Adam C. Calinger, Esq. V
I RECKLESS DRIVING R G I N I A DEFENSE DISCLAIMER CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE. EACH CASE MUST BE CONSIDERED IN CONTEXT. THIS BOOK IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS LEGAL ADVICE. THE INFORMATION IN THIS BOOK DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE AUTHOR AND ANY OTHER PERSON.
About the Author Adam Calinger is a criminal defense attorney in Fairfax, Virginia, defending clients charged with reckless driving and other criminal offenses.
Adam received his law degree from the University of Virginia School of Law. He received his undergraduate degree from Xavier University.
After law school, Adam worked for United States Magistrate Judge James Seibert. He assisted Judge Seibert in ruling on criminal matters such as a motion to suppress and prosecution discovery of matters protected by attorney-client privilege.
Adam then worked for Judge James Haley Jr. on the Virginia Court of Appeals. The Virginia Court of Appeals is the Court that hears almost all criminal appeals. Adam helped Judge Haley write numerous criminal law opinions. The Virginia Supreme Court expressly approved the reasoning of one of these opinions.
In 2014, Adam joined the Fredericksburg Office of the Public Defender. He successfully defended numerous clients. Adam handled a broad range of charges, from misdemeanors up to a jury trial carrying a possible penalty of up to life in prison.
Adam now practices in Fairfax, Virginia, representing persons charged with reckless driving and other criminal offenses. He consistently obtains positive results for his clients.
Adam resides in Fredericksburg, Virginia, where he enjoys socializing with friends, attending church, and playing poker.
Praise from Clients for Adam Calinger
“Adam Calinger has a great knowledge of the judicial system. He maps out as many possible choices for his clients as possible. He tries to understand the person. He doesn’t just look at you as another client.” --Raphael S. “Adam is a great Attorney. I gave him a call to talk about my reckless driving charge. You could really tell he knew what he was talking about. So I choose him to represent me and how glad I am that I did. He showed up early and made me feel very relaxed. My reckless driving charge was dismissed. I am so grateful to have had Adam as my Attorney. Thanks!” --Eric H.
“I highly recommend Adam Calinger to anyone who needs a lawyer! I had two prior lawyers before I hired Adam Calinger and am very glad I chose him. He did an amazing job on my case. I won completely! If you need a lawyer, you should call Adam Calinger!”
--Allison T.
"Adam and Catherine are great! Whether you need their assistance with something big or small, they will give 100% effort in assisting you. I would recommend them to everyone!"
--Caty P.
Consistent Success from Adam Calinger Jurisdiction Charge Outcome Stafford Reckless Driving Dismissed King George Reckless Driving Dismissed Fairfax Reckless Driving Reduced to Speeding Loudoun Reckless Driving Reduced to Infraction Spotsylvania Reckless Driving Reduced to Speeding Stafford DUI/DWI Reduced to Reckless Driving Prince William Marijuana Reduced to Paraphernalia Fredericksburg Driving Suspended Dismissed Spotsylvania Protective Order Violation Dismissed King George Felony Probation Violation Dismissed Fredericksburg Felony Credit Card Fraud Dismissed
Table of Contents
Chapter 1 What Is Reckless Driving? ...... 1
Chapter 2 Consequences for Reckless Driving ...... 10
Chapter 3 Defending Your Case ...... 18
Chapter 4 Mythical Defenses (Don’t Try These!) ...... 26
Chapter 5 Reducing the Charge Below Reckless Driving ...... 31
Chapter 6 What Happens at Court? ...... 38
Chapter 7 Should I Appeal My Case? ...... 46
Chapter 8 Should I Hire An Attorney? ...... 49
Appendix ...... 51
Chapter 1
What is Reckless Driving?
Let’s start with the basics. What is reckless driving in Virginia? If you’re reading this book, that’s probably the first question you want to know.
Reckless driving is a crime. It’s a class 1 misdemeanor. It’s not a civil infraction, like a speeding ticket. It’s an actual crime that will go on your criminal record and appear in background checks.
That reckless driving is a class 1 misdemeanor means it’s the most serious kind of misdemeanor. There are four degrees of misdemeanors under Virginia law, with class 4 being the least serious and class 1 being the most serious. Examples of other class 1 misdemeanors include assault and battery, petit larceny, and DUI/DWI charges. While this is serious, you should also realize most misdemeanors under Virginia law are class 1 offenses.
There are 14 different kinds of reckless driving enumerated in the Virginia Code. Persons with a reckless driving charge should look at the summons they were given by the officer to determine which one applies. The summons will state a Virginia Code section for reckless driving.
Now let’s go through the various types of reckless driving. In each case, I’ll give a brief explanation of what the charge involves. At the end of the chapter, I’ll lay out the Code section texts so that you can look at the law yourself.
General Reckless Driving (Virginia Code Section 46.2-852)
This section generally states that where a person drives a vehicle in a reckless manner, that person is guilty of reckless driving. This is the “catch all” reckless driving section. If conduct doesn’t fall under another section, or if an officer isn’t sure about what to charge, this section can come into play. While reckless driving is supposed to involve serious misconduct that endangers lives or property, what that means is often up to the judge.
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Police officers often issue charges under this section in accident cases. If one person is determined to be at fault, that person may get a charge under this section for generally driving unsafely.
Faulty Brakes (Virginia Code Section 46.2-853)
This section makes it reckless driving to drive a car not under control or that has faulty brakes. This can often occur where a person drives a car and the brakes need maintenance, or where the brakes suddenly go out due to a leak in the brake fluid system. Even though such conduct may not seem reckless, the Virginia Code provides that this can constitute reckless driving.
Passing on the Crest of a Grade or a Curve (Virginia Code Section 46.2-854)
This section makes it an offense to pass a car while approaching a crest in the road, or a curve in the road. However, there’s an important qualification. It’s only an offense where there are not two lanes of travel in each direction and where the driver’s view is obstructed.
Driving with Impaired View or Control Impaired (Virginia Code Section 46.2- 855)
This section makes it a crime to drive where there are items in the car, or even people in the car, that interfere with seeing out of the sides of the car or the front of the car. Note that this does not apply to seeing out of the back of the car. If an officer charges a person with this section for having boxes blocking the rear view, that person is actually not guilty. This section also makes it a crime to drive where items or other persons prevent a person from controlling the car’s driving mechanisms.
Passing Two Vehicles Next to Each Other (Virginia Code Section 46.2-856)
This Code section prohibits a person from passing two cars next to each other, except where there are three lanes of travel in each direction. Note that to avoid this section, there need to be three lanes of travel in each direction. Thus, if
2 a person has three lanes and passes two cars abreast, but there are only two lanes going in the other direction, this section may still apply.
Driving Two Abreast in a Single Lane (Virginia Code Section 46.2-857)
Here the Code prohibits a person driving parallel to another car in a single lane. Usually one lane can’t fit more than a single car anyway. It’s fairly obvious this conduct would be reckless. There’s a specific exception here for motorcycles, which can travel next to each other in a single lane.
Passing at a Railroad Grade Crossing (Virginia Code Section 46.2-858)
Here the Code forbids passing another car at a railroad crossing or highway intersection unless there are two lanes of travel in each direction. That’s usually the case, so don’t expect to see this charged very often.
Passing a Stopped School Bus (Virginia Code Section 46.2-859)
This is a common charge in court. When a school bus stops to let off children, you’re required to stop on both sides of the road and wait till the proceeds. You don’t need to stop of the school bus is on the other side of a divided road, which means that there’s a physical barrier or an unpaved area between the two sides of the road. Be careful on this. Police tend to be diligent about it.
Failing to Give Proper Signals (Virginia Code Section 46.2-860)
This section covers a lot of conduct that usually just constitutes an ordinary traffic infraction. It’s put in there to provide officers with more areas to stop potentially reckless drivers. Basically it allows police to charge anyone with reckless driving where the person fails to give timely notice of a traffic signal.
Driving too Fast for Traffic Conditions (Virginia Code Section 46.2-861)
This section allows police to charge someone with reckless driving where the person drives too fast for the road conditions, regardless of the actual speed
3 limit. This covers situations such as rainstorms of snowstorms. In those storms, it may be unsafe to drive even at the posted speed limit. This section covers that.
Excessive Speed (Virginia Code Section 46.2-862)
This represents the most common reckless driving charge. It’s reckless driving to drive either (a) twenty miles or more over the speed limit or (b) over eighty miles per hour, regardless of the speed limit. In some parts of Virginia the speed limit is seventy miles per hour. That means you could face a reckless driving charge for going only eleven miles over the speed limit!
