If you were issued a summons for reckless driving or speeding in Nelson County your summons will direct you to appear at the Nelson County General District Court. (Excluding Juvenile and Domestic Cases).
P. O. Box 514
84 Courthouse Square
Lovingston, VA 22949-0514
Phone: (434) 263-7040
Fax: (434) 263-7033
Reckless Driving in Nelson, VA
The first step when determining how to best handle your reckless driving charge is to determine which type of reckless driving you have been charged with. One of the most common types of reckless driving is reckless driving based on speed. Many driver's receive these tickets while driving on Route 29 through Nelson.
Another commonly charged reckless driving statute is 46.2-852. Officers will often cite drivers for this violation in traffic accident cases where the officer believes the driver was driving in a manner to endanger other drivers, pedestrians, or other property.
Penalties for Reckless Driving in Nelson County, VA
Reckless driving is a class 1 misdemeanor in Virginia. Class 1 misdemeanors are punishable by up to 1 year in jail, and an fine of $2500. License suspensions are also a realistic possible consequence of reckless driving. Additionally, drivers can expect insurance premium increases, possible employment issues, a permanent criminal record, and 6 demerit points on his driver's license.
Actual Penalties in Nelson
However, it is important to understand the realistic consequences of a reckless driving ticket. The actual penalty a driver may receive will vary substantially depending on which court his/her case is held in, and the local judge's traffic policies.
Penalties Applied Consistently
Whether your case is in Nelson or another court, some of the consequences will not vary. If convicted the driver will have a permanent criminal record, will receive 6 demerit points on his driver's license, will very likely receive an increase in insurance premiums, and drivers who drive for a living may realistically face termination.
Fines, License Suspensions, and Jail Time Will Vary
However, the fine for reckless driving in Nelson County rarely meets the maximum punishment for class 1 misdemeanors of $2500.
Jail time is also not a normal punishment of reckless driving in Nelson. Again, driver's exceeding 90 mph or involved in serious accidents will likely receive at least a suspended jail sentence, and in some cases an active jail sentence. Cases do vary depending on the specific facts of your case. To understand how this works, please contact me at 434-979-0308.
How to Defend Your Reckless Driving Case in Nelson
In all reckless driving cases, the officer has to prove a number of things in order for the driver to be convicted.
The driver must have actually been driving in Nelson County. While this is typically not an issue, it is always important to look at your summons to make sure you were actually in Nelson County.
2) Public Road
The driver must have actually been driving on a public road. Roadways not open to the public do not fall within the reckless driving statutes.
3) The driver must have actually been driving
While this is rarely an issue in accident related reckless driving cases the officer is normally not present to see what occurred. After serious accidents, it is normal for the people involved to be flustered and upset about what occurred. Sometimes witnesses will confuse one person in the car for the driver when it was actually another person and the wrong person is charged. While rare this does occur.
4) Exceeding the Speed Limit
In speeding cases the officer must show that the driver was exceeding a specific speed limit. Some clients who call my office believe that the officer must bring in proof of the speed limit where he was cited. The officer's testimony is usually sufficient for the judge; however, occasionally, officers will get confused about the speed limit in a certain area, where a new speed limit was recently introduced, or in areas where the speed limit changes at different times of the day.
5) Calibration Issues
There are a number of issues relating to calibrations both regarding the driver and the officer.
The Officer's Calibration
The officer will use tuning forks to make sure that the radar device he used to capture your speed is working properly. He is supposed to do this before and after his shift, and will almost certainly testify to that effect in court. But the tuning forks themselves have to be re-calibrated every 6 months. The officer does need to have documentation supporting this, although it is not something the officer actually shows the judge voluntarily. The officer only needs to show the court the tuning forks were calibrated properly if an issue arises indicating they may not be. It is important to ask the officer about the calibrations prior to your hearing. He should have a calibration certificate indicating that the tuning forks were calibrated within the proper time frame. There are a number of requirements the certificate must meet, as required by statute.
The Driver's Speedometer Calibration
In Nelson, if the driver is able to show that his speedometer was not calibrated properly the judge may agree to reduce his speed. But there are a number of requirements that must be met for this to work. The calibration must show that the actual speed of the vehicle was greater than the speed indicated on the speedometer. Often drivers will tell the officer when they were pulled over that they did not know how fast they were going, which will undermine the driver's argument in court.
