To make a long story short I slipped off the road when it was wet on a bridge in a sraightaway. I got wreckless driving. Well I have never had any tickets or any wrecks until this. What should I do? I need to at least get this reduced or something. I wasn't doing anything stupid or wrong, is was just a freak accident. The car just got loose somehow when I hit the bridge. I found a piee of tire tread where the tire blew out in the grass where I slid. Alright so my question is, what do I do? Get a lawyer, said maybe my tire blew out, plead not guilty, guilty? What do I do?

 

1) Get a lawyer. It doesn't matter what your record is. Reckless (no "w" driving is a Class I Misdemeanor, meaning it's a mandatory court appearance (that should tell you "oh $hit this is serious!), $2500 maximum fine, 6 months license suspension, and up to a year imprisonment.

If this was a sports car (the FD, etc), you can bet that the officer WILL slip in that you're driving a sports car, which will essentially ensure that you have no case, since the judge (esp if it's in Fairfax County) will think you're some stupid kid who was having fun and messed up.

Seeing that you're born in '86, that's another strike against you. You're a kid (not belittling you, but just saying how THEY think). They see you as a delinquent until proven otherwise, so that's gonna hurt you.

Reckless driving DOES include failure to control vehicle, which is essentially what happened to you. The question becomes, was this of your doing, or as a result of something that you had no control over? That becomes your lawyer's job: to prove that you losing control of the car was not of your fault; rather, it was an unfortunate accident in which you could not anticipate or forsee, and you did the best you could given the circumstances.

If the lawyer's good, he can easily get it pleaded down to improper driving, or even have the ticket dismissed altogether - all this is assuming the cop didn't observe you while this happened - because if he/she did, they're gonna testify that you were driving recklessly, which caused you to lose control, which means you're screwed.

As for lawyers, if this is local, call Jim Devita, and get an appointment with him (free). Tell him what happened, and he'll tell you what we can do for you (and what he says you can take to the bank). http://www.devitalaw.com/ for his info. Tell him Ramy (me) sent you. $500 flat fee. Oh and don't wait to contact him, because depending on what county this was in, there may be things you need to do BEFORE going to court to help reduce or win your case.

~Ramy

 

If you show up with a lawyer it will get reduced. Given the conditions and the fact that you weren't doing anything stupid (and if the lawyer can find some supporting evidence) you may get off completely. Judges are reasonable usually if you "support the profession". If you don't get lawyer it is crap shoot.

FWIW in many jurisdictions in VA these days you automatically get a reckless driving ticket in an accident (if you are at fault) and they leave it up to the judge to reduce it appropriately.

Bottom line, don't show up without a lawyer.

 

And in Fairfax County, it's not crap shoot. It's more like "inevitable." The funny part is, your lawyer doesn't need to prove ANYTHING. You just need someone who knows the Prosecutor, and can negotiate a good deal, based on your short but clean record. End of story. Evidence plays A very SMALL role in Fairfax County courts, believe it or not lol

~Ramy

 

I think generally that is true everywhere (even no in VA). A friend who was an attorney used to tell me that if you walked in with a lawyer and a speeding ticket, you automatically got it knocked down a notch just for "supporting the profession". Probably true in other than traffic court as well.

 

That's freakin sad.

 

Great advice.
Rotorsownyou7, do what he said.

 

Thanks guys. But I got reckless driving, and I don't see why. I wasn't doing anything reckless? I was just driving in a straight and ran off the road somehow, slick, tire blew, something. But it wasn't my fault. So why did I get a reckless ticket?

Thanks again guys, and I will get a lawyer.

 

Reckless driving is any of a host of actions that endangers either your life or the lives of others (vs. aggressive driving, which is any action that directly puts another life in danger (not necessarily yours)). And while aggressive driving tickets remain on your license for 5 years, reckless driving remains on your license for 11 years (as can be seen below). Reckless driving is NOT a Traffic offense; it's a CRIMINAL offense (hence the mandatory court appearance).

Keep in mind that "endangerment" in both reckless and aggressive driving are both very subjective, yet refer to the first point (of judges being parents & grandparents, and cops being trained on how to testify), and you really don't have a chance lol

Reckless Driving (Felony or Misdemeanor)

* Reckless driving - speeding in excess of 80 mph (11 years)
* Reckless driving - speeding 20 mph or more above the posted speed limit (11 years)
* Reckless driving - racing (11 years)
* Reckless driving - passing or overtaking an emergency vehicle (11 years)
* Reckless driving - passing a school bus (11 years)
* Reckless driving - passing on the crest of a hill (11 years)
* Reckless driving - passing at a railroad crossing (11 years)
* Reckless driving - passing two vehicles abreast (11 years)
* Reckless driving - driving two vehicles abreast (11 years)
* Reckless driving - driving too fast for conditions (11 years)
* Reckless driving - failing to give a proper signal (11 years)
* Reckless driving - faulty brakes/improper control (11 years)
* Reckless driving - on parking lots, etc. (11 years)
* Reckless driving - with an obstructed view (11 years)
* Reckless driving - generally (11 years)
* Speeding 20 mph or more above the posted speed limit (5 years)

My guess is you'e going to be charged with one of the two that are in bold: driving too fast for conditions (it was wet, you should have been going super slow to stay safe), and improper control (aka failure to maintain control of your vehicle).

Again, your best bet is to try and get the violation reduced to improper driving, which is a 3-point violation (vs. reckless, which is 6 points), and it only stays on your record for 3 years. If Mr. Devita is confident he can argue that you simply had a tire failure (or other failure of the sort) that was not due to negligence, and was beyond your control, and THAT led to losing control of the vehicle, he may be able to get you off the hook completely - but again, a lot of that depends on what the facts are, what county the violation is in, and what Judge you get.

~Ramy

 

Getting a lawyer ASAP. Thanks guys.

 

Yup ive definately learned that... Basically nobody cares what you have to say, if you talk too much they wont reduce things as much as if you didnt do anything. If you have a lawyer they can help you by talking to the prosecutor, thats about how the court works. Guilty until proven innocent beyond a resonable doubt...

 

btw- where was this in VA?

 

Botetourt County
I heard the judge is a dousche.