Fail to Yield Right of Way (Virginia Code Section 46.2-863)
This Code section requires persons entering larger roads from side roads to bring their vehicles to a total stop before entering the road if there is traffic approaching within five hundred feet. There’s an exception where a yield right of way sign is present. You don’t see this charged very often.
Reckless Driving on Parking Lots (Virginia Code Section 46.2-864)
This section generally prohibits recklessly driving in parking lots, driveways, or construction sites. It’s yet another section to cover missing pieces for reckless driving.
Racing (Virginia Code Section 46.2-865)
This Code section prohibits people from engaging in racing on roadways or private property, unless authorized by the owner of property. That means it doesn’t cover legitimate races, such as NASCAR, but it does cover people racing down the street. Persons convicted under this section also lose their license for at least six months, with up to a two year license suspension possible. That’s much harsher than the other reckless driving sections (we’ll cover this in another chapter).
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The Law
Below you will find the text of the reckless driving statutes in Virginia. You can use this as a reference point to look at later to find out exactly what the law says.
Virginia Code Section 46.2-852 Reckless driving; general rule.
“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”
Virginia Code Section 46.2-853 Driving vehicle which is not under control; faulty brakes.
“A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.”
Virginia Code Section 46.2-854 Passing on or at the crest of a grade or on a curve
“A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.”
Virginia Code Section 46.2-855 Driving with driver’s view obstructed or control impaired
“A person shall be guilty of reckless driving who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct
5 the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle. A person shall be guilty of reckless driving who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle.”
Virginia Code Section 46.2-856 Passing two vehicles abreast
“A person shall be guilty of reckless driving who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.”
Virginia Code Section 46.2-857 Driving two abreast in a single lane
“A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle. In addition, this section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort; (ii) a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall it apply to (iii) any vehicle when lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane.”
Virginia Code Section 46.2-858 Passing at a railroad grade crossing
“A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any
6 intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.”
Virginia Code Section 46.2-859 Passing a stopped school bus; prima facie evidence
“A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion; any person violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words "School Bus" in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.
The testimony of the school bus driver, the supervisor of school buses or a law- enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.”
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Virginia Code Section 46.2-860 Failing to give proper signals
“A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.”
Virginia Code Section 46.2-861 Driving too fast for highway and traffic conditions
“A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.”
Virginia Code Section 46.2-862 Exceeding speed limit
“A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.”
Virginia Code Section 46.2-863 Failure to yield right-of-way
“A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a "Yield Right-of-Way" sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.”
Virginia Code Section 46.2-864 Reckless driving on parking lots, etc.
“A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:
1. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or
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2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
3. On any highway under construction or not yet open to the public.”
Virginia Code Section 46.2-865 Racing; penalty
“Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver's license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398.”
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Chapter 2
Consequences for Reckless Driving
In Chapter 1, we looked at the idea of what is reckless driving. We looked at the idea of what it’s alleged that a person charged with reckless driving did.
In Chapter 2, we’ll examine the potential consequences of a conviction for reckless driving. We’ll explain these in simple, plain language. At the end, I’ll once again share the law with you as a reference so that you can see it for yourself.
Before we start, let’s be clear about something important. These are consequences a person will face only if convicted. The point of this book is to help people win reckless driving cases. It should help people obtain acquittals. However, we want you to know the law and be prepared.
Since reckless driving is a class 1 misdemeanor, you’re looking at several possible penalties:
Jail of up to 12 months A fine of up to $2,500 License suspension of up to 6 months
Before you gasp in shock at the consequences of just driving too fast, don’t worry! These are maximum penalties. Most people do not get anything near these penalties.
So what are you realistically facing? Let’s take a look. The following discussion assumes a person is found guilty.
Jail
Very few people charged with reckless driving are sentenced to jail or spend time in jail. In cases other than speeding, there will need to be evidence of especially egregious driving behavior causing danger to others. Simple accident cases almost never see a jail sentence.
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In reckless driving by speed cases, jail becomes a little easier to anticipate. What speed will get a person jail time varies by jurisdiction and the judge in the case. In some jurisdictions, jail time starts around 90 mph. In other jurisdictions, jail may not start until up to 100 mph. If you’re going over 100 mph and you get convicted, the odds are you’ll receive a jail sentence.
When a person does receive jail time, the jail sentence typically does not reach anywhere close to 12 months. Jail sentences are often only a few days in length. Some judges have personal policies of imposing a day in jail for every mile per hour over a certain speed. Even where a person goes 120 mph, that person will likely receive thirty days or less in jail.
You should also understand Virginia’s laws concerning calculating jail time in misdemeanor cases. A person receives two-for-one credit for all time spent in jail. This means a person actually serves half his jail sentence. For instance, if a person receives a four day jail sentence, that person will actually spend two days in jail.
If a person does receive a jail sentence, most judges will allow the person to either serve all the time on weekends, or at least begin serving the time on weekends at some point in the future. That can make this unfortunate result more convenient for a person.
Some judges also may order a suspended jail sentence for some or all of the jail time imposed. A suspended jail sentence means the person does not actually have to go to jail for that time. If the person commits more bad deeds within a certain period of time (usually a year) or does not complete the obligations for the present charge, then that person could go to jail for some or all of the suspended jail time.
Let’s take an example of how suspended jail time may work. In this example, a person receives a twenty day total jail sentence, with ten days suspended. The person would have an active jail sentence of ten days to serve (20- 10). Since Virginia gives two-for-one credit on misdemeanors, the person would actually go to jail for five days. If the person got in more trouble within a year or did not pay any fine or court costs, then that person may have to go to jail for an additional ten days (meaning actually five days), in addition to any penalties on any new charge.
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Fine
A fine is the most common result of a reckless driving conviction. Fines are far less onerous than jail time. They also do not cause the inconvenience of a supended driver’s license (to be discussed shortly). In this sense, a reckless driving conviction becomes a more severe speeding ticket.
The precise fine a person may face will largely depend on the facts of the case and the local judge. Some judges may have personal preferences such as imposing a certain dollar fine for every mile over the speed limit. In traffic accident cases, the fine may simply reflect the judge’s assessment of how culpable a person is in the case.
Generally fines in reckless driving cases are under $1,000. Fines over that amount usually reflect especially severe conduct, such as a very excessive speed or reckless conduct resulting in danger or harm to others or property. Nonetheless, these prices are expensive, so a person will want to know how to defend a case.
Virginia law guarantees a person at least thirty days to pay any fines and court costs imposed. If a person needs more time to pay due to personal financial issues, the person can request additional time from the judge. Since these issues arise frequently, judges typically grant a person the additional necessary time.
License suspension
Reckless driving convictions may result in a license suspension of up to six months (except in racing cased, discussed above). This punishment could cause severe inconvenience for a person by limiting the basic ability to move around the area, or drive to needed locations.
Like jail time, most reckless driving cases do not result in a license suspension. This normally only occurs in cases with more extreme facts, such as higher speed or exceptionally dangerous driving.
If a license suspension does occur, the person may petition the judge to grant a restricted license. Judges often want to see a person’s driving record before granting a restricted license. Assuming the person does not have any other exceptionally negative conduct on the record, the judge will probably grant the restricted license.
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A restricted license will allow a person to drive to and from: a primary and second job, school, medical providers for the person or family members, school for minor children, daycare for minor children, and religious worship. The person may also drive during work hours as required by an employer.
The restricted license is fairly restrictive. It does not allow a person to drive for ordinary necessary activities, such as purchasing groceries. It also does not allow for any travel for social activities.
Other Consequences
Permanent Criminal Record
Let’s remember that reckless driving is an actual crime. It’s a misdemeanor, but it’s still a crime. If the court finds you guilty of reckless driving, that conviction will remain on your record forever.
Virginia does not allow expungement of convictions. Many people think they can later seek to have a conviction removed from their records. That’s wrong. In Virginia, expungement concerns erasing records of charges where the person was not convicted. There is no provision in Virginia law for erasing convictions.
Even a pardon from the governor will not erase a conviction. A pardon goes on a person’s criminal record along with the conviction. In other words, if a person researched a criminal record after a pardon, the person would see the original conviction and then the pardon.
This issue can present a major concern for job applications. Many employers ask whether a person has ever received a misdemeanor conviction. If a person has a reckless driving conviction, then that person would have to answer in the affirmative. Some employers even ask about misdemeanor charges.
Demerit Points
Virginia keeps track of a person’s driving record with a point system. Every person starts out at 0. Persons can accumulate positive driving points of up to a +5. Traffic offenses result in negative points.
