1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

VA, speeding/reckless, medical emergency

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Rose924, Feb 5, 2019.

  1. Rose924

    Rose924 Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Virginia
    During afternoon hours, I sought medical attention that long stort short ended up being "anxiety" and i left urgent care with a psychiatric referral, but no medicine to treat the diagnosis. They prescibed me an inhaler and "magic mouth wash" hesitantly, because my real diagnosis was anxiety and the "symptoms" (swollen tongue/throat, trouble breathing) I was complaining if were solely from the anxiety, and not actual medical symptoms of anything else.

    As the day went on, the anxiety continued to worsen. By 6pm, I felt I had no choice but to just get away. So, I jumped in the car, and began the 9 hour drive to my mother's house. At this point in time and in the midst of my condition, I felt like NOTHING would get better until I was there with my mom (Although, anxiety medicine probably would have prevented all of this!).

    At 4am, I was pulled over literally 10 miles from the NC state line (mom is in NC). I was clocked at 93mph and cited for speeding and reckless driving. Weather conditions were perfect, there were barely any other cars in site, and although I have a few speeding tickets (around 2 years ago is the most recent), I had NEVER been involved in an accident.

    I have proof of the medical condition and the treatment I sought, but from what I'm reading "medical emergency" cannot be foreseen or it doesn't apply as a defense since i "made the choice to drive, aware of condition". However, my condition wasnt treated properly, and during the time I didnt "make a choice". My pstchiatric state compulsively required me to get there as soon as possible and did not allow me to make reasonable choices that I probably would have made had the condition not existed or been properly treated!

    Whats the possibility of getting the whole thing dismissed? Or at least dropping the reckless driving part? Can I hold the urgent care facility responsible in any way for not treating me properly?!
     
    Last edited: Feb 5, 2019
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,410
    Likes Received:
    1,351
    Trophy Points:
    113

    Zero.

    Possibly. But it will take a good traffic lawyer if you have any hope of reducing the charge.

    No.
     
  3. army judge

    army judge Super Moderator

    Messages:
    30,027
    Likes Received:
    3,977
    Trophy Points:
    113

    In the USA almost anything is possible.

    That might be possible if the prosecutor wishes to make you a deal.

    Only a court can hold a person or corporation liable for tortious conduct, if and only if, due process has been served.

    In short, only after the matter has been litigated.

    Bottom line, I suggest you consult a few attorneys near you about your plight.

    An internet discussion forum is limited use insofar as complex legal matters are concerned.
     
  4. Disabled Vet

    Disabled Vet Active Member

    Messages:
    677
    Likes Received:
    155
    Trophy Points:
    43
    Keep in mind this.... Since you confession of this issue on a public forum. Child Protection Services reads this they could open a claim. Since you knowly drove with your child while having a mental disorder. Possibly putting the life of your child in danger. Food for thought....
     
    army judge likes this.
  5. Tax Counsel

    Tax Counsel Active Member

    Messages:
    303
    Likes Received:
    128
    Trophy Points:
    43
    And where in that post do you see that the OP drove with a minor child in the car? I see nothing in the post that suggests anyone other than the OP was in that car.
     
  6. Tax Counsel

    Tax Counsel Active Member

    Messages:
    303
    Likes Received:
    128
    Trophy Points:
    43
    That's totally up to the prosecutor. But I think that given you were cited for doing 93 mph it is unlikely the prosecutor will drop the whole thing. Perhaps the prosecutor might agree to a plea agreement where the reckless driving is dropped or reduced to something else, but there is no guarantee on that.

    If it goes to court, your anxiety problems will not give you a good defense to the charges. Despite your protests to the contrary, you did make the decision to drive to your Mom's. And more to the point, you made the decision on HOW you drove — with a heavy foot on the gas.
     
  7. Rose924

    Rose924 Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    So should I plead not guilty in order to get a plea deal? Or do I need to contact someone before the initial court date?

     
  8. army judge

    army judge Super Moderator

    Messages:
    30,027
    Likes Received:
    3,977
    Trophy Points:
    113

    Yes, you can plead NOT guilty, which will require the court to set a trial date, often six to eight weeks later.

    You could also speak with the prosecutor BEFORE you enter a plea, and ask if the "reckless" charge could be dropped, in lieu of a speeding charge ONLY.

    At this point you can offer your version of medical/mental emergency which impaired your driving abilities.
     
    Rose924 likes this.
  9. Disabled Vet

    Disabled Vet Active Member

    Messages:
    677
    Likes Received:
    155
    Trophy Points:
    43
    Look at my post time.... Her edit time...... You will see the child in the car..
     
    army judge likes this.
  10. mightymoose

    mightymoose Well-Known Member

    Messages:
    10,175
    Likes Received:
    1,474
    Trophy Points:
    113
    The scenario you describe is hardly an emergency. You are expected to follow the rules of the road and arrive as quick as possible, not to exempt yourself from the law because you are having a bad day.
    I believe you have no chance of having this dismissed and little chance if of having reduced. Your best chance is to try and negotiate a reduction.
     
  11. cbg

    cbg Super Moderator

    Messages:
    7,775
    Likes Received:
    1,028
    Trophy Points:
    113

    The OP has posted this all over the internet. In other versions, it is clear that she had her daughter with her, although it is not clear if that daughter is, in fact, a minor.
     
  12. army judge

    army judge Super Moderator

    Messages:
    30,027
    Likes Received:
    3,977
    Trophy Points:
    113


    I read about a child, a minor child at that, before THAT admission was hacked by some Russkie or ChiComm.
     
    Disabled Vet likes this.
  13. flyingron

    flyingron Active Member

    Messages:
    270
    Likes Received:
    101
    Trophy Points:
    43
    I answered this on the other board. I've been through this in several different counties in Virginia.

    First off, your "medical emergency" defense is nonsense. Medical emergencies do not go on seven hour drives across the state to see their mommy. It isn't going to fly.

    Reckless driving is a CRIME. You can go to jail. At 93, you're flirting with the speed that many GDC judges WILL send you to jail for a few days (typically 60 days suspended down to 4-8 days) to teach you a lesson.

    What you can do is talk to the commonwealth's attorney to see if they'll drop the RD for regular speeding or improper driving. If not, I suggest very strongly that you get an attorney familiar with. the court you're cited to appear in. They will know the judge and the CA and know what will fly with regard to plea bargains or the like.

    Unless the CA is willing to waive jail time, the judge will strongly suggest you need an attorney anyhow.
     

Share This Page