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  1. #1
    Join Date
    Feb 2010
    Location
    Harrisburg, PA
    Posts
    1

    Default Convicted Reckless Driving in Virginia (Hanover County)

    I was convicted in absentia with Reckless driving (86/65 mph). I understand this is a serious offense that could become part of a permanent Criminal record. This happened because the Court was closed due to a snow storm (on the day prior to my trial) when I called to have the trial rescheduled (as allowed.) I could not leave a voice mail.
    I could not attend the trial where I wanted to defend myself due to my self-employment obligations of snow removal for my customers (I live out of state.)
    I want to:
    1) have the speeding ticket dismissed/found not guilty. I believe I could have done this at the General District Court and/or at least had the charges reduced. I intended to defend myself and avoid the lawyer fees.
    2) Have the Circuit Court of Appeals address the issue of being denied the opportunity to re-schedule the 1st Court hearing. I acted within the Court's guidelines for rescheduling but lost my 1st opportunity thru no fault of my own. I should have 2 chances to defend myself.
    3) Avoid additional court costs & potential attorney fees because I'm now headed to my last & only "day in court."

    I have no Criminal record & consider myself a model citizen. I also have a clean driving record; no points-nothing and am not willing to accept any of this without a fight w/ minimal costs. Taking the day to drive 8+ hrs back & forth is enough of a hassle/expense.

    What exactly happens in the Appeals court? Is the prosecutor willing to discuss my case before the trial? What techniques/procedures/strategy should I take?

    I am not a "negotiator" by nature but I still want my fair shot at this. If you believe that this has gone too far for a layperson to effectively deal with, let me know. I just can't believe I need a lawyer, though.

    Thank you all for your advice and help.

  2. #2
    Join Date
    Jan 2007
    Posts
    189

    Default Re: Convicted Reckless Driving - Virginia (Hanover County)

    Quote Quoting Jerry S.
    View Post
    I was convicted in absentia with Reckless driving (86/65 mph). I understand this is a serious offense that could become part of a permanent Criminal record. This happened because the Court was closed due to a snow storm (on the day prior to my trial) when I called to have the trial rescheduled (as allowed.) I could not leave a voice mail.
    I could not attend the trial where I wanted to defend myself due to my self-employment obligations of snow removal for my customers (I live out of state.)
    I want to:
    1) have the speeding ticket dismissed/found not guilty. I believe I could have done this at the General District Court and/or at least had the charges reduced. I intended to defend myself and avoid the lawyer fees.
    2) Have the Circuit Court of Appeals address the issue of being denied the opportunity to re-schedule the 1st Court hearing. I acted within the Court's guidelines for rescheduling but lost my 1st opportunity thru no fault of my own. I should have 2 chances to defend myself.
    3) Avoid additional court costs & potential attorney fees because I'm now headed to my last & only "day in court."

    I have no Criminal record & consider myself a model citizen. I also have a clean driving record; no points-nothing and am not willing to accept any of this without a fight w/ minimal costs. Taking the day to drive 8+ hrs back & forth is enough of a hassle/expense.

    What exactly happens in the Appeals court? Is the prosecutor willing to discuss my case before the trial? What techniques/procedures/strategy should I take?

    I am not a "negotiator" by nature but I still want my fair shot at this. If you believe that this has gone too far for a layperson to effectively deal with, let me know. I just can't believe I need a lawyer, though.

    Thank you all for your advice and help.
    You DO need a lawyer for this as you have been convicted of a Class 1 misdemeanor. From VA state site: Reckless driving is a Class 1 misdemeanor - in the same classification as a DUI | DWI charge. The penalty parameters for reckless driving is up to one year in jail, and/or up to $2,500 in fines. Reckless driving carries the possibility of a suspension of driving privileges for up to 6 months.
    You have no constitutional right not to be offended.

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