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  1. #1

    Question How to Appeal a Reckless Driving Conviction

    I was found guilty, (because the cop lied, and the judge literally didn't even glance at the evidence I provided, and Im actually convinced due to the preferential treatment given to all of the other cases heard that day, because I was representing myself, but never the less...) of reckless driving in Fairfax County, VA. While I have many questions to those who are trained and experienced in appeals (I'm a recent college grad, struggling to keep food on the table, and too proud to become yet another burden on our welfare system, on the same token Im too proud to be denied justice simply because of my financial situation.

    Plain and simple: What do I have to do to get an appeal in Circuit Court in VA/ is this something I can do remotely? I am out of state (though my family is there if I can have them do something via power of attorney{presumably no different than what you would give to have a bonnified lawyer go in and do whatever necessary paperwork)) only have 30 days to appeal, and that 30 days is up on Sunday. (It was just recently suggested to me how I may be able to use dash cam footage through FOIA to prove my innocence)

    ANY ADVICE given would be much appreciated. The charge is apparently going to result in 6 pts for 11 years (given my clean driving history Im not excited or financially able to sustain if I get hit with this, so I really do have to appeal.) I need to leave tonight in order to get back to VA in time to file this appeal if it needs to be done in person, but I can not find the required protocol anywhere on the Fairfax County Website, and all the links they provide are dead. (If you google "Va CCR B-115" this is the closest thing to the required form I have been able to find)

  2. #2
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    Default Re: How to Appeal a Reckless Driving Conviction

    I suggest retaining a lawyer in Virginia to see what can be done. Whatever the dashboard camera footage (if available) might have done to you before your conviction, an appeal isn't a do-over. You shouldn't expect that an appellate court is going to be interested in any new evidence that you could have obtained and presented during the lower court proceeding.

    It's tricky, to put it mildly, to file your first appeal. You can start by reading the court rules here, to figure out the filing deadlines and requirements.

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