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A reckless driving conviction results in -6 demerit points. Even if you had a pristine driving record with +5 rating, you instantly go to a -1. If you are a new driver with 0 points, you go to a -6 level. That’s a fairly poor rating.
If a person receives 12 points in 12 months or 18 points in 24 months, then that person will have to complete a mandatory driver improvement course within 90 days. If the person does not complete the course within this time frame, then that person’s license will be suspended.
If a person acquires 18 points within 12 months or 24 points within 24 months, then that person will suffer a driver’s license suspension for 90 days. The person will also have to complete the driver improvement course.
Insurance Rate Increases
Having a reckless driving ticket on your record can dramatically raise your car insurance rates. The precise amount will vary from company to company. If you already have a negative record with other tickets and car accidents, you might become virtually uninsurable.
Some people do not wish to make any inquiries on this subject with their insurance company due to fear of tipping off the insurance company about the existence of the reckless ticket charge. Honestly this is not a major concern in my experience. The major insurance companies use well known legal search engines to scour the dockets for their customers’ charges. Some companies even cancel policies before trial based on their research.
According to a May 2012 article by Forbes magazine, a reckless driving conviction can raise insurance rates by up to 22 percent! This was more than even DUI/DWI conviction, which raised insurance rates by 19 percent. A simple speeding ticket going up to 29 mph over the speed limit raised rates by only 11-12 percent.
If you reside in another state, you will still probably see your insurance rates increase from a reckless driving conviction in Virginia. Most states have laws providing for the sharing of information between states. Furthermore, your insurance company will probably know about the conviction from its own research.
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This increase in insurance costs can prove significant over the long term. To illustrate, suppose you pay $1,000 per year for auto insurance. If your rates increase by 22 percent, then the next year you will pay an additional $220 dollars! This cost may prove significant for many persons over several years.
Security Clearance Issues
Many people who work for the government or work for contractors of the government require a security clearance. This is especially the case in Virginia, in light of its proximity to Washington, D.C.
Having a single reckless driving conviction will most likely not result in the loss of a security clearance. People who behave honestly about the situation at work will probably see a good result.
On the other hand, multiple reckless driving convictions could present an issue to worry about. Those conducting the security screening may see this as the person having poor judgment.
Loss of Job
People who earn their wages driving may even risk the loss of job from a reckless driving conviction. Employers will want to know that their employees are safe drivers. A reckless driving conviction could disqualify a person from employment.
People in this situation should consider discussing their case with their employer in advance of court. Prosecutors and police officers sometimes consider this situation as grounds for reducing a charge. They typically realize the person did nothing malicious in committing a traffic offense. The police and prosecutors don’t want to ruin someone’s life.
The Law
Here are some parts of Virginia law to use as a reference. You can look at this to read the law for yourself so you know about these issues.
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Virginia Code Section 18.2-11 Punishment for conviction of misdemeanor “The authorized punishments for conviction of a misdemeanor are:
(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.”
Virginia Code Section 53.1-116 (Good Time Credit for Misdemeanors)
“Unless he is serving a mandatory minimum sentence of confinement, each prisoner sentenced to 12 months or less for a misdemeanor or any combination of misdemeanors shall earn good conduct credit at the rate of one day for each one day served, including all days served while confined in jail prior to conviction and sentencing, in which the prisoner has not violated the written rules and regulations of the jail.”
Virginia Code Section 46.2-392 Suspension of license or issuance of a restricted license
“In addition to the penalties for reckless driving prescribed in § 46.2-868 and the penalties for aggressive driving prescribed in § 46.2-868.1, the court may suspend the driver's license issued to a person convicted of reckless driving or aggressive driving for a period of not less than 10 days nor more than six months and the court shall require the convicted person to surrender his license so suspended to the court where it will be disposed of in accordance with § 46.2-398.”
“The court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle during the period of suspension for any of the purposes set forth in subsection E of § 18.2-271.1. The court shall order the surrender of such person's license to operate a motor vehicle to be disposed of in accordance with the provisions of § 46.2-398 and shall forward to the Commissioner a copy of its order entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to the person who may operate a motor vehicle on the order until receipt from the Commissioner of a restricted license. A copy of such order and, after receipt thereof, the restricted
16 license shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be punished as provided in subsection C of § 46.2-301. No restricted license issued pursuant to this section shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.).”
Virginia Code Section 46.2-492 Uniform Demerit Point System
“Serious traffic offenses such as driving while intoxicated in violation of § 18.2- 266, persons under age twenty-one driving after illegally consuming alcohol in violation of § 18.2-266.1, reckless driving in violation of § 46.2-852, speeding twenty or more miles per hour above the posted speed limit, racing in violation of § 46.2-865, and other serious traffic offenses as the Commissioner may designate, shall be assigned six demerit points.”
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Chapter 3
Defending Your Case
Let’s now turn to what may be the most important topic in this book for many readers: how to win a reckless driving court case. Defending your court case obviously involves different strategies depending on which reckless driving statute is at issue.
Let’s begin with some strategies common to all cases, then we’ll focus on strategies unique to only some forms of reckless driving. We should also state here again that any individual case may involve individual strategies. The strategies put forward here are simply done so because the issues have occurred many times.
Road Must Be a “Highway”
If you look at the statutes in the reference section of Chapter 1, you’ll notice that most of them require that reckless driving occur on a “highway.” For purposes of the statute, a “highway” basically means any public road. It doesn’t necessarily have to be an actual highway as the term is typically used.
While this may seem simple, a “highway” sometimes does not encompass roads in private subdivisions or other private properties. It also would not encompass off-road activity.
That the driving occurred on a “highway” represents an element of the offense that the prosecutor must prove beyond a reasonable doubt. If the prosecutor cannot prove the road in question was a public highway, then your case may be dismissed.
You Must Be Driving
This one probably sounds really simple. To prove a case for reckless driving, the prosecutor needs to prove that you were actually driving.
When this gets to be more complex is where the police officer does not observe the person driving, which normally occurs in accident cases. The officer
18 usually shows up on the scene after the accident and has the details of the case reported to him by others.
The officer cannot testify about hearsay details reported to him by others. However, he can testify as to what a person tells him about that person’s own court case. If a person admits to driving to the officer and the officer then charges that person with reckless driving, the prosecutor will have the ability to prove this element of the case.
Let’s suppose that the person does not admit to driving and the officer does not personally observe anything. The Commonwealth may have difficulty proving someone actually drove the car, depending on the facts of the case.
Cases also arise where someone claims that a different person stole his/her identity. This may happen where a person takes a wallet or purse with permission, but then uses the ID card of the person owning the wallet or purse after pulled over for reckless driving. The officer involved may not remember what the person looked like on the day of the incident. This could mean the Commonwealth cannot prove its case.
If someone else actually drove the car and the person charged knows the identity of the driver, the person charged should use that information to obtain an acquittal. If the person charged can supply sufficient information, then that person could greatly aid having the case dismissed.
Location of Driving
Another part of any reckless driving case is that the prosecutor needs to have the ability to prove that the driving occurred in the city or county where the court sits. This is known as venue. Unlike other pieces of the case, the prosecutor does not need to prove this beyond a reasonable doubt. The prosecutor only needs to show a strong likelihood that the driving occurred there. Yet it still needs to prove this.
Typically the officer will simply testify that the person drove in the appropriate city or county. It’s straightforward. However, there are cases where the officer may not have the ability to prove this. In some cases, the driving occurs near a border and the officer may not have the ability to testify with certainty that the offense happened in a particular locality.
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If the officer cannot testify where the driving occurred, the court will likely dismiss your traffic case.
Nature of Driving
The prosecution needs to have the ability to prove how the driving that happened was reckless. The prosecution cannot guess at what happened. It needs to have evidence. If the prosecution cannot prove how the driving was reckless, then your case will be dismissed.
These principles come from a Virginia Supreme Court case called Powers v. Commonwealth, 211 Va. 386 (1970). In that case, a man drove off in a car towards a tavern. Less than a mile from where he left, his car was found in a ditch. The man was on the other side of the road in a ditch. No one else was nearby. The man was then charged and convicted of reckless driving.
The Virginia Supreme Court reversed the conviction and dismissed the case. The Court reasoned that the evidence only showed the fact of a traffic accident. It did not show how the accident occurred. The Court pointed out that multiple scenarios could have occurred that would favor the driver. The car could have malfunctioned or he may have become suddenly ill. These situations would not constitute reckless driving.
These principles commonly come up in accident cases and other non- speeding related reckless driving cases. Just because an accident occurred does not mean the driving was reckless. The prosecution has the prove the nature of the driving.
