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  1. #1
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    Sep 2007
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    Default Acquitted Of A Traffic Violation, But Judge Convicted For A New Charge

    My wife went to traffic court last week after receiving a ticket for "following too closely" after a rear end collision. She was correctly found "not guilty", as the judge cited insufficient evidence because of the cop's incompetence, and due to the fact that the woman she hit left her turn signal on and cut her off.

    The judge, however, said he found her guilty of "improper driving". This was not a reduction or a deal. She was not guilty of the citation she was there for, but he just gave her another.

    Is this legal? I think that if a judge is going to issue an additional citation, you should have the right to come back to court for that citation, and have a whole new trial. She had her trial fo the original citation, but he found her guilty of a different charge without a trial.

    It seems to me like the judge decided to give her something else just to get her money. He knew she was not guilty, so it seems to me that he decided that he wanted to find her guilty of something, anything. It was not a plea agreement or a reduction. He found her not guilty of the original citation, gave her a different one and found her guilty of that all at once.

    If this is illegal, what actions should I take?

  2. #2
    Join Date
    Sep 2007
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    Seattle Wa
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    65

    Default Re: Is this a Forced Plea Bargain????

    Consult an attorney to see if it is worth fileing an appeal.
    JoeC

  3. #3
    Join Date
    Jul 2006
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    Ohio
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    Default Re: Is this a Forced Plea Bargain????

    Quote Quoting noble57
    View Post
    My wife went to traffic court last week after receiving a ticket for "following too closely" after a rear end collision. She was correctly found "not guilty", as the judge cited insufficient evidence because of the cop's incompetence, and due to the fact that the woman she hit left her turn signal on and cut her off.

    The judge, however, said he found her guilty of "improper driving". This was not a reduction or a deal. She was not guilty of the citation she was there for, but he just gave her another.

    Is this legal? I think that if a judge is going to issue an additional citation, you should have the right to come back to court for that citation, and have a whole new trial. She had her trial fo the original citation, but he found her guilty of a different charge without a trial.

    It seems to me like the judge decided to give her something else just to get her money. He knew she was not guilty, so it seems to me that he decided that he wanted to find her guilty of something, anything. It was not a plea agreement or a reduction. He found her not guilty of the original citation, gave her a different one and found her guilty of that all at once.

    If this is illegal, what actions should I take?
    In what state did this occur?
    Do you know the citation?

  4. #4
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    Sep 2007
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    4

    Default Re: Is this a Forced Plea Bargain????

    State of Virginia. The Original Citation was VA Code 46.2-816 "Following too Closely" She was found not guilty, but found guilty of 46.2-869 Improper driving There are two wierd things here, first is that she was found not guilty, but found guilty of an unlrelated chage, and second, the unrelated charge, improper driving, seems to only apply to VAs reckless driving law

  5. #5
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    Ohio
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    Default Re: Acquitted Of A Traffic Violation, But Judge Convicted For A New Charge

    VA Code § 46.2-868.1. Aggressive driving; penalties

    A. A person is guilty of aggressive driving in Virginia if (i) the person violates one or more of the following:§ 46.2-802 (Drive on right side of highways),§ 46.2-804 (Failure to observe lanes marked for traffic),§ 46.2-816 (Following too closely),§ 46.2-821 (Vehicles before entering certain highways shall stop or yield right--of--way),§ 46.2-833.1 (Evasion of traffic control devices),§ 46.2-838 (Passing when overtaking a vehicle),§ 46.2-841 (When overtaking vehicle may pass on right),§ 46.2-842 (Driver to give way to overtaking vehicle),§ 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway),§ 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or§ 46.2-888 (Stopping on highways); and (ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.

    B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.

    VA Code § 46.2-869. Improper driving; penalty
    ..the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving.


    It's not illegal. And it appears the judge reduced her charge.

  6. #6
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    Sep 2007
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    4

    Default Re: Acquitted Of A Traffic Violation, But Judge Convicted For A New Charge

    The judge didn't reduce her charge though. He found her not guilty, but charged her with something different. She didn't want her charge reduced, she wanted a not guilty. Aggressive driving is not reckless driving. The only way to get an improper driving charge is to have a reckless driving charge reduced.

  7. #7
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    Ohio
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    Default Re: Acquitted Of A Traffic Violation, But Judge Convicted For A New Charge

    Quote Quoting noble57
    View Post
    The judge didn't reduce her charge though. He found her not guilty, but charged her with something different. She didn't want her charge reduced, she wanted a not guilty. Aggressive driving is not reckless driving. The only way to get an improper driving charge is to have a reckless driving charge reduced.
    The first is a Class I Misdemeanor with a fine of up to $2500.

    The judge reduced it to a Traffic Infraction with a fine up to $500.

    You wife hit someone driving in front of her?
    And the officer did not have enough evidence to prove that she was driving recklessly? So, the violation was reduced.

    The court may reduce any reckless driving offense to improper driving if "the degree of culpability is slight."

    §46.2-869 Important. Under Virginia law, "improper driving" is not a defined crime. As such, law enforcement offices do not charge a person with this offense. Instead, a driver is normally charged with an offense which has been "labeled" as "reckless driving" and, if the circumstances warrant, the court reduces such charge to "improper driving" for sentencing purposes.

  8. #8
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    Sep 2007
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    4

    Default Re: Acquitted Of A Traffic Violation, But Judge Convicted For A New Charge

    You don't seem to be understanding. She was not charged with reckless driving. Reckless driving can include following too closely, but does not automatically include it. If you get a ticket for following too closely, it does not mean you are committing a misdemeanor. Following too closely is only an indication of reckless driving. She was not charged with reckless driving.

    Heading up an on ramp, getting on to a highway, a woman left her right hand turn signal on. The woman got to the end of the on ramp and started to pull over to the side of the highway. My wife attempted to merge into traffic as she normally would. With her right hand turn signal still on, the woman pulled in front of my wife and my wife struck the back left of her car.

    My wife was simply ticketed with following too closely. After going to court the judge said amost exactly:

    "I do not have enough evidence to convict you of following too closely, however you are guilty of improper driving"

    The thing that you don't seem to be getting is that she was never charged with agressive driving, she was acquitted of following to closely, and he found her guilty of improper driving. The improper driving charge was not a reduction. You have to agree to a reduction. She didn't ask for one.

    Here is an analogy:

    Let's say you are arrested and charged with a murder you did not commit. The evidence, or lack thereof, proves this, and you are acquitted. However, at the last minute the judge decides to charge you and convict you with disorderly conduct and orders you to pay a fine, which is intended to cover the court's costs

  9. #9
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    Dec 2004
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    Seattle
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    Default Re: Acquitted Of A Traffic Violation, But Judge Convicted For A New Charge

    Section §46.2-869 states that "upon the trial of any person charged with reckless driving...the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving". For my part, I don't believe it is within the court's discretion to impose "improper driving" in lieu of any other charge except "reckless". The way I see it, if the legislature had intended to give judges the power to substitute Improper Driving for other offenses, they would have been listed in the law -- the law could have been written something like "reckless driving, aggressive driving or other driving misdemeanor...." Personally, I'd look into an appeal.

  10. #10
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    Mar 2005
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    Michigan
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    Default Re: Acquitted Of A Traffic Violation, But Judge Convicted For A New Charge

    I agree with that interpretation of the plain statutory language, although sometimes courts are more flexible in their interpretation than I would be. I have tried to find some authority on the issue, to see if the courts have interpreted "aggressive driving" as a subcategory of "reckless driving" for purposes of applying the "improper driving" statute, but I haven't found any.

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