VA Reckless Driving, need traffic lawyer referrall
Jul 5, 2010 at 11:01 PM Thread Starter Post #1 of 44

RYCeT

Headphoneus Supremus
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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?
 
Jul 6, 2010 at 8:17 PM Post #3 of 44
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.
 
Jul 6, 2010 at 10:41 PM 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.
 
Jul 7, 2010 at 12:36 AM Post #6 of 44


Quote:
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.
 
Jul 7, 2010 at 2:20 AM 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.
 
Jul 7, 2010 at 2:37 AM 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.
 
Jul 7, 2010 at 11:20 AM Post #10 of 44


Quote:
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
 
 
[size=small][size=small]People who drive too fast cause, or contribute to, over [/size][/size][size=small][size=small]70,000 [/size][/size][size=small][size=small]speed-related road crashes each year on [/size][/size][size=small][size=small]Britain’s roads.This kills around [/size][/size][size=small][size=small]1,100 [/size][/size][size=small][size=small]people and seriously injures over [/size][/size][size=small][size=small]12,000[/size][/size][size=small][size=small]. [/size][/size][size=small][size=small]At higher speeds, there is less time to identify and react to what is happening, it takes longer to stop and [/size][/size][size=small][size=small]impacts are more severe, causing more serious injuries to vehicle occupants and others. Higher speeds [/size][/size][size=small][size=small]also magnify other driver errors, such as close-following or driving when tired or distracted, thus [/size][/size][size=small][size=small]multiplying the chances of causing a crash.[/size][/size]
 