The most common way the prosecution proves reckless driving is by the defendant’s own statements. The officer can testify to whatever the person on trial says that incriminates that person. Most people know from popular culture that lawyers always tell people to not talk to the police. It’s true! What you say to the police can hurt you in court.
The prosecution will not have the ability to admit accident reports at trial. You don’t need to worry about that. The accident report is a document written by the officer based on all the information he collects. Just because he writes it down does not mean it comes into your trial.
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The basic lesson to take away from all of this is that you need to make sure the prosecution can prove exactly what happened and you don’t want to help them do that by making statements that come back to harm you.
Speeding Cases: Radar (or LIDAR or speedometer) Calibration Defense
Many reckless driving cases arise from a person simply driving too far over the speed limit. An officer typically tracks a person with radar (or laser based LIDAR or paces the person with the officer’s speedometer), then pulls the person over and issues a summons charging the person with reckless driving.
A key defense in these cases is to force the prosecution to prove that the officer’s radar (or LIDAR or police cruiser speedometer) unit was properly calibrated. The prosecution must prove this to wins its case. If the Commonwealth cannot prove a proper calibration in a speeding case, then you win. Period.
The first step is to make sure that the officer actually brought the calibration certificate to court. Normally the officer does. However, it does happen that in some cases the officer simply forgets. This could result in your case being dismissed.
It may be that the officer could forget his calibration certificate, but at the same time have it nearby and accessible for the court proceeding. If the officer does not want to go through the trouble of actually producing the certificate, you may have the ability to reach a favorable deal with the officer on this ground. This could get your charge at least reduced.
The second step in a calibration defense is to ensure that the officer either brought the original calibration certificate or a “true copy.” A true copy is basically a copy that contains a certificate from the custodian. Bringing a photocopy of the calibration certificate to court does not meet this standard. If the officer did not bring the original or a true copy, then the Commonwealth cannot prove a proper calibration and you will win your case.
The third step in a calibration defense is to make sure that the unit was calibrated within six months of the offense date. The Virginia Code requires this.
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If the unit was calibrated outside this time frame, then the prosecution cannot prove the unit worked correctly on the date of the offense.
The fourth step in a calibration defense is to ensure that the calibration certificate properly states who performed the calibration. This may seem subtle, but it represents an essential element of proof that an experienced attorney should realize.
The final step in a calibration defense is to ensure that the officer can prove that the calibration certificate produced corresponds to the unit used in tracking the vehicle’s speed. In some cases this actually represents a substantial issue. If the officer cannot link the calibration certificate to the unit he uses, then your case will be dismissed.
In all of these steps, you will need an attorney who knows how to spot errors or deficiencies in calibration certificates. These are technical defenses requiring expert knowledge.
Calibrating Your Speedometer
Many people say the reason they went so fast over the speed limit is that their speedometer did not work properly. If their speedometer had worked properly, they say, they would not have gone so fast. These people want to have their speedometers calibrated to prove that their speedometers don’t function properly.
Typically I caution people about having their speedometers calibrated. Most people think their speedometer is wrong when it’s actually functioning properly.
If you think your speedometer really is wrong, consider testing it with a GPS device. Most GPS devices show you the actual speed you travel, in addition to giving you directions. Set your GPS to a destination far enough away that you will actually get to compare your GPS speed to your speedometer speed. Then see how things compare.
Moreover, if your speedometer is off by a couple miles per hour, but you were far over the speed limit, that won’t make a difference to the judge. For instance, if you traveled at 27 mph over the speed limit, and your speedometer was
22 off by 2 mph in your favor, you were still going 25 mph over the speed limit. It’s still reckless driving.
If your speedometer actually was far off in your favor, the judge may say you should have known your speedometer was obviously wrong. Let’s say your speedometer reads 35 mph but you actually went at 70 mph. Any reasonable person should have the ability to tell the difference between these speeds. The judge may not give you any credit in this scenario. The judge may say that if you drive around with a clearly erroneous speedometer, then you assume the risk of not knowing your true speed.
Another concern with speedometer calibrations is that your speedometer may actually be off in a way that is unfriendly to you. You would not want to present that evidence to the judge since it will make you look worse. For instance, let’s say the officer said you traveled at 25 mph over the speed limit. However, your speedometer said your speed was too high and you went 27 mph over the speed limit. This makes you look more culpable.
In a borderline case, having your speedometer calibrated can be useful. The judge may be willing to give you credit for a few miles per hour, thereby reducing your speed enough to get it below reckless driving.
For instance, if your speedometer read 3 miles too slow and said you were going 78 mph, but you actually went 81 mph, the judge may be willing to reduce the speed down to 78 mph. This could make the difference between a speeding or reckless driving charge.
The last thing to remember about having your speedometer calibrated is that the judge doesn’t have to consider it if he doesn’t want to give you credit. It’s up to the judge.
In the end, having your speedometer calibrated is something that can make a difference in a borderline case. Just don’t look for it to completely get you off.
GPS Defense
Some people believe their GPS tracked their speed more accurately than the officer’s radar. It’s possible to use this defense. You just need to make sure you have the proof.
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Remember from what we discussed above that the officer will have a calibration certificate showing that his radar worked. You need to have comparable evidence to counteract that.
To use a GPS defense, you should be prepared to show (1) the GPS speed reading at the time that the officer tracked you and (2) proof that the speed reading on the GPS was accurate.
Few people take the time to record in some way the speed reading on the GPS at the time of the incident. The judge will not consider your recollection sufficient to overcome the officer’s evidence. You’ll need some sort of actual evidence, such as the recording from the GPS or a photo of it.
Then you’ll need to prove that your GPS accurately measures speed. One way to do this is to have your speedometer calibrated. Then you can take a video holding your GPS next to your speedometer. If the speeds match, that shows the GPS speed is accurate.
The Law
Below are the texts of two Virginia Code sections showing that radar devices may be used and that certificates of calibration may be admitted as evidence.
Virginia Code Section 46.2-882 Determining speed with various devices; certificate as to accuracy of device
“The speed of any motor vehicle may be determined by the use of (i) a laser speed determination device, (ii) radar, (iii) a microcomputer device that is physically connected to an odometer cable and both measures and records distance traveled and elapsed time to determine the average speed of a motor vehicle, or (iv) a microcomputer device that is located aboard an airplane or helicopter and measures and records distance traveled and elapsed time to determine the average speed of a motor vehicle being operated on highways within the Interstate System of highways as defined in § 33.2-100. The results of such determinations shall be accepted as prima facie evidence of the speed of such motor vehicle in any court or legal proceeding where the speed of the motor vehicle is at issue.
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In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (i) the speedometer of any vehicle, (ii) any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any laser speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months.
Virginia Code Section 8.01-391 Copies of originals as evidence
“B. If any department, division, institution, agency, board, or commission of this Commonwealth, of another state or country, or of the United States, or of any political subdivision or agency of the same, acting pursuant to the law of the respective jurisdiction or other proper authority, has copied any record made in the performance of its official duties, such copy shall be as admissible into evidence as the original, whether the original is in existence or not, provided that such copy is authenticated as a true copy either by the custodian of said record or by the person to whom said custodian reports, if they are different, and is accompanied by a certificate that such person does in fact have the custody.”
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Chapter 4
Mythical Defenses (Don’t Try These!)
We just examined a number of ways to defend your reckless driving case. In this chapter, we’ll consider ways not to defend your case.
Any lawyer who practices traffic law hears the same supposed defenses many times. There are many common misperceptions about traffic law. They probably come from popular culture or from some of these mythical defenses occasionally actually succeeding. They may also stem from the notion that these defenses succeed more often in other states.
Mythical Defense 1: The Officer Won’t Come to Court
The officer is going to come to court. Going to court is a core part of his position. It’s as normal for him as showing up for work in the morning for you.
Moreover, the officer is a professionally trained witness. Officers are taught how to testify as part of their training. They receive that training because it’s anticipated they will often need to appear in court.
Most officers have one day per month when they appear in court. That day is known well in advance by the officer and by the court. If you call the court clerk’s office, one of the clerks will be happy to inform you of the officer’s court schedule. Going to court like this enables the officers to coordinate their duties of being an officer with the requirements of coming to court.
Occasionally a situation arises which prevents an officer from making the court date. Those situations usually involve the officer performing duties as an officer. That means responding to an emergency or other public safety situation. That’s also part of the officer’s job. When this happens, the court will likely not dismiss your charge. The court is not going to penalize the officer for protecting the public. Instead, the court will continue the case to the officer’s next date. The court will probably also continue the case where an officer calls the court to say he’s sick. Everyone gets sick.
