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Photo by Robert Linder on Unsplash I represented a driver charged with reckless driving after he passed out from syncope (fainting) and drove his car into a tree.  The medics arrived and noticed that he had low blood pressure and was dehydrated.  In cases where there is a sudden illness or sudden medical emergency, such as a heart attack, fainting, or blacking out, where the driver had no warning of what was about to happen, defense attorneys should argue for the case to be dismissed.  I was glad to get a dismissal for my client. The case law is different though where the driver fell asleep and should have known better than to over exert himself.  For example, a driver should know better than to drive if he hasn't slept in days.  Still, in cases where a driver...

Photo by Nadeena Granville on Unsplash Can I get my court date moved for my reckless driving charge in Virginia? Yes. In Virginia, either an attorney or a defendant may make a continuance request. "Motions to continue" are heard in person at the beginning of the court's docket.  When you show up to court on your scheduled court date, get in line to make your motion to the judge when the judge asks to hear any motions, instead of waiting until your name is called. Some courts allow defendants to make a continuance request before a defendant's scheduled court date. Each local courts has its own procedures for that. You should speak with your local court court to check their procedures for continuances. Continuances are granted for good cause. Good reasons include hiring a lawyer, military...

Photo by Pickawood on Unsplash In Virginia, you may not prepay a reckless driving ticket. Actually, calling that yellow carbon paper form you received a "driving ticket" understates the matter. The Virginia Uniform Summons form is what law enforcement agencies use to charge drivers with traffic ticket infractions and other more serious driving violation charges.  This includes criminal misdemeanor charges. When the officer has you sign a summons at the time of your traffic stop, you are actually promising that you will show up to court at the specified date and time for your trial. (I wrote about what happens if you don't show up to court here.) Signing a summons is basically a bail bond. If you refuse to sign the summons, law enforcement can take you to jail and make you...

Photo by Kelly Sikkema on Unsplash In Virginia, a reckless driving charge is considered a criminal misdemeanor charge. At the time of your stop, a law enforcement officer will make you sign a summons promising that you will appear in court. If you do not appear in court on the date of your trial, a judge may hold the trial in your absence or he may issue a capias. The judge may hold your trial in your absence and find you guilty without you being present. Your final disposition would be marked "Guilty In Absentia." Judges may be extremely harsh on a defendant who does not appear for a reckless driving charge since they view that as disrespect for the court. One lady that did not appear in Newport News for a reckless driving charge following an accident had her license suspended for six...

Photo by Brett Jordan on Unsplash Legal terminology needs to be precise. I prefer to get my client's charge dismissed, instead of getting the charge null prossed.  What is the difference? A dismissal is a formal ending of a case where the court finds that there is insufficient facts or evidence to support a conviction or finds another basis to end the case.  The charge can not be re-initiated.  A dismissal brings complete closure and it is assumed a dismissal is done with prejudice. (See Roe v. Commonwealth)Nolle prosequi ("null prosse") is similar to a dismissal, however it allows a charge to be brought back or reinitiated at a later date.  This latin term means "not prosecute."  Often times a prosecutor will request a "null prosse" in circumstances where...