 
[size=small][size=small]Western Europe [/size][/size]
[size=small][size=small]Number of Fatalities [/size][/size]
[size=small][size=small]2007/2006% [/size][/size]
[size=small][size=small]Austria[/size][/size] [size=small][size=small]691[/size][/size] [size=small][size=small]-5.3[/size][/size]
[size=small][size=small]Belgium[/size][/size] [size=small][size=small]1,067[/size][/size] [size=small][size=small]-0.2[/size][/size]
[size=small][size=small]Denmark[/size][/size] [size=small][size=small]406[/size][/size] [size=small][size=small]32.7[/size][/size]
[size=small][size=small]Finland[/size][/size] [size=small][size=small]380[/size][/size] [size=small][size=small]13.1[/size][/size]
[size=small][size=small]France[/size][/size] [size=small][size=small]4,620[/size][/size] [size=small][size=small]-1.9[/size][/size]
[size=small][size=small]Germany[/size][/size] [size=small][size=small]4,949[/size][/size] [size=small][size=small]-2.8[/size][/size]
[size=small][size=small]Greece[/size][/size] [size=small][size=small]1,578[/size][/size] [size=small][size=small]-4.8[/size][/size]
[size=small][size=small]Iceland[/size][/size] [size=small][size=small]15[/size][/size] [size=small][size=small]-51.6[/size][/size]
[size=small][size=small]Luxembourg[/size][/size] [size=small][size=small]43[/size][/size] [size=small][size=small]19.4[/size][/size]
[size=small][size=small]Malta[/size][/size] [size=small][size=small]12[/size][/size] [size=small][size=small]9.1[/size][/size]
[size=small][size=small]Netherlands[/size][/size] [size=small][size=small]791[/size][/size] [size=small][size=small]-2.5[/size][/size]
[size=small][size=small]Norway[/size][/size] [size=small][size=small]233[/size][/size] [size=small][size=small]-3.7[/size][/size]
[size=small][size=small]Portugal[/size][/size] [size=small][size=small]854[/size][/size] [size=small][size=small]0.5[/size][/size]
[size=small][size=small]Spain[/size][/size] [size=small][size=small]3,823[/size][/size] [size=small][size=small]-6.8[/size][/size]
[size=small][size=small]Sweden[/size][/size] [size=small][size=small]471[/size][/size] [size=small][size=small]5.8[/size][/size]
[size=small][size=small]Switzerland[/size][/size] [size=small][size=small]384[/size][/size] [size=small][size=small]3.8[/size][/size]
[size=small][size=small]Turkey[/size][/size] [size=small][size=small]5,004[/size][/size] [size=small][size=small]8.0[/size][/size]
[size=small][size=small]United Kingdom[/size][/size] [size=small][size=small]3,059[/size][/size] [size=small][size=small]-7.2[/size][/size]
[size=small][size=small]Total [/size][/size] [size=small][size=small]28,380 [/size][/size] [size=small][size=small]-1.2 [/size][/size]
[size=small][size=small] [/size][/size] [size=small][size=small] [/size][/size] [size=small][size=small] [/size][/size]
[size=small][size=small]Central and Eastern Europe [/size][/size] [size=small][size=small]Number of Fatalities [/size][/size] [size=small][size=small]2007/2006% [/size][/size]
[size=small][size=small]Albania[/size][/size] [size=small][size=small]384[/size][/size] [size=small][size=small]38.6[/size][/size]
[size=small][size=small]Bulgaria[/size][/size] [size=small][size=small]1,006[/size][/size] [size=small][size=small]-3.5[/size][/size]
[size=small][size=small]Croatia[/size][/size] [size=small][size=small]619[/size][/size] [size=small][size=small]0.8[/size][/size]
[size=small][size=small]Czech Republic[/size][/size] [size=small][size=small]1,222[/size][/size] [size=small][size=small]15.0[/size][/size]
[size=small][size=small]Estonia[/size][/size] [size=small][size=small]196[/size][/size] [size=small][size=small]-3.9[/size][/size]
[size=small][size=small]FYROM[/size][/size] [size=small][size=small]173[/size][/size] [size=small][size=small]23.6[/size][/size]
[size=small][size=small]Hungary[/size][/size] [size=small][size=small]1,232[/size][/size] [size=small][size=small]-5.4[/size][/size]
[size=small][size=small]Latvia[/size][/size] [size=small][size=small]419[/size][/size] [size=small][size=small]2.9[/size][/size]
[size=small][size=small]Lithuania[/size][/size] [size=small][size=small]740[/size][/size] [size=small][size=small]-2.6[/size][/size]
[size=small][size=small]Poland[/size][/size] [size=small][size=small]5,583[/size][/size] [size=small][size=small]6.5[/size][/size]
[size=small][size=small]Romania[/size][/size] [size=small][size=small]2,794[/size][/size] [size=small][size=small]12.8[/size][/size]
[size=small][size=small]Serbia[/size][/size] [size=small][size=small]962[/size][/size] [size=small][size=small]6.9[/size][/size]
[size=small][size=small]Slovakia[/size][/size] [size=small][size=small]661[/size][/size] [size=small][size=small]8.7[/size][/size]
[size=small][size=small]Slovenia[/size][/size] [size=small][size=small]293[/size][/size] [size=small][size=small]11.8[/size][/size]
[size=small][size=small]Total [/size][/size] [size=small][size=small]16,284 [/size][/size] [size=small][size=small]6.4 [/size][/size]
[size=small][size=small] [/size][/size] [size=small][size=small] [/size][/size] [size=small][size=small] [/size][/size]
[size=small][size=small]CIS Countries [/size][/size] [size=small][size=small]Number of Fatalities [/size][/size] [size=small][size=small]2007/2006% [/size][/size]
[size=small][size=small]Azerbaijan[/size][/size] [size=small][size=small]1,107[/size][/size] [size=small][size=small]7.8[/size][/size]
[size=small][size=small]Georgia[/size][/size] [size=small][size=small]737[/size][/size] [size=small][size=small]9.2[/size][/size]
[size=small][size=small]Moldova[/size][/size] [size=small][size=small]464[/size][/size] [size=small][size=small]21.5[/size][/size]
[size=small][size=small]Russia[/size][/size] [size=small][size=small]33,308[/size][/size] [size=small][size=small]1.8[/size][/size]
[size=small][size=small]Ukraine[/size][/size] [size=small][size=small]9,481[/size][/size] [size=small][size=small]38.1[/size][/size]
[size=small][size=small]Total [/size][/size] [size=small][size=small]45,097 [/size][/size] [size=small][size=small]8.2 [/size][/size]

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

[size=small][size=small]Aggregates [/size][/size] [size=small][size=small]Number of fatalities [/size][/size] [size=small][size=small]2007/2006 % [/size][/size]
[size=small][size=small]OECD1 [/size][/size] [size=small][size=small]106,234[/size][/size] [size=small][size=small]-1.8[/size][/size]
[size=small][size=small]EU2 [/size][/size] [size=small][size=small]42,924[/size][/size] [size=small][size=small]0.2[/size][/size]
[size=small][size=small]ITF1,3 [/size][/size] [size=small][size=small]158,929[/size][/size] [size=small][size=small]1.3[/size][/size]
 
 
Road Deaths per 1M population
 
Japan 45
UK 50
Germany 60
Spain 80
New Zealand 100
USA 140
Georgia 170
Ukraine 210
Russia 240
 
Jul 7, 2010 at 11:39 AM 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?
 
Jul 7, 2010 at 2:22 PM Post #12 of 44


Quote:
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.
 
Jul 7, 2010 at 2:33 PM Post #13 of 44


Quote:
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.
 
Jul 7, 2010 at 3:27 PM Post #14 of 44


 
Quote:
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 !
 
Jul 7, 2010 at 3:42 PM 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.
 
 

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