WHAT WILL HAPPEN WHEN I GO TO COURT FOR MY FIRST COURT DATE?
The first court date for a Reckless Driving charge in the Town of Warrenton is treated as an Arraignment. At this court date, the General District Court judge will advise you about the seriousness of the charge and your right to hire a lawyer. She will ask if you want to resolve it then or continue the court date to get a lawyer.
If you hired a lawyer before the first court date, the lawyer will attend court and speak to the police officer and prosecutor, called a Commonwealth Attorney. The lawyer will present mitigating evidence for the client, such as driving record, driver improvement course certificates, community service letters, speedometer calibrations, etc. In speed related cases, the attorney will review the officer's RADAR or LIDAR equipment calibrations. The lawyer will speak with the prosecutor to try to get the charge dismissed or reduced to a traffic infraction.
Traffic infractions are non-criminal offenses that carry only a fine and court costs as punishment. If an agreement to dismiss or reduce to a traffic infraction is reached with the prosecutor, it will be presented in writing to the judge for approval (called the "the Purple Sheet"). The Honorable Jessica Foster sits as Presiding Judge in the General District Court in Warrenton, Virginia..
The client will have 90 days to pay any fines and court costs imposed at the court hearing.
If an agreement cannot be reached at the first court date, the case may get continued to a trial date. At that date, evidence will be heard from the officer and the defense will have the opportunity to cross-examine and challenge sufficiency of the evidence. The objective of a trial is to get the charge dismissed or reduced to a traffic infraction so that the client may avoid a misdemeanor criminal conviction.
If the charge is dismissed, the client will have no conviction reported to the Division of Motor Vehicles.
If the client is found guilty or receives an unsatisfactory result, an appeal may be filed within ten (10) calendar days. This appeal is a fresh appeal ("de novo") and no weight is given to the lower court's decision. It is done by simply filing a Notice of Appeal with the General District Court Clerk in Warrenton. The client will be given a new court date approximately two months from the date of appeal.
The appeal will be heard in a higher court called the Circuit Court. In this court, a jury may hear the evidence to determine the outcome. The client may get a better or worse outcome than the original General District Court decision.
GET HELP WITH YOUR RECKLESS DRIVING CASE - 25 YEARS OF EXPERIENCE
Attorney Wilfred Yeargan has 25 years of experience defending thousands of Reckless Driving cases in Virginia. Contact US Today at 703-352-9044 for a free, initial consultation about your Reckless Driving case in Fauquier County. The attorney can help guide you through the process and give you a successful strategy for obtaining an outstanding outcome.