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Minor Charged With Reckless Driving

Discussion in 'Auto Accidents, Injuries' started by Rlacy2018, Oct 12, 2017.

  1. Rlacy2018

    Rlacy2018 Law Topic Starter New Member

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    Hi, I'm currently 17 years old, and had an accident a few days ago on a local bridge. The road was wet, it was a sharp turn, and I was probably going faster than I should have for the weather conditions (I'm not aware of what my speed was). The car was totaled, but I was the only one in it and no other cars or property was damaged (including the bridge). This is my first traffic offense, the officer charged my with Reckless Driving - Failure to Maintain Control of the Vehicle. I'm worried because this is a criminal charge, and they could charge me as an adult (I'll be 18 at the time of the court date, set for December 12th). I don't know if they will try to prove the speed that I was doing, or if they will let me off and I will have to take a defensive driving course. The state trooper that showed up said that I'll most likely have to take a defensive driving course, and that the charge will be off my record in six months. However, it still worries me because the court date is still two months away, not knowing is killing me. I, myself, do want to be a state trooper, and if they don't drop the charge down to improper driving, and charge me with reckless driving, that could ruin my chances. Everything I'm reading says to get an attorney, but my mom really doesn't think that that's necessary. Anyways, there might be some things I accidentally left out, but any advice would be greatly appreciated.
     
  2. Highwayman

    Highwayman Well-Known Member

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    Every GDC in Virginia handles cases differently so it's impossible to say what will happen with you. You need an attorney - your mother is a fool if she thinks otherwise.
     
  3. Rlacy2018

    Rlacy2018 Law Topic Starter New Member

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    Thank you for your reply, I believe that the case will be handled in juvenile court.
     
  4. army judge

    army judge Super Moderator

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    Your birthday in December will have no bearing on how you'll be treated today IF you are convicted for any traffic violation.

    At age 17 you can be treated and tried as an adult, if the prosecutor and the the judge choose that fate for you.

    However, what you're facing isn't a felony, albeit it is serious.
    A conviction for a newly licensed driver can cause you to lose the license for several months or even a year, receive additional restrictions on your license, greatly increase insurance rates, attend one or two driving related classes, and MAYBE probation.

    Without a doubt, you need an attorney.

    I suggest you sit down with mother and dad to discuss just how severe this could end up being to you and them, if they allow you to drive their vehicles (their insurance rates will skyrocket), and you might discus what you'll do if your driving privileges are suspended or revoked.


    Read this information:

    The 1st link discusses "reckless driving" and its VERY severe penalties, if convicted.
    This further reinforces the point, YOU desperately need a lawyer because of your age and the seriousness of the charge.
    This conviction will also impact your mother and/or father, or whoever held insurance on the car.
    Whether you drive or not in the near future, someone's insurance rates will increase beyond imagination!!!!!

    ...
    Virginia Department of Motor Vehicles
    ...

    https://www.dmv.virginia.gov/webdoc/pdf/dmv16.pdf

    Virginia Department of Motor Vehicles

    Good luck.......
     
  5. mightymoose

    mightymoose Well-Known Member

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    Having crashed the car is not itself enough to pin a reckless on you. There will need to be additional evidence to support it. If there isn't which then you will likely see a reduced charge.
    For all anyone knows you swerved to miss an animal.
    It is possible to determine an approximate speed from the crash scene, but in a solo accident with no injuries those resources may not have been utilized.
    If you otherwise have a clean record I would expect a good chance the reckless doesn't stick. It does not matter what the officer wrote in the report. It ultimately matters only what evidence the prosecutor has to work with.
     
  6. Rlacy2018

    Rlacy2018 Law Topic Starter New Member

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    Thank you, that's what I'm hoping. My sister did damage to a car, a house, and she was over 18, but they reduced her sentence. So I'm feeling more optimistic now. I appreciate it.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Tell your mother she has the option of hiring a lawyer or paying double or triple the insurance rates on you after you are convicted.
     
    army judge likes this.
  8. army judge

    army judge Super Moderator

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    Amen, brother.

    Very few people walk out of any traffic court unscathed.
     
  9. Highwayman

    Highwayman Well-Known Member

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    I prosecuted six defendants in traffic court this morning. I walked out of there smelling like a rose, in addition to being unscathed. LOL
     
  10. army judge

    army judge Super Moderator

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    LOL, My reference was to the defendant, not the prosecution. I should have been clearer, but the prosecution has nothing to lose but face, as his/her liberty, finances, or driving privileges remain intact, win or lose.

    Which is why I admonish all who listen, OBEY all of THEIR laws.
     

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