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VA Reckless Driving, need traffic lawyer referrall

post #1 of 44
Thread Starter 

Hi guys, my sister in law got reckless driving citation in VA, no fines mentioned on the ticket but she has to attend trial. I've googled reckless driving in VA, it seems quite horrible. So, any suggestion or traffic lawyers referral?

post #2 of 44

I have also googled "reckless driving in VA" and I can confirm it is, indeed, quite horrible.

 

 

EK

post #3 of 44
Thread Starter 

Btw, it's going to be in Fairfax, cited for 82 in 55 zone. Apparently over 80 is automatic 'reckless driving' citation. She is a PA licensed, clean records.

post #4 of 44
Ouch, that's ugly. A class 1 misdemeanor can mean jail time in Virginia. That's a lot tougher than in many states, where it can be a serious infraction or a lesser misdemeanor.

She needs to talk to a lawyer, ASAP. I don't know anyone in Virginia, but I notice that the Virginia State Bar (www.vsb.org) has a lawyer referral program. I strongly recommend taking a look there.

This might take a little research, but poke around the county where this happened. If Virginia is like a lot of states, they have a public defender as well as private firms/attorneys who have a public defense contract as well as a private practice. This is necessary because cases with multiple defendants generate conflicts of interest that one firm cannot handle, so they bring in outside lawyers on contract to handle the conflicts.

One of these lawyers is who she wants. I know public defenders get a bad rap, but that's totally undeserved. The problem with public defense is that 99% of the people who come through are idiots who make a full, uncoerced confession when the police pick them up. That leaves defense counsel with very few options other than a plea bargain, and then the clients go and whine about being "sold out," etc. But the truth is that they screwed themselves and left their attorney with nothing to work with.

Anyhow, you want someone who is in the courtroom with the DAs constantly. You want someone who goes out to lunch or has a beer with the DAs. This is where the deals are cut and favors are called in. Have her retain someone who knows all the DAs and judges in the county. That attorney will be able to wheel and deal because he or she will know everyone. I don't care how big the ads and websites are for some firms, *nothing* is more important than having a lawyer who knows the ins and outs of that county and is friends with everyone. It's exactly like having a friend at a restaurant who can get you special deals, free appetizers, comp a drink, that sort of thing. You want defense counsel who knows everyone on the other side.

I did this for a few years and helped a lot of people out because I knew and hung out with the DAs, social workers, people in the juvenile department, police, and knew one of the judges. Sure, the outside lawyers were alright and all were competent and cared about their clients, but they did not have the same connections to make a deal.
post #5 of 44

 

 

 

 

Do the crime,do the time.

post #6 of 44
Quote:
Originally Posted by ford2 View Post

Do the crime,do the time.


Orrrr... Just take Eric's advice and get yourself out of the mess? The price of an attorney is probably enough to make her think twice about speeding again as it still won't be an ideal situation even if money is not an issue.

 

But seriously, RYCeT, you sister is a menace and you should steal her car or perhaps light it on fire.

post #7 of 44
Er, no. 20MPH over the limit is not that big of a deal. When I had the RX-7, I used to run it up I-10 now and then with the cruise on 110 or so. I've done a few inappropriate things on a motorcycle, as well. Speeding safely is not an issue; witness the autobahn. Or when Montana dropped the speed limit altogether. You have to look at the context. If you're in a school zone or residential area, don't be an idiot. A deserted desert highway with great weather, visibility, no traffic, and a capable vehicle is something else. But in this case, I recommend lawyering up and trying to plead it down to a traffic infraction. Not to mention taking it easy in Virginia from now on.
post #8 of 44

It would be so nice if you can count all those unsolicited help posts toward your probono hours :D

 

You are really PRACTICING law!! unlike most paper pushers.

post #9 of 44
Quote:
Originally Posted by RYCeT View Post

cited for 82 in 55 zone.



So 27mph over the limit, no sympathy here !

 


Edited by nick_charles - 7/7/10 at 8:10am
post #10 of 44
Quote:
Originally Posted by Uncle Erik View Post

Er, no. 20MPH over the limit is not that big of a deal. When I had the RX-7, I used to run it up I-10 now and then with the cruise on 110 or so. I've done a few inappropriate things on a motorcycle, as well. Speeding safely is not an issue; witness the autobahn. Or when Montana dropped the speed limit altogether. You have to look at the context. If you're in a school zone or residential area, don't be an idiot. A deserted desert highway with great weather, visibility, no traffic, and a capable vehicle is something else. But in this case, I recommend lawyering up and trying to plead it down to a traffic infraction. Not to mention taking it easy in Virginia from now on.



Sorry Erik but I have to strongly disagree with you here. Read a few ROSPA reports, speeding is a major cause of traffic accidents and should be discouraged, so many people think they are great drivers , most are actually average drivers oddly enough and the laws of physics and stopping distances and the inability to have to time to react to someone doing something really stupid all mean that routinely driving fast is really not a good thing, nor should we encourage this cavalier attitude

 

 

People who drive too fast cause, or contribute to, over 70,000 speed-related road crashes each year on Britain’s roads.This kills around 1,100 people and seriously injures over 12,000. At higher speeds, there is less time to identify and react to what is happening, it takes longer to stop and impacts are more severe, causing more serious injuries to vehicle occupants and others. Higher speeds also magnify other driver errors, such as close-following or driving when tired or distracted, thus multiplying the chances of causing a crash.