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In some smaller jurisdictions, a state trooper may actually have hearings scheduled in two courts on the same day. That may prevent the officer from coming to court if the hearings in the first court take a significant amount of time. In that situation, it is possible the judge may dismiss your charge. Typically the judge will give the trooper as long as possible to come to court. If he never comes, the judge may dismiss the charge. It’s also possible he will continue it. Note this only applies to state troopers. City or county officers will only go to court in their jurisdiction.
Mythical Defense 2: Why Me?
Just sit around in traffic court on a random day and you’ll probably hear this defense. Someone comes into court upset that the officer chose to stop that person instead of the myriad other people speeding. Some people even ask the officer questions during the trial as to why the officer chose to stop that person instead of someone else.
This is not a defense. The officer cannot possibly stop everyone on the road. The officer stops persons who break the law and issues summonses to those people. By stopping some people, the law is upheld and other take notice that the officers enforce the law.
It would not be desirable for everyone who speeds to be stopped by officers. Imagine the hordes of officers that would require. Furthermore, people would drive around terrified that the officers would stop them for any misstep. That’s not what anyone wants.
If you get stopped, you may have gotten unlucky. Sadly, that’s just the way life can be sometimes. Accept it and focus on defenses that may succeed.
Mythical Defense 3: Going with the Flow of Traffic
This is similar to the why me defense, but stated slightly differently. Many people come into court and say they simply went with the flow of traffic. In fact, it would have been dangerous to go slower.
It’s definitely true that the majority of people on the roads break the speed limit. Yet that’s not an excuse. It just shows that everyone is breaking the law and
27 the officer has lots of people to choose from when selecting who to pull over. The fact that many people may disobey the law doesn’t change what the law is.
People in this situation often aren’t actually going with the flow of traffic if they’re honest with themselves. It’s possible to speed fast. That doesn’t mean everyone else is doing it to the same level. Everyone else is speeding, sure. That doesn’t mean that everyone else travels at 20-30 mph over the speed limit. Raising this defense when traveling that fast can reflect poorly on the person in that the person thinks that fast is normal.
Mythical Defense 4: The Officer Tracked a Different Car
Some people come to court claiming they actually drove the speed limit and that the officer’s radar picked up a different car traveling fast.
This could represent a valid argument, but the problem is that it’s very difficult to win. The officer will come to court and testify that he operated his radar and tracked you. The officer will testify with certainty that he knows it was you. The judge will consider that sufficient evidence. Then you’re left trying to show the opposite.
In order to prove this argument, you’ll probably need the testimony of at least one other witness (and possibly more) that your car did not go as fast as the officer claimed. It would help if the other witness was not your spouse, child, or other relative. You may most often have relatives in the car with you, but the judge may also see those persons as biased.
Most of the time the only evidence is the testimony of the driver versus the testimony of the officer. The judge will believe the officer in this situation.
If you want to make this argument, you need to be aware of how difficult it is to succeed.
Mythical Defense 5: My Car Is Incapable of Traveling That Fast
This will be a tough one to sell. These people come to court and claim their car is physically incapable of traveling as fast as the officer claims.
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The officer will testify he had his radar or speedometer working and tracked you going a certain speed. He will testify under oath he is certain it was your car. You will then have the difficult task of convincing the judge the officer erred since your car cannot go that fast.
If you can prove this defense, then you will win your case. Your testimony will not be sufficient. Moreover, the testimony of other lay witnesses will also not help with this defense. That’s because testimony about your car’s abilities is not testimony about the events that happened, but rather testimony about the mechanical abilities of your vehicle.
In order to succeed with this defense, you will need the assistance of an expert witness. That probably will involve a mechanic who will testify that based upon his knowledge of cars and after having examined your car, he knows that your car cannot go that fast. Expert witnesses are expensive. You will probably spend more on expert witness fees than on attorney fees. Most people are not willing to spend that much money on a traffic case.
Mythical Defense 6: Going to an Important Family Even, Child’s Activity, Had to Use the Bathroom, etc.
Other people claim that going to an important family event, or even needing to urinate, justifies that person in speeding. Let me assure you that is not the case. Even if your child has a baseball game, you still need to obey the traffic laws. Raising this defense may make the judge smirk, or roll his eyes (depending on how his day is going), but it will not win your case.
If you have a very serious reason for speeding, such as rushing to the hospital to care for a seriously ill relative who needs your presence, that may represent a defense. The judge and the prosecutor are people too and understand grave family needs. In that situation, you should be prepared to have a witness come to court to verify the situation, or otherwise produce documentation about it. As much as people care, they also do not want people to claim such a serious situation just to get out of a charge.
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The Law
Since this chapter was about what not to do, we don’t have any laws to provide you as a reference. This section will return in the next chapter.
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Chapter 5
Reducing the Charge Below Reckless Driving
In this chapter, we’ll examine how we might reduce your charge below reckless driving in the event we can’t have you found completely not guilty.
Even if the Commonwealth can prove your fault in errant driving, that doesn’t mean you must be found guilty of reckless driving. You have options. In fact, you have multiple options.
Your options certainly vary based on the facts of each case. You may want to consult with an attorney to determine the best strategy in your case.
Let’s begin by looking at the most common ways to reduce the charge below reckless driving.
Agreement with the officer
In traffic court, officers have substantial power. In many courts, the officer acts as the prosecutor. In that case, reaching an agreement with the officer counts as a plea bargain. The judge will usually accept whatever you and the officer agree.
The officer does not act as the prosecutor in all courts. In that case, the prosecutor will still need to consent to an agreement. However, it’s a great asset to have the officer on your side when negotiating with the prosecutor. The officer will probably be present for any negotiations. Prosecutors actually sometimes look at the officers and ask “What should I do?” In other words, having the officer on your side can prove really important.
It’s also important to note that most prosecutors see themselves as collaborators in crime fighting with the officers. The prosecutors want their officers to be on their side too. Obviously, the officers work for the Commonwealth and will always help the Commonwealth. Yet the prosecutors want the officers to know that the officers’ opinions are valued. It creates a more healthy environment for them all.
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The officer also usually acts as the chief witness in the case. Some cases have other witnesses come to court, but in most cases only the officer appears. The officer knows the case better than anyone else speaking for the Commonwealth since the officer appeared on the scene. In that case, it only makes sense that the court and the prosecutor would regard his opinion with great weight.
Improper Driving
The most common charge to reduce reckless driving to is improper driving. Improper driving basically means your conduct was negligent to some degree, but it does not rise to the level to warrant an actual misdemeanor conviction.
Improper driving is a civil infraction, not a crime. It goes on your traffic record, but not on your criminal record. It’s only a -3 point offense, compared to a -6 point offense for reckless driving offense. There’s no risk of jail time.
The officer is not allowed to charge you with improper driving. Many people ask why the officer didn’t charge improper driving if the officer thought improper driving better fit the offense. That’s why. Some officers even write improper driving below reckless driving on a summons to indicate they think the charge should be reduced in court. You may only receive improper driving through an agreement with the prosecutor or by the court reducing the charge to improper driving.
The judge and the prosecutor often consider your past driving record an important factor in determining whether to reduce a charge to improper driving. If you have a great driving record, with a +5 points total, and no offenses for the past decade, then most judges and prosecutors will easily bend to reduce the charge. They’ll see this incident as a blip on a bright screen. On the other hand, if you have a negative driving record, they might prove more reluctant. This may especially be the case if you had another reckless driving charge recently reduced to improper driving.
Speeding
In cases where reckless driving occurred from speeding too fast, another common way to reduce the charge is to knock it down to speeding. For instance, if you went 25 mph over the speed limit, the judge may agree to reduce the speed to
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19 mph over the speed limit. This would reduce the speed below the reckless driving level.
Driving 10-19 mph over the speed limit is a -4 point traffic offense. Going 1-9 mph over the speed limit only carries -3 points. It’s also possible to be charged with speeding 20 mph or more over the speed limit instead of reckless driving. This speeding charge carries the same -6 points as reckless driving, but has the benefit of only being a civil infraction instead of a criminal misdemeanor. It’s not an ideal result, but the judge or the prosecutor may agree to amend the charge to avoid giving you the criminal conviction.
Failure to Obey a Highway Sign
This is another common charge that basically says you disobeyed a traffic law. It’s also a simple traffic infraction rather than a criminal conviction.
Interestingly, there’s actually a failure to obey a highway sign that talks about sleeping on the side of the road. This is a non-moving infraction that carries zero points. Some judges are willing to reduce a reckless driving charge to this where you have an especially good driving record.
Driver Improvement Course
Many judges are willing to order people to complete driver improvement courses in exchange for reducing the charge. The course is an 8-hour class that usually may be completed online. There are many online courses approved by DMV to satisfy this requirement.
