The most common misconception is that if you are charged with reckless driving in Leesburg, it is not a big deal. It certainly is a big deal and that leads to the second most common misconception, which is that if someone is charged with reckless driving and they appear in court and tell the judge their honest story the judge will likely reduce or dismiss the case. Judges aren’t under any obligation to reduce your case and they exercise their discretion to decide what case to reduce or dismiss very seriously. Therefore, simply appearing and asking nicely may not always be the best course of action.
The primary reason why you shouldn’t prepay the fine for a reckless driving ticket is that you can’t. In Virginia, there is no set pre-payable penalty for the charge of reckless driving. The judge determines the fine, if any, on a case-by-case basis. The range for potential fine is extreme.
For example, it is a lawful reckless driving penalty to have no fine, and it is also lawful for reckless driving to carry a fine of $2500. So there is a broad range for the judge to use discretion in assessing a penalty. Therefore, if you simply write a check for $100 and mail it in there is no guarantee that the fine will be correctly applied for your case or that it will be sufficient.
Additionally, if you simply do not appear in court, the court can find you guilty in your absence and assess a harsh penalty or the court can issue a capias or a bench warrant for failure to appear. By receiving the Virginia Uniform Summons you are making a promise to appear in court and breaking that promise can have serious consequences.
The judge and the prosecutor will take the case very seriously. They are not simply going to reduce or dismiss the charge because you come in court and ask them to.
You should expect that an experienced reckless driving attorney will assist you and that they will require your assistance to help yourself. This may include gathering your Virginia or out of state driving records, having your speedometer calibrated, or providing them with certain mitigating documentations about your background such as your resume, past community service and proof of safe driving behavior, such as completion of a voluntary driving course.
Should you choose to go with an experienced criminal defense attorney with our firm, your lawyer will have a great relationship with the local prosecutors, law enforcement officials, and judges. We will work tirelessly on your behalf to achieve the best results possible, and we will make sure that you will remain informed during the entire process.
Northern Virginia Criminal Defense Group
