RECENT BLOG POSTS
May I Prepay my Reckless Driving Ticket Summons?
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...
What Happens if I Don’t Show up to Court for my Reckless Driving Charge?
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...
What is Improper Driving?
Photo by Bryan P.M on Unsplash If you were charged with reckless driving in Virginia, I may be able to get your charge reduced to improper driving. Improper driving is defined in the code under Virginia Code § 46.2-869. "Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court's decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than...
Nolle Prosequi (“Null Prosse”) vs. Dismissal
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...
The Simplicity of Uncontested Divorce Procedures in Norfolk
Photo by Kelly Sikkema on Unsplash Norfolk's Circuit Court has become known for its high volume of divorces. In recent years, there have been more divorces filed in Norfolk than the rest of the courts in South Hampton Roads combined. This is mainly because Norfolk has streamlined its uncontested divorce procedures and makes it easy for attorneys to keep things moving on their docket. Couples seeking to get divorced regularly choose Norfolk as their venue, even though they live in another city of Virginia. As Virginian-Pilot author Louis Hansen notes: "Family lawyers who practice in the area say Norfolk has more flexible schedules and an easier process to review and handle paperwork. Divorces can be scheduled any day of the week, and paperwork does not have to be filed far in advance, as...
Reckless Driving Ticket for an Accident and Powers v. Commonwealth
Photo by Michael Jin on Unsplash If you received a reckless driving ticket summons at the scene of an accident, you may be able to beat your reckless driving charge with the help of an attorney. Often times police will give a reckless driving summons to a driver at the scene of an accident. But just because an accident occurred does not mean that the driver caused the accident. It is unfortunate that drivers need to spend money on an attorney to make sure they don't get convicted of a criminal misdemeanor charge of reckless driving. In the case of Powers v. Commonwealth (117 S.E.2d 628, 211 Va. 386), the Supreme Court of Virginia reversed the lower courts for finding a driver guilty of reckless driving when he was involved in a singular vehicle accident. In that case, the...
Virginia Beach Man Attempts to Elude Police
Photo by Daniel J. Schwarz on Unsplash What may originally have resulted in a reckless driving ticket charge for a driver in Virginia Beach may result in additional charges against the driver. According to WTKR, a man was driving a Ford SUV at a high rate of speed when he drove past a trooper operating stationary radar at Battlefield Boulevard. The trooper attempted to pull the vehicle over, but the driver continued at a high rate of speed on I-64, and eventually struck two marked trooper vehicles. The driver then proceeded to run on foot before he was apprehended by troopers. My guess is that the man will be charged with reckless driving (by speed or for endangering life and limb) and for eluding police under Va. Code § 46.2-817. It is a Class 2 misdemeanor to elude police, although it...
Out of State Drivers and Reckless Driving in Virginia
Photo by Ludovic Charlet on Unsplash Now that it is getting warm again, there will be a lot of out of state drivers traveling through Virginia or headed to Virginia for vacation. Many drivers may be headed to Virginia Beach or travelling through Virginia to another sunny destination, perhaps in North Carolina or Florida. Out of state drivers need to be extremely careful to observe the posted speed limits while they are in Virginia. Many out of state drivers are unaware of Virginia's strict traffic laws. (Actually, even many Virginians are unaware!) Driving 20 mph or above over the speed limit in Virginia can land you a summons to court for reckless driving, which is a criminal misdemeanor charge! If you are looking at this page, maybe you've already been summoned to appear in court for a...
Undoing a Conviction of Reckless Driving: Appeal or Reopen a Case
Photo by Tingey Injury Law Firm on Unsplash If you are convicted of reckless driving in the General District Court, you have ten calendar days from your conviction date to note an appeal. It does not matter if you missed your hearing and were tried in your absence or if you appeared with or without counsel at the General District Court. You still have a right to appeal. If you appeal your conviction on time, your case will be reheard in the Circuit Court, where you will get a trial 'de novo.' This means you will get a brand new trial in front of a new judge, who will not care what happened in the lower court. A Circuit Court will not consider an appeal if it is filed after the 10 calendar day window. But if you file within the 10 day window, your appeal will be...
Reckless Driving and Pace Defense Issues
Many people charged with reckless driving in Virginia are surprised to find out that a law enforcement officer can base a driver's speed by following the target vehicle in their law enforcement vehicle. This is called a pace. Usually, a driver's reckless driving summons (that yellow sheet of paper) will state how the officer determined the driver's speed, whether it be through the use of radar or lidar, or by conducting a pace. Pacing is particularly prone to error since the officer conducting the test needs to follow proper procedure. A law enforcement officer is often multitasking when he is conducting a pace. He is watching moving traffic, driving his vehicle, glancing at his odometer, and eyeing his speedometer. Here are the issues I look for when defending a reckless driving by...