If you know the policies of your local court, you may consider completing the course in advance of court. You could then hand in the certificate of completion at court, have the charge reduced, and not have to worry about any further requirements.
Doing a drive improvement clinic requires that the judge have the willingness to accept it as mitigation for the offense. The judge has no obligation to reduce a charge based on this. In Fairfax, the judges have agreed to a policy whereby they do not accept driver improvement courses. In Fredericksburg City, the judge will only allow people under a certain age complete driver improvement
33 courses to reduce the charge. Even there, he requires a certain course, not just any course. If you complete a driver improvement course in advance and the judge does not accept it, you may end up wasting time.
In more serious cases, the judge may order you to complete a Reckless Aggressive course, in addition to a normal driver improvement clinic. The Reckless Aggressive course if for people considered by the court to have serious driving deficiencies.
You also always have the option to complete driving school voluntarily in order provide yourself with positive driving points. Voluntary driving school gives a person +5 driving points added to their record. Typically driving school done in exchange for reducing a charge does not give a person any extra points.
Community Service
Lastly, some judges consider community service as a reason to reduce a charge. This is more rare and usually only applies to more serious offenders.
If the judge orders you to complete community service, be sure to comply with the judge’s requirements. Some judges may allow you to complete the community service at any charitable organization of your choice. Other judges may order you to complete the community service through the probation office. You want to be very careful to comply with the court’s order in order to obtain favorable results.
The Law
Below are the Virginia Code sections that deal with potentially reducing your charge, as discussed above.
Virginia Code Section 46.2-869 Improper driving; penalty
“Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a
34 charge of reckless driving to improper driving at any time prior to the court's decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.”
Virginia Code Section 46.2-870 Maximum speed limits generally
“Except as otherwise provided in this article, the maximum speed limit shall be 55 miles per hour on interstate highways or other limited access highways with divided roadways, nonlimited access highways having four or more lanes, and all state primary highways.
The maximum speed limit on all other highways shall be 55 miles per hour if the vehicle is a passenger motor vehicle, bus, pickup or panel truck, or a motorcycle, but 45 miles per hour on such highways if the vehicle is a truck, tractor truck, or combination of vehicles designed to transport property, or is a motor vehicle being used to tow a vehicle designed for self-propulsion, or a house trailer.
Notwithstanding the foregoing provisions of this section, the maximum speed limit shall be 70 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data, on: (i) interstate highways, (ii) multilane, divided, limited access highways, and (iii) high-occupancy vehicle lanes if such lanes are physically separated from regular travel lanes. The maximum speed limit shall be 60 miles per hour where indicated by lawfully placed signs, erected subsequent to a traffic engineering study and analysis of available and appropriate accident and law-enforcement data, on U.S. Route 23, U.S. Route 29, U.S. Route 58, U.S. Alternate Route 58, U.S. Route 360, U.S. Route 460, and on U.S. Route 17 between the Town of Port Royal and Saluda where they are nonlimited access, multilane, divided highways.”
Virginia Code Section 46.2-830 Uniform traffic control devices on highways; drivers to obey traffic control devices; enforcement of section
“The Commissioner of Highways may classify, designate, and mark state highways and provide a uniform system of traffic control devices for such highways under the jurisdiction of the Commonwealth. Such system of traffic control devices shall correlate with and, so far as possible, conform to the system adopted in other states.
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All drivers of vehicles shall obey lawfully erected traffic control devices.
No provision of this section relating to the prohibition of disobeying traffic control devices or violating local traffic control devices shall be enforced against an alleged violator if, at the time and place of the alleged violation, any such traffic control device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.”
Virginia Code Section 46.2-830.1 Failure to obey highway sign where driver sleeping or resting
“Upon the trial of a person charged with failure to obey a highway sign in violation of § 46.2-830 where the court finds that the violation resulted from the vehicle having been parked or stopped by the driver on the shoulder or other portion of the highway not ordinarily used for vehicular traffic in order for the driver to sleep or rest, the court may, in lieu of convicting under § 46.2-830, find the driver guilty of violating this section, which shall be a lesser-included offense of § 46.2-830. No demerit points shall be assigned pursuant to the Uniform Demerit Point System for convictions pursuant to this section.
Virginia Code Section 46.2-505 Court may direct defendant to attend driver improvement clinic
A. Any circuit or general district court or juvenile court of the Commonwealth, or any federal court, charged with the duty of hearing traffic cases for offenses committed in violation of any law of the Commonwealth, or any valid local ordinance, or any federal law regulating the movement or operation of a motor vehicle, may require any person found guilty, or in the case of a juvenile found not innocent, of a violation of any state law, local ordinance, or federal law, to attend a driver improvement clinic or a mature driver motor vehicle crash prevention course as provided for in § 38.2-2217. The attendance requirement may be in lieu of or in addition to the penalties prescribed by § 46.2-113, the ordinance, or federal law. The court shall determine if a person is to receive safe driving points upon satisfactory completion of a driver improvement clinic conducted by the Department or by any business, organization, governmental entity or individual certified by the Department to provide driver improvement clinic instruction. In the
36 absence of such notification, no safe driving points shall be awarded by the Department.
B. Notwithstanding the provisions of subsection A, no court shall, as a result of a person's attendance at a driver improvement clinic or a mature driver motor vehicle crash prevention course, reduce, dismiss, or defer the conviction of a person charged with any offense committed while operating a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.) or any holder of a commercial driver's license charged with any offense committed while operating a noncommercial motor vehicle.
C. Persons required by the court to attend a driver improvement clinic or a mature driver motor vehicle crash prevention course shall notify the court if the driver improvement clinic or mature driver motor vehicle crash prevention course has or has not been attended and satisfactorily completed, in compliance with the court order. Failure of the person to attend and satisfactorily complete a driver improvement clinic or mature driver motor vehicle crash prevention course, in compliance with the court order, may be punished as contempt of such court.
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Chapter 6
What Happens at Court?
We’ll now discuss the very important topic of how all this knowledge we’ve been talking about during this book will be applied during a court proceeding.
To many people, court is intimidating. It doesn’t need to be. By reading this book so far, you know the law. By reading this chapter, you’ll know the process of what’s about to happen.
Will You Have an Arraignment?
In response to that question, you might ask: what’s an arraignment?
An arraignment is a short court proceeding where you are advised of the charge against you and asked what you intend to do about hiring an attorney. Arraignment will be held in either General District Court or Juvenile and Domestic Relations Court (for juveniles). This is the same court that will decide the case.
When the judge asks if you want to hire a lawyer, you have three options:
Tell the judge you want to represent yourself Tell the judge you want to hire an attorney Ask the judge to appoint an attorney to represent you.
If you tell the judge you want to represent yourself, the judge will either proceed immediately to the trial or set a trial date. If you tell the judge you want to hire an attorney (but haven’t hired one yet), the judge will set a trial date and give you a chance to hire an attorney. If you come back to court again without having hired an attorney, you may be required to represent yourself at trial.
If you ask the judge to appoint an attorney to represent you, then you’ll have to meet certain requirements.
The prosecution will have to ask for a potential jail sentence You will have to be indigent (poor), as the government defines that. If you’re poor by ordinary standards, but not poor by the
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government’s standards, then the court will not appoint an attorney.
The Commonwealth rarely asks for a jail sentence in reckless driving cases. Your case will probably need to involve significant aggravating factors, such as a very high speed or injury to others, for the Commonwealth to seek jail.
But let’s go back to the original question: will you have an arraignment at all?
In many jurisdictions, the court does not conduct an arraignment for reckless driving cases. The officer names a court date when issuing the summons. That is probably going to be the trial date. When you come to court for trial, you can ask to continue the case to get an attorney, but the default rule will be that the first date is the trial date.
If you’re wondering whether you will have an arraignment, you can probably find out in one of four easy steps.
Call the clerk’s office Check the courts website at www.courts.state.va.us Check to see if your summons states whether the court date is an arraignment or a trial Call an attorney, who may be able to know based on the time your case is scheduled
Do You Need to Appear For Court?
The next step is the trial in your case. If you look on the courts website and you see your case is having an “adjudicatory” hearing, that means the trial.
Persons having reckless driving charges need to appear for trial. You may not pre-pay this offense online, as is common with many other traffic infractions. That’s because reckless driving does not represent a traffic infraction. It’s an actual crime. This also means it’s treated more seriously.
If you look on the summons the police officer gave you, it will contain a box regarding your ability to skip a court appearance. That box will not be checked. In
39 fact, some officers scratch lines through those this section to more clearly indicate that you must appear in court.
