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My son who is 26 years old got his first reckless driving 60/30 in fairfax va.
Anonymous2 views2 answers
the police gave him to show at court on dec. is it good to go and take the driving school class before going to court. how to plea in this case. his car 1994 saturn an old car, is it worth it to send to mechanic for caliberation?? he got another ticket a year ago for don't turn on right. should he takes his driver record with him?
Brian Daniel Geno
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Posted
on Nov 11, 2009
Reckless driving is a class 1 misdemeanor. That means that it has a maximum potential jail sentence of 1 year, a maximum potential fine of $2500 and suspension of his driver's license. In Fairfax, the rule of thumb for your son's case, although not set in stone, would include no jail but a suspension of license and fine if convicted. You work up from there. The classes are helpful and a calibration (if showing the speedometer to read lower than actual) would also be helpful. There are lots of things you could do and even more that an experienced lawyer could do but none of them work if you plan to just go in and plead not guilty. As far as the record is concerned, if I were representing him, I would take one. The police officer is going to take one. One of the first "post-conviction" questions a judge would ask for is the status of your son's record.
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Michael E Hendrickson
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on Oct 19, 2009
1. Can't hurt.
2. He should not plead guilty to reckless driver, a criminal misdemeanor, but only to a lesser charge involving speeding such as 49mph in the 30 zone which is classified as a traffic infraction rather than a criminal offense. (If the prosecutor refuses this offer, your son should request a continuance in the matter to hire a lawyer to represent him.)
3. Calibration, possibly, but only if it is likely to produce mitigating evidence in his favor.
4. Yes, he should bring a copy of his DMV record, but only show it to the prosecutor if it reflects a better record than the one that the prosecutor already has.
M.E. Hendrickson, Esq.
Alexandria, Virginia 22314
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