Avoiding a deer: reckless driving?

[adomir]

Hello everyone,

A couple days ago, when driving back home late at night, a deer jumped in front in me, and rather than hit it at 60 MPH, I swerved around it to the left. The problem was, I swerved a little too hard, and overcorrected on the right, ending up going off to the road on the left. No one was hurt, the deer got away, and my car was undamaged; however, when a state trooper came by, he charged me with reckless driving for being unable to maintain control of my vehicle. When I asked what I should have done, he told me that I should have just hit the deer instead.

I'm rather upset about this charge. I overcorrected in the heat of the moment, but I was trying to avoid the deer; I'm a safe driver, and obey the law, and had the deer not jumped in front of me, there wouldn't have been a problem.

So, I'm wondering... Do I get a lawyer? I'm 17, and in VA, and the state trooper said I don't get one. Is this really true? Should I consult a lawyer? Apparently, at my court date, the officer will speak, the judge will ask me questions, and I'll be able to question the officer, but that's it. I'll be 18 when I actually go to court (less than a month until my birthday); does that make a difference, and are there any cases I should know about? Also, should I have been charged with reckless driving? What's the actual law about it?

Thank you very much for all your help, and I hope to hear back from someone. Thanks again!

 

[lwpat]

Reckless driving in VA is a serious criminal offense carrying a maximum fine of $1250 and the possibility of jail time. It is a mandatory court appearance. I would show up and talk to the prosecuter and see if he will drop the charge. If not, you can request a continuance to obtain legal representation. Do not let them talk you into going to trial. If you get a reckless driving on your record, your insurance will go sky high. It will also stay on your record for three years and hurt you if you try to get a job where you will be required to drive.

Are there any houses nearby. Perhaps a statement from one of them that they see deer in the area might help the prosecuter decide to drop the charges.

 

[adomir]

Thank you very much for your reply, lwpat!

No one saw me, but the area is known for a lot of deer; there's a sign a mile before I went off the road that cautions for deer in the next two miles. By the way, what's the difference between a court appearance and a trial?

I'm also not sure if there's a prosecutor really, either. From what the trooper told me, only the judge, he, and I will be there, and I'm not sure I will allowed to bring an attorney with me. Should I talk with one beforehand then, I guess?

Also, would it be helpful calling the trooper and asking him to drop the charges? Should I take a driving improvement class to show that I'm committed to safety, or would that essentially be an admission of guilt in the judge's eyes? By the way, I think my record's clean; I received a verbal warning once, but that's it. I really am a safe driver, but am a little worried about being charged with reckless driving...

Thanks for all your help!

 

[lwpat]

You do not want to go to trial on this without an attorney. If they will not drop the charges, get a continuance in order to retain an attorney.