I immediately came back up and hit the clutch and our cars lightly touched again. No damage. Nothing.

Officers on foot patrol saw this. I never saw them. My friend and I continued to drive to his house. We pulled in his driveway, got out and within 5 second police cars pulled in. We never saw them until that point.

They handcuffed me within a few seconds and said I was under arrest.

At the end of the night, they charged me with reckless driving for the two light bumps. They tried to get my friend to press charges, but he refused and said it was no big deal.

I don't think this accidential, two minor bumps into his rear spare tire holder, constitutes reckless driving. I do not have enough money to hire an attorney.

But I have done some legal research and believe Powers v Commonwealth and Kennedy v Commonwealth have sections I can argue to prove what I did does not rise to the level of reckless. It's not a charge. Not every accident is a traffic crime.

Any advice? Anyone know how I can find more dismissed RD cases in VA that are similar to this?

SECONDly, my ticket has a court date of Nov. 2. But, when I checked the only computer system, it says my court date is Oct. 5 for adjudication. What's that all about? I might have an exit here if I show up Oct 5 and the arresting officer thinks it's Nov. 2.

Help would be appreciated.

[colourfastt]

I was charged with RD this week in Virginia, 46.2-852-general.

Synopsis: I was following my friend to his apartment. We were at a stop light. I dropped my bottle cap to soda and reached down to get it. My foot went off the clutch and my car lightly jolted and hit the rear of his truck. I immediately came back up and hit the clutch and our cars lightly touched again. No damage. Nothing.

Officers on foot patrol saw this. I never saw them. My friend and I continued to drive to his house. We pulled in his driveway, got out and within 5 second police cars pulled in. We never saw them until that point.

They handcuffed me within a few seconds and said I was under arrest.

At the end of the night, they charged me with reckless driving for the two light bumps. They tried to get my friend to press charges, but he refused and said it was no big deal.

I don't think this accidential, two minor bumps into his rear spare tire holder, constitutes reckless driving. I do not have enough money to hire an attorney.

But I have done some legal research and believe Powers v Commonwealth and Kennedy v Commonwealth have sections I can argue to prove what I did does not rise to the level of reckless. It's not a charge. Not every accident is a traffic crime.

Any advice? Anyone know how I can find more dismissed RD cases in VA that are similar to this?

SECONDly, my ticket has a court date of Nov. 2. But, when I checked the only computer system, it says my court date is Oct. 5 for adjudication. What's that all about? I might have an exit here if I show up Oct 5 and the arresting officer thinks it's Nov. 2.

Help would be appreciated.

As I remember from the one accident I had when I lived in VA (I rear-ended a vehicle with an ambulance), an accident is an automatic reckless charge; however, when you go to court (and appearance is mandatory) the judge will very likely reduce the charge to improper driving. I don't know what the fine is for improper now, but when I paid it, it was $25 plus $20 in court costs.

[nocanpay]

Well, I am not accepting that, either. It wasn't even an official accident. No traffic was impeded and no one called the police to report an accident. They just happened, while patrolling on foot, to see my car touch his car and they went into "The driver is drunk mode."

They then were determined to charge me with something once they saw I wasn't drunk--not that they ever asked me to take a sobriety test.

In Va, an improper driving charge is the same as a reckless driving charge. And both are the same as a DUI. All are class 1 misdemeanors.

WHat happened in this case was not reckless driving.

The word "recklessly" as used in the statute imparts a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property . . . .The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.

That's Powers v Commonwealth.

To prove what you said is wrong, check Kennedy v Commonwealth, where it says: "[t]he mere happening of an accident does not give rise to
an inference of reckless driving." Powers, 211 Va. at 388, 177
S.E.2d at 630. To convict, the Commonwealth must "prove every
essential element of the offense beyond a reasonable doubt," with
evidence which excludes "every reasonable hypothesis of innocence
and . . . consistent only with . . . guilt . . . ." Id. at 388,
177 S.E.2d at 629.

There was no damage. The person I lightly hit didn't care. He pressed no charges.

How can a judge convict me of anything? This was so minor, it's crazy.

As I remember from the one accident I had when I lived in VA (I rear-ended a vehicle with an ambulance), an accident is an automatic reckless charge; however, when you go to court (and appearance is mandatory) the judge will very likely reduce the charge to improper driving. I don't know what the fine is for improper now, but when I paid it, it was $25 plus $20 in court costs.