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. 1 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.