Many jurisdictions allow attorneys to appear in place of clients, depending on the nature of the charge. This means that if the person hires an attorney, then the person does not need to appear in court. Only the attorney will need to appear. Reckless driving at very excessive speeds, such as 30 mph or more over the speed limit or over 90 mph, usually will require a court appearance. A person may also have to appear in court in cases of very reckless driving conduct.
You will want to check with an attorney to determine whether skipping a personal appearance is possible or advisable. Some cases are so routine that an attorney may easily handle the case by himself.
In other cases, even though an attorney may appear on behalf of a person, the judge may regard the person as not treating the case seriously if the person does not appear. That may mean that person receives less favorable treatment than if he had appeared. This is likely to be the case where a person has a negative driving history of where the conduct is more serious than most cases.
Where Do I Go?
Your case will be heard in either General District Court or Juvenile and Domestic Relations Court (for juveniles). If you had an arraignment, this will be the same court.
Arrive on Time
It is very important that you arrive to court on time. Judges take timeliness very seriously.
If you hired an attorney, then the attorney will have done something called noting his appearance with the court. This means the court knows you have an attorney. If you attorney is delayed by traffic or illness, the court will not call the case without him. The attorney can also ask the court to delay calling your case in the event you arrive late.
If you have not hired an attorney and you do not arrive on time, the court may call your case without you present. If the Commonwealth does not seek jail time (and it usually does not), then the judge may conduct a trial in your absence.
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The trial may consist of as little as the judge asking the officer if the offense was committed. The officer will answer yes and the judge will then find you guilty and impose a fine.
If the judge finds you guilty in your absence and you arrive late, you may ask the court to re-open your case. However, these motions are frequently denied. Judges often simply inform you that you may appeal the case (appeal discussed later). Moreover, you may need to file a motion to re-hear, then come back on another date, only to have the judge say the court will not re-hear the case.
Wear Appropriate Clothing
Every person having a criminal charge should understand the importance of wearing appropriate clothing in court. Court is a professional setting dealing with serious subjects. The attorneys will wear suits. The judge will also wear professional attire under a black robe.
In spite of this, numerous people appear in court every day who do not wear clothes appropriate to the setting. Your clothes are a reflection of how serious you take the proceedings. If you wear clothing fit for a casual party at a friend’s house, the judge may consider that you do not regard the proceedings with appropriate care. This then undermines your likelihood to follow the court’s directions and your likelihood to get a good result.
Wearing nice clothes takes very little effort and significantly increases the chances of a positive outcome. It should definitely be done.
Pre-Trial Activities the Day of Court
If you have hired an attorney, then you should find your attorney and check in with him before court begins. The attorney will then probably tell you to wait in the courtroom while the attorney speaks with the officer and the prosecutor (if there is a prosecutor).
The attorney will gather the facts of your case from the officer and may seek to reach an agreement with the prosecutor. The details of this topic have been previously covered.
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Trial
If you reach an agreement with the prosecutor, then there will not be a trial. The court will be informed of the agreement and the court will enter the agreement as an order. You probably will not need to say anything. If you do need to say anything, you probably will just say that you understand the result and plead guilty or no contest. This will end the case.
If you do not reach an agreement with the Commonwealth, then the court will hold a trial. The first step in a trial is to ask you your plea. You have three options for your plea:
Guilty No contest Not guilty
If you plead guilty, the judge may proceed directly to sentencing. If you wish to present favorable evidence for sentencing, you should tell the judge at this time to make sure he hears the evidence. You should also inform the judge if you wish to receive a reduced charge or a reduced sentence. At this point the judge may have a willingness to consider evidence such as a positive driving record or other mitigating factors.
By statute, a plea of no contest is a plea of guilty. At common law, a plea of no contest had different implications in the civil law sphere. All distinctions have been abolished in Virginia.
If you plead not guilty, then the court will hold a trial.
The trial begins with the testimony of the officer. The prosecution has the burden of proof, so it goes first. If the prosecutor is not involved in the case, then the officer will simply recite a narrative of facts to the judge. You can object to any testimony if a legal ground for objection exists, but most likely the officer will have the opportunity to tell his side of the story. If the prosecutor is involved in the case, then the prosecutor will probably ask the officer questions that will relate the events that happened.
Once the prosecution finishes its case, you may make a motion to strike the evidence. A motion to strike basically says the prosecution has failed to prove the necessary evidence. If the prosecution has forgotten to prove something, then the
42 judge should toss out the case. In reality, when this happens, the judge often allows the prosecution to present more evidence to remedy the error.
You will then have the opportunity to testify or to present the testimony of any witnesses.
It’s important for defense witnesses to know how to testify. You should go over this with your attorney before the trial. Be sure to testify only about the facts of the case. Once you start to veer off point, then you lose the judge’s attention. You need to keep the judge interested. Keep in mind the judge is busy and has other cases to hear.
After all the evidence is presented, you will once again have the opportunity to present a motion to strike to the judge.
The judge will then issue a ruling in the case. The judge has three options:
Guilty Not Guilty Deferred Disposition
The first option is simple. The judge finds you guilty of the charge and pronounces a sentence. The second option is also simple. The judge finds you not guilty, thereby ending the case.
The third option is slightly complex. The judge may find facts sufficient to find you guilty, but not actually find you guilty. The judge may withhold an actual finding of guilty based on certain conditions you need to fulfill, or based on your good behavior. If you comply with the conditions, the charge may be reduced or dismissed later.
A deferred disposition is also what happens when the judge allows a person to complete a reckless driving class in exchange for a reduced charge. The charge is held by the court until proof of the class is completed. Once the person submits proof, then the court reduces the charge. If the person does not submit proof, then the court finds the person guilty of the original charge.
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Sentences Imposed By Court
This section concerns what happens if the judge finds you guilty of reckless driving and imposes a punishment. Your attorney needs to know how to respond to these situations to best defend your interests.
If the judge imposes a fine, you have at least 30 days by law to pay the fine. If you do not pay the fine, then your driver’s license will be suspended. Your attorney may request additional time from the court to pay. These motions are routinely granted, although the court may charge additional money for the delay. You also have the option to find a payment plan with the clerk’s office. Scheduling a payment plan will allow you to keep your license from being suspended.
Where the judge suspends your license, the suspension typically takes effect immediately. The court requires that you turn in your license to the clerk at that time. If the judge grants you a restricted license, some courts issue the restricted license immediately. Others make you come back at a future date. We have the option to ask the judge to allow the suspension to not take effect until you get home. Judges often permit this.
Importantly, if you have a restricted license granted by the judge, you must pay all your fines and costs before the court will issue the restricted license. Otherwise, your license will still be suspended, but you will not be able to drive.
If the judge sentences you to jail, typically you are taken into custody immediately. We have the option to ask the judge to permit you to serve weekends or to begin serving your sentence at a later date. However, the judge does not have to grant this motion.
All of these sentences are voided if you appeal. Appeal to the circuit court is covered in the next chapter.
The Law
Virginia Code Section 19.2-254 Arraignment; pleas
“Arraignment shall be conducted in open court. It shall consist of reading to the accused the charge on which he will be tried and calling on him to plead thereto. In
44 a felony case, arraignment is not necessary when waived by the accused. In a misdemeanor case, arraignment is not necessary when waived by the accused or his counsel, or when the accused fails to appear. An accused may plead not guilty, guilty or nolo contendere. The court may refuse to accept a plea of guilty to any lesser offense included in the charge upon which the accused is arraigned; but, in misdemeanor and felony cases the court shall not refuse to accept a plea of nolo contendere.”
Virginia Code Section 19.2-254.1 Procedure in traffic infraction cases
“In a traffic infraction case, as defined in § 46.2-100, involving an offense included in the uniform fine schedule established pursuant to § 16.1-69.40:1, a defendant may elect to enter a written appearance and waive court hearing, except in instances in which property damage or personal injury resulted. Arraignment is not necessary when waived by the accused or his counsel, when the accused fails to appear, or when such written appearance has been elected.
An accused may plead not guilty, guilty, or nolo contendere; and the court shall not refuse to accept a plea of nolo contendere. A plea of guilty may be entered in writing without court appearance. When an accused tenders payment without executing a written waiver of court hearing and entry of guilty plea, such tender of payment shall itself be deemed a waiver of court hearing and entry of guilty plea.”
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Chapter 7
Should I Appeal My Case?
If you’re found guilty, you may wonder what rights you have. Fortunately, in Virginia you have substantial rights to appeal the case.
In Virginia, you have the right to appeal de novo from General District Court or Juvenile and Domestic Relations Court (for juveniles) to circuit court. What does this mean?