6) Accident cases
In accident cases the officer must show that the driver was driving in a manner or speed to endanger life, limb or property. Often in these cases the officer is not present to observe how the accident occurred, but will attempt to show the judge what happened based on the statements the driver made to the officer after the accident. These statements are admissible in court.
7) Ineffective Reckless Driving Defenses in Nelson
Generally speaking traffic court judges do not consider the following to be effective defenses:
1) You were driving an unfamiliar car, i.e. it was your parent's car or it was a rental car
2) Your speedometer was not working properly (aside from the calibration issue mentioned above)
3) You were traveling downhill
4) The weather was poor
5) You didn't know the area well or are from out of state
6) The ticket will cause issues with your current or future employment
7) You needed to use the restroom
8) If none of these defenses apply to you, then please call so that we can discuss your case. There are numerous specific issues that arise that can serve as effective defenses in these cases.
What to Expect in Nelson Traffic Court
Purpose of your court date
First, it important to determine the purpose of your court date. The officer will have given you a piece of paper called a summons indicating that you need to appear at the Nelson General District Court at a certain time and date. Most of the time this court date is your actual trial date.
However, that is not always the case. If you were cited for speeding over 90mph or were involved in a serious accident the officer will often write an arraignment or first appearance date. The purpose of this court appearance is to advise you of your right to counsel. This is required in cases where there is a possibility of jail time and the Commonwealth's Attorney is not waiving jail time (as is often the case in reckless driving cases).
At the first appearance the judge will ask if you will hire your own attorney, or if you would like to see if you qualify for court appointed counsel. Alternatively, you may waive your right to counsel. For more information on this process please contact me at 434-979-0308.
Whether you need to come to court
Reckless driving is not a pre-payable offense, and as a general rule you must appear in court for your case. This issue does get complicated and is something we would need to speak about. I will often appear in court on my client's behalf, but again this will vary depending on the specific issues in your case.
The judge in the Nelson General District Court is Judge Eggleston.
Your Trial in Nelson Traffic Court
When your case is called the judge will tell you what your charge is and then will ask what your plea to that charge is. You can tell the judge you are either: 1) pleading not guilty, 2) pleading guilty, 3) pleading no contest, or 4) you don't have to enter any plea at all (which operates as a not guilty plea). For how to plead in your specific case please contact me at 434-979-0308.
Pleading Not Guilty
If you plead not guilty, the court will then hear evidence in your case. The judge will ask the officer what occurred. You will then have the opportunity to ask the officer questions. After the officer testifies you will then have the chance to tell the judge what happened if you would like, although you are not required to.
After the Judge hears all of the evidence he will make his ruling regarding guilt or innocence, and will also make his ruling regarding what punishment the driver will receive if found guilty.
Fines, License Suspensions, and Jail
The driver has 30 days by statute to pay any fines and court costs incurred as a result of a conviction. These costs are paid at the clerks' office in the General District Court, which is located right outside the courtroom. You may pay directly after court if you would like. Alternatively, you may ask the clerks about setting up a payment plan. For VA drivers if your license is suspended for 30 days or less the clerks will keep your license in their office. If suspended for longer than 30 days you will have to go down to the DMV to pick up your license. The court is not allowed to take an out of state driver's license, but may still suspend an out state driver's privilege to drive in VA. If you receive active jail time as a result of your conviction, the judge will normally allow you to delay reporting to jail about 3 weeks.
After the case is over you have 10 calendar days to file an appeal. You file this appeal in the General District Court. You may do so directly after your case is over by speaking with the clerks. You will fill out a form indicating you would like to appeal, and the clerk will give you a new court date in a new court, the Nelson Circuit Court.
If you appeal your case to the Circuit Court it is important to understand that your first court date is not your trial date, it is a docket call date where you will set the actual trial date. At docket call you will have the option of choosing a jury trial or a bench trial. If you choose to have a jury trial you will have to pay the costs for the jury if convicted.
Withdrawing Your Appeal
You are allowed to withdraw your appeal. It is not uncommon at docket call for drivers to withdraw their appeal. This will often involve paying additional court costs.