 

 

Western Europe

Number of Fatalities

2007/2006%
Austria 691 -5.3
Belgium 1,067 -0.2
Denmark 406 32.7
Finland 380 13.1
France 4,620 -1.9
Germany 4,949 -2.8
Greece 1,578 -4.8
Iceland 15 -51.6
Luxembourg 43 19.4
Malta 12 9.1
Netherlands 791 -2.5
Norway 233 -3.7
Portugal 854 0.5
Spain 3,823 -6.8
Sweden 471 5.8
Switzerland 384 3.8
Turkey 5,004 8.0
United Kingdom 3,059 -7.2
Total 28,380 -1.2
     
Central and Eastern Europe Number of Fatalities 2007/2006%
Albania 384 38.6
Bulgaria 1,006 -3.5
Croatia 619 0.8
Czech Republic 1,222 15.0
Estonia 196 -3.9
FYROM 173 23.6
Hungary 1,232 -5.4
Latvia 419 2.9
Lithuania 740 -2.6
Poland 5,583 6.5
Romania 2,794 12.8
Serbia 962 6.9
Slovakia 661 8.7
Slovenia 293 11.8
Total 16,284 6.4
     
CIS Countries Number of Fatalities 2007/2006%
Azerbaijan 1,107 7.8
Georgia 737 9.2
Moldova 464 21.5
Russia 33,308 1.8
Ukraine 9,481 38.1
Total 45,097 8.2

Other ITF Number of fatalities 2007/2006 %
Australia 1,616 1.1
Canada 2,729 -5.6
Japan 5,744 -9.6
Korea 6,166 -2.5
Mexico 5,398 10.0
New Zealand 422 7.9
United States 41,059 -3.9
Total 63,134 -3.1

Aggregates Number of fatalities 2007/2006 %
OECD1 106,234 -1.8
EU2 42,924 0.2
ITF1,3 158,929 1.3

 

 

Road Deaths per 1M population

 

Japan 45

UK 50

Germany 60

Spain 80

New Zealand 100

USA 140

Georgia 170

Ukraine 210

Russia 240


Edited by nick_charles - 7/7/10 at 8:46am
post #11 of 44

Driver inattention, mis-judgements (often caused by old age, inexperience, panic) and carelessness are the major causes of road accidents. As the Rospa quote correctly states, higher speed magnifies the consequences.

 

Get a local lawyer, plead guilty so as not to waste court time (which gets lower penalties in the UK) and go for clemency with the clean record and any other extenuating circumstances there might be, such as was it a quiet road no where near houses?

post #12 of 44
Quote:
Originally Posted by Prog Rock Man View Post

Driver inattention, mis-judgements (often caused by old age, inexperience, panic) and carelessness are the major causes of road accidents. As the Rospa quote correctly states, higher speed magnifies the consequences.

 

Get a local lawyer, plead guilty so as not to waste court time (which gets lower penalties in the UK) and go for clemency with the clean record and any other extenuating circumstances there might be, such as was it a quiet road no where near houses?


please do not try to commit unauthorized practice of law across the pound.

 

And @ Charles, how is going 27mph over the speed limit per se reckless?  I drive around Chi-town quite a bit and I see 55 posted allover the highway and people (I do mean almost everyone) are driving > 75, with the passing lane at 80 or above. I don't see how that is automatically reckless. 

 

47mph in a 20mph condo complex where you know it's summer and there are likely kids playing out on the street is reckless, however no matter where you are in the States.


Edited by chesebert - 7/7/10 at 11:23am
post #13 of 44
Quote:
Originally Posted by chesebert View Post




please do not try to commit unauthorized practice of law across the pound.

 

And @ Charles, how is going 27mph over the speed limit per se reckless?  I drive around Chi-town quite a bit and I see 55 posted allover the highway and people (I do mean almost everyone) are driving > 75, with the passing lane at 80 or above. I don't see how that is automatically reckless. 

 

47mph in a 20mph condo complex where you know it's summer and there are likely kids playing out on the street is reckless, however no matter where you are in the States.


I do not think that there is any danger of that. If you post a legal question on an internationally subscribed hifi forum, it is reasonable to get various answers, none of which should be taken too seriously, apart from the generally agreed, get a lawyer!

 

Driving at high speed is per se reckless due to the increased chance of death and serious injury. The higher the speed the more chance of death and serious injury. Surely you have read of single road accident fatalities where the driver has lost control for whatever reason and ended up seriously  injured or worse? The 'cost' of such accidents is still huge to family, the emergency services, work collegues and friends.

post #14 of 44



 

Quote:
Originally Posted by chesebert View Post


And @ Charles, how is going 27mph over the speed limit per se reckless?  I drive around Chi-town quite a bit and I see 55 posted allover the highway and people (I do mean almost everyone) are driving > 75, with the passing lane at 80 or above. I don't see how that is automatically reckless. 

 

.



A lot of people driving stupidly does not make it any less stupid, see stopping distance, did you note the number of USA road fatalities I cited? Are you not apalled by these numbers ? , the more you speed the more the probability that you will be involved in an accident, it is just a numbers thing , yes you might be lucky but the morgues are full of not so lucky corpses ~ 43000 last year in the USA alone !

post #15 of 44

fast != stupid.

 

negligent or reckless == stupid

 

fast != reckless

 

Are those accidents caused by people driving fast or people driving negligently (e.g. texting; playing with GPS) or recklessly (drunk driving)?

 

Just remember this - If there is any time where you thought to yourself:  "phew..that was close." You have been acting negligently, as in you have been putting yourself and others in unreasonable harm.

 


Edited by chesebert - 7/7/10 at 12:46pm
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