[stressdoc]

Interesting discussion. I certainly agree with 333sp's assessment of the USA driving situation. Madness: cell phones, McDonald's, drunks, untrained teenage drivers, incompetent civil traffic engineering, ... I feel much safer at 250 kph on an autobahn.

To the point. Here is what I would do: call the prosecutor's office and ask the clerk. Your wife should explain that she had a good driving record, and this was an aberration. Most POs have some pre-trial agreement where you can be placed on 'probation' for 3 or 6 months and the offense will be dismissed (albeit with a higher fine of course). The issue here is the seriousness of the offense; the prosecutor may not be willing to bargain away at that level. And the prior won't help.

Is there a good reason for her driving fast? Kids? Obviously there are no good reasons, but if your wife can explain that she now understands that she needs to watch what she is doing etc., a probation makes more sense for everyone.

[Outlaw 06]

I used to live in Fairfax County and got a “reckless driving” ticket for doing 85mph in a 55mph zone on I-95. The charge is based on speed; 20mph over the posted limit or over 80mph. What a scam! Unfortunately, the charge requires a court appearance. I talked to the prosecutor and plea bargained it down to speeding (without a lawyer), but that was a few years ago. These days, the Commonwealth of Virginia may be routinely gouging motorists with excessive fines in order to increase revenues. I’d ask a friend or acquaintance in the VA court system to explain the routine to you now. If that's not possible, I’d consider getting legal advice.

[TMNT]

My Experience:
I got a reckless driving going 86 in a 65 on I-95 southbound in Stafford County. This was about 6 years ago and I was around 21-22 years old.

I ended up getting a lawyer who advised me to get a calibration done on my car since it was over 10 years old at the time. It was about 1 mph off. He also advised me to take a drivers ed course. By doing all those things and the fact that it was my first ticket ever, I got the charge reduced to just regular speeding.

One thing I definitely recommend is getting a traffic lawyer who also knows the local courts very well. You are better off with a lawyer the judges and prosecutors know then some random guy from Maryland. I spent $400 for the lawyer and it was worth it. I'd rather spend the money then risk not having a lawyer and getting charged with reckless getting fined much more and paying $$$ for insurance for the next 5 years.

[MichaelDavid]

[QUOTE=333sp;6444092]

Originally Posted by vbb

I tend to stay out of these discussions, but some of your response just begs comment because I'd hate for this guy to be misinformed.

OK - so what I get from this is that you think I did basically give him sound advice right? Find a connected atty. and cop the best deal you can? Any answer other than that is misinformation.

You just don't like my flavorization that it the system has morphed into more of a scam designed to ensure certain parties are financially compensated - directly or indirectly - at some point in time rather than its original intention of being a system designed to dissuade criminal activity / ensure safe transportation what have you.

I agree with you that it isn't balck & white. I just disagree on the proportion. And I'm not saying defense atty.s slip prosecutors rolls of cash and you know that. But in my probably better-than semi-qualified-opinion I say most pleas involve extremely conflicted interests that don't serve to carry out the legislative intent at all and then people involved typically try to explain and justify these self-serving interests all away under some kind of guise of jusicial efficiency. And you're right, it isn't Mexico, Mexico has nowhere near the incarceration rate of US. And plenty of those people we pay umpteen bazillion dollars to incarcerate start out with a small charge like we're discussing, don't play the game to pay who needs to be paid to get out from under it, then violate some post conviction condition and go up and up until they're trapped.... and we all pay for it not to mention their life is ruined. OK - I see the circles of the argument... "these pleas you say are scams stop people from going to jail in the first place"...agreed... just pay who you need to pay and be done with it.

I went to school with plenty of people who went the prosecutor - crim defense route and nobody denies that is a big part of how the game is played. I am not misinforming the guy as to anything material to his situation. I say it is predominantly a money fueled scam, esp. at misdemeanor / traffic level, you obviously don't think it is so we can agree to disagree.

One point of yours I do definitely disagree with is, I would not personally talk to the prosecutor. Anything you say to them can be used against you.... "well I was speeding but I'm a good guy can you cut me a break". Not a good thing to say. You're best intentions to deal with the situation pre-trial could seal your fate as fast as the words cross your lips. The communication will not be previleged / confidential and there will be no prefessional standards of conduct applied as if any atty. representing called. Am I right?

One thing I do agree with is the appeal bit. Reckless driving in district court and you are like the worst scoundrel that ever entered the building, circ. court a lot of the other defendants will be brought in in shackles and a traffic offense is like oh big deal. BUT.... I say it is WAY better to do away with it before it gets to that point. You will have all the stress plus some after convicted in district crt. and you're waiting for appeal date, I know in MD the DMV will start thier end of the whip-lashing as soon as the district court verdict is entered (i.e. you could lose liscense immediately even though appeal is pending)....AND a crim. defense attorney is typically going to charge you more for representation in circ. court upon appeal than district court, and if you had them for you're "first bite" they collected from you too for that unsuccesful outcome . Seems pretty obvious my quoter has some kind of crim. defense link. Am I right about that .... your "second bite" costs a lot more money right? Funny you're saying there is no scam factor and you didn't mention that.

Most important thing is try to help the guy out, not argue over the social fabric of the US crim justice system... so here I'll give up something else I honestly believe but mr. crim defense atty. probably won't like .... the "best" most "connected" crim. defense atty.s are ones who were cops in the same or nieghboring jurisdictions, and if you can find one who was a crooked and/or ball-buster cop, they are the very best.... the ones who tried to ruin lives by twisting or bending facts in crim. charges because it served their personal career interests at the time are the same ones who if go on to become crim. defense atty.s on other side of fence will bend and twist and wheel and deal and do whatever it takes to get you expeditiously out from under your situation.... and why?.... precisely because it serves their personal best interests at this time, they get paid and all they do is make a 10 min. phone call and then on to the next case, and you see it is the next generation of overzelous cops who feed them a healthy stable of compromised clients... and round and round it goes.

Make the time investment, go sit in the court and see what atty.s are getting the best pleas to the worst charges, hire them, pay them, and be done with it. And I do agree, completed DMV safety course could always help to have in your pocket.

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