Ask the Reckless Driving lawyer, Arlington, VA:
How are Reckless Diving charges are handled in Arlington?
(For a full explanation of the Virginia Law on Reckless Driving by a Reckless Driving lawyer, Arlington VA, please look at our explanation under Frequently Asked Questions. This article is meant to discuss how Arlington Courts handle Reckless Driving charges differently than other Courts).
As the explanation article in Frequently Asked Questions explains, there are 14 different types of Reckless Driving charges in Virginia. The most common is the one which makes anything 20 mph over the limit or anything over 80 mph over the limit Reckless. The other most common Reckless is “Reckless General” which is driving in a manner “… so as to endanger life, limb or property.” The third most common is driving “… a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes.” All of these are Class 1 Misdemeanor Crimes which carry up to a $2,500 fine, one year in jail and a 6-months loss of license. (Don’t panic. People rarely get the max. But depending on the driving record and the facts, people do get jail, fines and license suspensions.) A good Reckless Driving lawyer, Arlington VA will be prepared for all varieties of Reckless Driving – including, sadly, cases resulting in traffic fatalities.
To be honest, if you have a perfect record and were going 21-25 mph over the speed limit, or just got in a fender bender, or spun out in the rain, you may not need a lawyer. We want you to contact us for good legal advice. If you are not that much in trouble, we will tell you. For example, in these type cases, for people with perfect driving records, even without a lawyer, Arlington will let you do traffic school and agree to amend the charge to a non-crime, such as regular speeding. We recommend, however, that before you go to Court, you consult a Reckless Driving lawyer, Arlington, VA. This is because if you don’t have a perfect record, or are going 25mph + over the limit, or got in a collision with damages or injury, Arlington can be tough (and there could be civil consequences to your decisions). There is no other way to say it. The Prosecutors and the Judges take licenses and give people jail. This is on top of having a criminal conviction of Reckless Driving – a Class 1 Misdemeanor, and a license suspension of up to 6 months.
First, a good Reckless Driving lawyer Arlington, VA will look for ways to win. For example, on Reckless speeding cases: Are the Radar or Laser calibrations properly in order? Did the Officer use the proper subject tracking protocols? Did the Officer even have the authority to use Laser? These are questions we investigate when trying a case.
If the case cannot be won, a good Reckless Driving Arlington, Virginia lawyer from Dave Albo will have a system to get the best possible results. For example, on Reckless Driving 20+ mph over the limit, our system includes technology fixes (e.g. speed governors or warning devices installed into cars), presentation of an extensive history of “good citizenship,” and taking a driving improvement course. However, we won’t recommend just any old course! Only an experienced Reckless Driving, Arlington Virginia lawyer will know the course that works best in Arlington.
The bottom line is that if you are barely going over 20 mph over the limit and have a perfect driving record, or just got into a fender bender, you probably don’t need a lawyer. (However, check with us to confirm your particular circumstances). But, if you are not the man or woman with the perfect record, and were going 25+, or got into an accident with damages or injury, or were driving aggressively, in Arlington County — you better consult with a top Reckless Driving lawyer in Arlington, VA, or you could find yourself in jail, and/or without a license, and with a Class 1 misdemeanor Reckless Driving conviction.
The Daily Process at Arlington County General District Court.
Court is stressful, so take off some of the stress by having your DUI / DWI or Reckless Driving Lawyer Arlington VA just explain to you what to expect on your Court date. Here are some items about the Arlington County General District Court.
Location: The Court is located at 1410 Courthouse Rd, Arlington, VA
Parking: Parking is tough. There is a small open air lot in front of the Court house with pay to park meters. This fills up fast. If you don’t get there well before Court, you will need to find street parking, which is also hard to find, or park in paid lots underneath nearby office buildings. The Court House Metro Stop is very convenient. It empties out about 200 years from the Court house.
Entry: The main entrance has only one screening device and metal detector operated by Arlington County Sheriffs. It is rarely crowded, so it should not take you long to get through it.
Computers, lap tops, hand held communication devices and cell phones: Arlington County Court does NOT allow any of these. So leave them in your car or at home. If you do bring them, bring some quarters. You can lock them up in a locker at the jail entrance. The jail is on the opposite side of the court yard from the Court entrance. In other words, when you walk into the court complex you will be walking in a court yard. On your right is the Court and on your left is the Jail.
Court room locations: Arlington Court is small compared to Fairfax County. After you go through security, go up the escalators to the third floor. The Traffic Court room is on your right, the DUI and Criminal Court room is on your left. The right court room handles all the Reckless Driving, Hit and Run, Speeding, Driving on a Suspended License, and other less serious Traffic Offenses. The left court room handles all criminal cases and DUI’s. The docket is posted outside of each court room on a t.v. screen. Look for your name and then confirm you are at the correct court room by looking to see the court room assignment by your name (e.g. “3C” means court room C on level 3.)
Location in the Court to meet your attorney: You should make arrangements as to where to meet prior to Court with your DUI / DWI or Reckless Driving Lawyer Arlington VA. We find it easier to meet in the hallway outside of the court room door about 15 minutes prior to the start of Court.
What happens in the court: Unlike most other jurisdictions, if your case is a DUI / DWI, the Prosecutor will have looked at the case prior to Court, and thus, your attorney can begin negotiations on a plea deal immediately upon arriving at Court. (Usually, the Prosecutor is not ready to discuss a plea agreement on any day prior to Court, but they are ready in the morning of the day of court.) As for Reckless Driving and other Traffic Offenses, the Prosecutor will have to talk to the Police Officer first so that the Prosecutor can hear the Police Officer’s side of the story. After that, the Prosecutor is ready to talk to your attorney. Lots of not so good lawyers walk into court with a whole stack of cases. This is not an effective way to represent someone. Sure, it saves the client money, but the results can be mediocre. A good DUI / DWI or Reckless Driving Lawyer Arlington VA will concentrate on only one serious case a day. Plea agreement offers get better later in the day when the Prosecutor is feeling the time crunch. So, if your attorney has 3 – 5 case files, that means he has to be in 2 – 4 other court rooms. Thus, he is likely to recommend the first plea deal a Prosecutor offers so he can go to help his other clients.
In Arlington, unlike most Courts, there is not a lot of sitting around. If your case resolves by a Plea Agreement, you can expect to be there only one hour. If it goes to a trial, you will usually be trying your case within an hour of the Court’s start time.
For a non – DUI / DWI or traffic charge in Traffic Court, if a Plea Deal can be negotiated, and if you accept the deal, then a plea agreement card will be written up, signed by the Prosecutor, Defense Attorney and you. It will be given to the Judge and the Judge in 99% of all cases will agree to enter that agreement. In the unlikely event that a Judge does not agree to a deal, then a new deal will have to be entered into or you will go to trial. For a DUI / DWI, there is not plea agreement form. You, your DUI Lawyer Arlington VA and the Prosecutor stand before the Judge and explain the deal. Your attorney should absolutely explain what rights you have and what rights you are giving up when you take a deal. If you do not accept a Plea Agreement, or if one is never offered by the Prosecutor, then your case will be tried that day. Your attorney can ask for a continuance, but it is not likely to be granted in Arlington.
Conclusion: Every Court is different, so make sure that your DUI / DWI or Reckless Driving Lawyer Arlington VA is experienced in Arlington County. I have been practicing law for 29 years and have been in the Arlington Court, on average, one day a week. So that would be over 1,500 appearances in Arlington County Court.