Reckless Driving - Fell Asleep Behind Wheel in Parking Lot

**Brandon23** · 02-12-2010, 04:17 PM

My question involves a reckless driving ticket from the State of: Virginia

Instead of driving, after having too much to drink, i decided to sleep it off in my truck in the parking lot. I literally moved my truck 10 feet to a spot not under a light. Instead of putting it in park, i left it in drive accidently and fell asleep. Consequently, i rolled forward into a building adjacent to the parking lot. Unable to get out, i stayed there for 6 hours when a passer-by woke me up and called the police. Field sobriety tests were taken in which i passed them all and was charged with reckless driving in a parking lot. What options do i have in getting this charge reduced? Although i am greatful its not a DUI, i am still wondering what options i have.

jk · 02-12-2010, 04:27 PM

reduced to what?

I am sure it was obvious you had been drinking and there are most likely a couple charges in between DUI and reckless driving they skipped over to get down to reckless.

what are you expecting? A freebie?

**Brandon23** · 02-12-2010, 04:42 PM

Well, that is why i am here. To see what options i have. I have a lawyer. I am simply here to gather as much information as possible. I am 30 years old and this is my first run-in with the law. I am in the military and i am aware that no "freebie" is going to come out of this. I made a decision to sleep it off rather than drive somewhere. It wasnt the smartest decision but it was the best option i had at the time which obviously backfired. Thank you for your response.

**colourfastt** · 02-13-2010, 10:43 AM

Quoting jk

reduced to what?

I am sure it was obvious you had been drinking and there are most likely a couple charges in between DUI and reckless driving they skipped over to get down to reckless.

what are you expecting? A freebie?

In VA DUI and reckless are both a Class 1 (criminal) misdemeanor.

**Brandon23** · 02-13-2010, 10:57 AM

I see. Thank you for the helpful information. I will simply have to accept whats coming to me for my bad decision making process. Again, thank-you for input on this matter.

**Mr. Knowitall** · 02-13-2010, 11:38 AM

I think the biggest hurdle in getting a break is whether the prosecutor believes you were sleeping off a bender after driving while drunk, or sleeping merely because you were tired. In the former case I expect it will be a lot harder (and may not be possible) to get a reduction of the charge.

Given the consequences of a reckless driving conviction - a criminal conviction, huge increase in your insurance rates - it's worth consulting a criminal defense lawyer. Some lawyers are surprisingly good at negotiating a reduction of this type of charge with a prosecutor.

**Brandon23** · 02-13-2010, 04:10 PM

I dont see any possible avenues of approach to getting it reduced. Should have had a better plan; cab, DD, ect.

My lawyer has a couple of ideas but no gaurantees. He told me that we could do everything right and still lose this one. So be it! Some lessons are hard learned. It could be worse. Someone could have been hurt or worse.