In Virginia, reckless driving is Class I misdemeanor. This means that offenders are subject to a variety Virginia reckless driving penalties, even potentially jail time. Learn more about the process and charges in frequently asked questions.

1. Why can’t I just pay before court?
2. What will happen in court?
3. What is a plea bargain?
4. Do I really need a lawyer?
5. What should I do before court?
6. Are there any defenses to speed?
7. What if the cop doesn’t show up?
8. I live out of state; will I have to come to court?
9. Potential punishments for other traffic offenses?
10. Do I need a lawyer for my ticket if it’s not Reckless Driving?

1. Why can’t I just pay before court?
Due to the Class 1 Misdemeanor status, you will need to appear in court before a judge. There are a variety of penalties, jail is only used as a punishment in a small percentage of cases — those involving very high speeds, extraordinarily dangerous driving behavior and/or very bad driving records. While jail is rare, it is a possibility and the judge has the authority to make that decision on your court date.

2. What will happen in court?
Every case is unique. Virginia reckless driving traffic offenses can have drastically different outcomes depending on several factors. The equipment the police used, the driver’s previous record, the jurisdiction, the prosecutor, and the judge will all have a significant impact on the outcome of your case. An experienced Virginia reckless driving attorney is invaluable to clients in this regard, because an in-depth understanding of the impact of these factors is necessary to come up with the optimal strategy for each case.

In most jurisdictions, the Prosecutor won’t look into or investigate traffic cases before court. The downside…I don’t know what the Prosecutor wants to do prior to your court date. The upside…in almost every case, I will be more prepared than the Prosecutor.

3. What is a plea bargain?
In most reckless driving cases, the prosecutor will make a plea offer the day of court. A plea offer is an agreement to reduce the charge if the client agrees to plead guilty. Prior to trial, we will negotiate the best possible plea agreement. If the plea agreement is reasonable and acceptable, we will accept it and the case will be resolved. If the plea offer is unacceptable, we will reject the offer and have a trial, most likely that day. At the Rosenthall Law Offices, we always come to court fully prepared to go to trial.

4. Do I really need a lawyer?
Whether you need a lawyer or not is a personal decision that will depend on what’s most important to you. On very simple traffic cases, the benefit of having a lawyer will be minimal and often times won’t justify paying the lawyer’s fee. In other cases, we may be able to save your license or reduce the number of points you receive on your license. Essentially, it’s a cost/benefit analysis between the costs of having a lawyer versus the perceived benefit. With all cases, the Rosenthall Law Office offers free consultations. During that conversation (either in person or on the phone) we will provide an honest evaluation of your case. We will also give you a ballpark idea of what sorts of resolutions you can reasonably expect. Additionally, we will provide you with an upfront, flat fee. This fee structure and resolution estimate makes your decision of whether you should hire a lawyer as easy and straightforward as possible.

5. What should I do before court?
If you are even considering hiring a lawyer, speak to one soon after you get your ticket. The earlier we get started, the more prepared we will be on your court date. Additionally, you should get a copy of your driving record from the DMV. This is particularly important if you are an out of state driver with a good record. (You want the court to know of your good history, and it’s likely the cop won’t bring it to court for you.) Additionally, taking a driver improvement class or having your vehicle’s speedometer calibrated can be beneficial under certain circumstances. Doing community service before court can also potentially be helpful. Every case is different and pre-court strategy can vary greatly (in fact what helps one person may actually hurt another). At the Rosenthall Law Office, we always offer thorough advice on how you can best help your case prior to trial.

6. Are there any defenses to speed?
Many clients’ initial call starts with a conversation that goes, “well, the cop says I was going ‘X’, but I was actually only going ‘X’. The reality is that most judges will believe the cops version of how fast he/she figured your speed. The judge will also often discount a Defendant’s opinion about how fast he was going. However, all is not lost. Remember, in Virginia, many courts treat traffic offenses the same they deal with criminal offenses. That is to say, they will often require the government to prove the allegations beyond a reasonable doubt. In preparation of a good defense, the Rosenthall Law Firm will review your case to determine:

• 1. How the officer calculated your speed – He needs to do so using one of the legally allowable techniques and in conformance with acceptable standards.
• 2. That the roadway was properly marked – The officer and Prosecutor must have knowledge of the roadway and the speed signs that are posted. They must be able to demonstrate that those signs conform to law.
• 3. That the Officer’s equipment is valid – Officers are required to have their equipment regularly tested. They must have this testing documented. There are a serious of rules and regulations that must be followed. If they haven’t dotted all their “i’s” and crossed all their “t’s” they may not be able to prove your speed.

7. What if the cop doesn’t show up?
The majority of the time if the cop doesn’t show up, doesn’t have a good reason, and doesn’t notify the court in advance, the case will get dismissed. However, this is extremely rare. Many officers have a specific court date, usually about once a month. The officer will schedule all their tickets for that one specific court date. So on your court date your officer will usually have to be in court for several cases that day in addition to yours. If a number of his cases get dismissed because of him not showing up it could create problems for the officer. Therefore, most of the time the police officer will come to court or will have a valid reason and will notify the court.

8. I live out of state; will I have to come to court?
Reckless Driving and other more serious tickets will require you to come to court. However, courts are not entirely unrealistic and often appreciate the difficulties out of state drivers will have in coming back to Virginia to face a ticket. The Rosenthall Law Office frequently files motions to allow drivers to not return to court. In that circumstance, we discuss every possible resolution with you in advance, review strategic tactics, and work with you to develop a comprehensive strategy. We then go to court and advocate on your behalf, following the guidelines you approved. For best results, you should contact us at least 2 weeks before your court date, if you want to have your appearance waived.

9. Potential punishments for other traffic offenses?
Possible punishments for other tickets:

• - DOS (driving on suspended license)– DWI related – may include jail time and a fine. Additionally a conviction will result in the DMV suspended your license for an additional year and taking away your restricted license.
• - DOS (driving on suspended license) – may include jail time for repeat offenders and potentially a fine. By law a DOS conviction should result in a new suspension of your license.
• - Speeding – only punishable by a fine, but the DMV will access points depending on the speed
• - Minor infraction – Most are only punishable by a fine, but points may apply.

10. Do I need a lawyer for my ticket if it’s not Reckless Driving?
As with all tickets, it may or may not make sense to hire an attorney. Please call us for a free evaluation of your case.