You will receive a brand new trial, from scratch, in circuit court. You will have a different courtroom and a different judge. You will not be required to pay any fines or court costs pending appeal You will keep your driver’s license pending appeal, if your license was suspended You will not go to jail pending appeal if there was a jail sentence, although an appeal bond may be necessary in some cases
You must file your appeal within 10 days of the trial date. This means calendar days, not business days. If the last day falls on a weekend, then you have until the next business day. To be safe, I always recommend people plan to file one day early. If you do not file within the required time, your conviction becomes final and your ability to appeal is forever extinguished. The court clerk’s office has forms to allow you to easily note your appeal. You simply file the forms with the clerk’s office.
The clerk’s office will give you a new date to appear in circuit court. Be sure to appear on this date. If you do not appear on the scheduled date, you may get a new failure to appear charge. This will be a second charge to deal with, in addition to the first charge.
If you appeal and change your mind, you may withdraw your appeal within the same 10 day window after trial. Simply go to the clerk’s office and tell them you wish to withdraw your appeal. They will quickly process it for you.
In circuit court, you will have the option to choose between a judge trial or a jury trial. In a judge trial, a different judge will hear the case again. The judge will
46 make the decision on guilt or innocence. If you are found guilty, the judge will determine sentence. In a jury trial, the jury makes the decision on guilt or innocence. The jury’s verdict has to be unanimous. If the jury finds you guilty, the jury also recommends a sentence to the judge.
Jury trials carry major risks for persons in reckless driving cases. This is because of the jury’s power to sentence in the event of a guilty verdict. The jury does not know the decision in the lower court. The jury does not know the “normal” punishment for reckless driving. The jury is simply told the minimum and maximum punishments and asked to choose something.
The jury could sentence you to a potentially lengthy jail sentence. If the jury does this, the judge will almost certainly impose it. Moreover, you will have to pay heavy court costs for the jury.
You could end up with a worse result in circuit court! That’s right, you could appeal hoping for a better result, and end up with a worse verdict. This is something to strongly consider before appealing.
If you decide you do not want to appeal after all, but after 10 days has elapsed from the original trial, you may still withdraw your appeal in circuit court. In that case, you will have to pay additional court costs for circuit court. However, you may have the original judgment reinstated.
In short, appealing carries risks and benefits. You could win your case. You could end up with nothing on your record and no other consequences. However, appealing could also leave you with a worse result. These are considerations you should discuss with your attorney.
The Law
Virginia Code Section 16.1-132 Right of appeal
“Any person convicted in a district court of an offense not felonious shall have the right, at any time within ten days from such conviction, and whether or not such conviction was upon a plea of guilty, to appeal to the circuit court. There shall also be an appeal of right from any order or judgment of a district court forfeiting any recognizance or revoking any suspension of sentence.”
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Virginia Code Section 16.1-133 Withdrawal of appeal
“Notwithstanding the provisions of § 16.1-135, any person convicted in a general district court, a juvenile and domestic relations district court, or a court of limited jurisdiction of an offense not felonious may, at any time before the appeal is heard, withdraw an appeal which has been noted, pay the fine and costs to such court, and serve any sentence which has been imposed.
A person withdrawing an appeal shall give written notice of withdrawal to the court and counsel for the prosecution prior to the hearing date of the appeal. If the appeal is withdrawn more than ten days after conviction, the circuit court shall forthwith enter an order affirming the judgment of the lower court and the clerk shall tax the costs as provided by statute. Fines and costs shall be collected by the circuit court, and all papers shall be retained in the circuit court clerk's office. Where the withdrawal is within ten days after conviction, no additional costs shall be charged, and the judgment of the lower court shall be imposed without further action of the circuit court.”
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Chapter 8 Should I Hire An Attorney?
After all of this, you may still be wondering: should I hire an attorney for this case? Let’s discuss.
If you have a reckless driving charge, you will probably receive numerous advertisements from attorneys. Some of them may use scare tactics to try to convince you to hire them. That’s not right. I never do that, nor have I done that in this book.
The risk in a reckless driving case is limited. For most people, jail time is not an option. Most people will not get their license suspended. The most at risk for the majority of people is a criminal conviction and a fine.
An attorney can help with these serious risks. Here are some reasons you should consider hiring an attorney.
A criminal conviction is a serious matter. Most people will not want to have a conviction on their records for the rest of their lives. An attorney can examine the evidence for you to make sure the prosecution has the ability to prove its case. The attorney can also raise any legal defenses you may have. Numerous people say they feel no need to hire an attorney because they know they are guilty. Just because a person is guilty does not mean the person has to be found guilty. The Commonwealth still has to prove its case. Many persons who are actually guilty are found not guilty because the prosecution cannot prove its case. An attorney can negotiate a better plea bargain than you may be able to get yourself. Even if you cannot be entirely exonerated, the attorney can arrange a favorable solution for you. Attorneys know the legal system. Non-attorneys do not know the legal system. If a non-attorney represents himself, that person is most likely throwing himself on the mercy of the court. That’s not a good situation. Attorneys in reckless driving cases are affordable. Your case is not a major felony that could bankrupt someone. It may be worth it hire an attorney in light of the benefits versus the small cost.
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An attorney can provide you with the peace of mind that your case is receiving all possible defenses. You can have the security of knowing that your rights had a defense. In some cases, an attorney can go to court for you, eliminating the need for you to ever appear.
Most attorneys who handle reckless driving cases offer free consultations. You are able to call them up and receive a frank assessment of your case. There is no harm to you in doing this besides a quick phone conversation with a licensed attorney.
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Appendix
Below are some forms you may encounter in reckless driving cases.
Application for Restricted Driver License
APPLICATION FOR RESTRICTED DRIVER’S LICENSE Case No...... Commonwealth of Virginia [ ] General District Court ...... [ ] Juvenile & Domestic Relations District Court CITY/COUNTY ...... DEFENDANT DRIVER’S LICENSE NUMBER STATE ...... ADDRESSDATE OF BIRTH ...... CITYSTATEZIPDATE OF OFFENSE ...... TELEPHONE NUMBERMy driver’s license has been suspended or denied (Court use only) APPROVED for an offense which makes me eligible for a restricted driver’s license; therefore, I request that the court grant a restricted driver’s license for travel to and from the following locations for the following purpose(s): (a) [ ] Travel to and from primary job [ ] YES [ ] NO Name and Location of Employer: ...... Days of Week: ...... Leave Home: ...... Arrive at Work: ...... Leave Work: ...... Arrive at Home: ...... [ ] Travel to and from secondary job [ ] YES [ ] NO Name and Location of Employer: ...... Days of Week: ...... Leave Home: ...... Arrive at Work: ...... Leave Work: ...... Arrive at Home: ...... (b) [ ] Travel to and from VASAP [ ] YES [ ] NO (c) [ ] Travel during work hours only as required by my employer: [ ] YES [ ] NO Hours of required travel: ......
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...... Written verification must be carried [ ] YES [ ] NO (d) [ ] Travel to and from school [ ] YES [ ] NO Name and Location of school: ...... Days of Week: ...... Leave Home: ...... Arrive at School: ...... Leave School: ...... Arrive at Home: ...... (e) [ ] Medically necessary travel for: [ ] me [ ] my elderly parent [ ] YES [ ] NO [ ] a person residing in my household ...... If for elderly parent or another person: Medical provider name: ...... Location: ...... (f-1) Ignition Interlock on any motor vehicle that you operate, if [ ] YES [ ] NO required. [ ] and on each motor vehicle owned by or registered to person (f-2) [ ] Travel to and from the facility that installed or monitors the ignition [ ] YES [ ] NO interlock in the vehicle(s), if ignition interlock is ordered. (g-1) [ ] Necessary travel to transport a minor child(ren), who is/are [ ] YES [ ] NO under my care, to and from his/her/their school. Name and Location of School: ...... Dates and Times: ...... (g-2) [ ] Necessary travel to transport a minor child(ren), who is/are [ ] YES [ ] NO under my care, to and from day care Name and Location of Day Care Provider: ...... Dates and Times: ...... (g-3) [ ] Necessary travel to transport a minor child(ren), who is/are [ ] YES [ ] NO under my care, to and from medical providers Name and Location of Medical Provider: ...... Dates and Times: ......
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Request for Witness Subpoena
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Subpoena Duces Tecum (For Documents or Video)
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What to Do Now? If you have a reckless driving ticket in Virginia, please feel free to give me a call to discuss it. We offer a free consultation and rates are very reasonable. Office: (703) 273-3900 Cell: (304) 280-9946 [email protected]
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