Traffic Offenses Versus Criminal Law

Many people mistakenly think that Reckless Driving is a traffic offense because is “just speeding.”  It is not.  In Virginia, it is a criminal offense -- a Class 1 misdemeanor, the same as drunk driving, shoplifting, and simple assault.  “Traffic Offenses,” such as the lesser charge of Speeding, fall into a different category of non-criminal offenses.  Although almost no one suffers the maximum Reckless Driving punishment, the maximum is one year in jail, a $2,500.00 fine, a six month license suspension, and six demerit points.  Of course, future insurance rates can be affected by a conviction.  In some instances Reckless Driving can be elevated to a felony.

Most people convicted of Reckless Driving just pay a fine, but those who have a clean criminal record and who want to fight to keep it clean -- for employment purposes or pride -- will want to hire an attorney.  For those convicted of Reckless Driving at speeds over 85 miles per hour, license suspensions are common.  At speeds over 90 miles per hour, jail is common.  If one already has a record of speeding violations, the potential punishments are often enhanced.    

Perils of Self-Representation

Many people go to court on their own with the plan to “explain” their situation to the judge and hopefully get their charge reduced or to otherwise be treated leniently.  This can work, but it could be risky.  Individuals often make explanations and excuses that undoubtedly seem reasonable to them, only to lean that the judge finds the excuses to be aggravating rather than mitigating.  Even professionals and other very well-educated folks fall into this trap.  Those not trained in Virginia Law, and those who have not received the “on the job” training of daily appearances in Virginia Courts, usually do not have the skills to successfully defend themselves or convince the court to treat them leniently. 

Benefits of Hiring a Good Lawyer

The main advantage of retaining a good lawyer is that a lawyer will be able to identify any legal defenses on may have.  Contrary to popular belief, people can and do win Reckless Driving charges and the reasons are not always obvious.  In addition, by knowing the personality of the judges, a good lawyer will know what arguments will work best with each judge.  If, after reviewing all the facts, the law, and the police evidence (such as the speed detection device used in one’s case), a lawyer concludes that winning a trial would be unlikely, he can negotiate with the Commonwealth’s Attorney (prosecutor) in an attempt to reduce the charge or limit the punishment.  Individuals are often not effective in negotiations with prosecutors because they cannot discuss the case dispassionately and they run the risk of self-incrimination.  And, in some jurisdictions, a prosecutor will not even speak with one accused of Reckless Driving if they don’t have an attorney!  Thus, without an attorney in those jurisdictions, one has virtually no ability to reach a pre-trial plea agreement; it is all up the judge.  Many people feel that this is simply too risky when the consequences are a criminal conviction and criminal record, or worse.

 
In summary, in order to protect your rights, it is almost always better to be represented by an attorney.  While no attorney can guarantee any particular outcome or result, an experienced attorney can better help you win a trial or negotiate a plea agreement to reduce your charge or your punishment