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Court Procedures in Reckless Driving Cases in Shenandoah County, Virginia

WHAT HAPPENS AFTER I RECEIVE A TICKET FOR RECKLESS DRIVING IN SHENANDOAH COUNTY?

Each county in the Commonwealth of Virginia handles traffic tickets differently.  Shenandoah County issues a high number of misdemeanor Reckless Driving tickets.  Interstate 81 runs through the county.  State Troopers and county police maintain a regular presence on the highways.

Reckless Driving is charged as a Class 1 criminal offense.  It is punishable by zero to twelve months in jail, a fine of up to $2,500.00, and/or loss of license for up to six months. The charge is a six point demerit offense in Virginia and stays on a driving record for 11 years. 

Reckless Driving may be charged for excessive speed, accidents, an obstructed windshield, passing a school bus, racing, failure to yield to emergency vehicles, etc.  There are over a dozen different statutes for Reckless Driving in Virginia.  By far, the most common charge is Reckless Driving by Speed. 

Experienced traffic attorneys seek to get the charge dismissed or amended to a traffic infraction, which is not a criminal offense and is punishable only by a fine and court costs.  Examples of traffic infractions are Improper Driving and Speeding.

The court that is assigned responsibility for hearing adult traffic tickets in Shenandoah County is the General District Court.  This court does not have a jury.  The presiding judge is the Honorable Amy Tisinger. The contact information for the court is located below:

Shenandoah County General District Court

215 Mill Road, Suite 128

Woodstock, Virginia 22664

Telephone:  540-459-6130

The first court date for Reckless Driving that is on the traffic ticket or "Summons" is called an Arraignment.  At this court date, the judge will advise the driver of the seriousness of the charges and their right to get a lawyer.  She will then set another court date, which is the "trial date." 

In Shenandoah County, it is not uncommon for there to be 800 arraignments, or first court appearances, in Shenandoah County General District Court on a Tuesday morning.  For this reason, the judge will not hear trials or plea agreements at the arraignment.  The judge prefers that an attorney who is hired in a Reckless Driving case enter their appearance of counsel before the court date with the clerk.  The letter should provide the attorney's unavailable calendar dates and request that a new court hearing be set by the judge.  The new court date is the trial date and will normally be two or more months from the arraignment.  

That is why it is important that those charged with misdemeanor Reckless Driving contact an attorney immediately after receiving the ticket.  The attorney should be experienced in this county.  The attorney should have a prior working relationship with the judge and prosecutors.    

Prior to the second court date, the attorney will guide the client on what to do to prepare for the hearing.   This may include completion of driver improvement courses, community service, a speedometer calibration of the vehicle driven in the traffic stop, and other items. 

At the second hearing date, the attorney will appear in court and negotiate a plea agreement with the prosecutor, called the Commonwealth Attorney.  This plea agreement may then be presented to the judge for approval.  If the lawyer and prosecutor cannot come to an agreement, then the case will be heard for trial on a not guilty plea.   

Judge Tisinger hears the evidence in Reckless Driving trials and decides whether the person charged is guilty or not guilty of the offense.  If the person is found guilty of a charge, she will then decide the type of punishment the driver will receive. Any decision of the General District Court may be appealed within ten (10) calendar days.  The appeal is a fresh hearing and no weight is given to the decision in General District Court.  This appeal is heard in a higher court called the Circuit Court. 

In Circuit Court, there is a different judge and a jury may hear the evidence and render the outcome. The appeal is a fresh hearing and no weight is given to the decision in General District Court.  The defendant can get a better or worst result than what occurred in General District Court. 

Contact the law office if you have a pending court case for Reckless Driving.  The lawyer will provide a free consultation and walk you through the steps needed to prepare for court.  Attorney Wilfred Yeargan has 25 years of trial experience in Virginia courts and offers reasonable, flat fee payment arrangements. 

Areas Served by the Law Firm

The law office serves clients throughout Virginia including those in the following localities: Fairfax City; Fairfax County including Annandale, Burke, Centreville, Herndon, and Vienna; the City of Alexandria; Arlington County including Arlington; the City of Falls Church; Augusta County, including Staunton; Fauquier County including Warrenton; Frederick County including Winchester; the City of Fredericksburg; Loudoun County including Ashburn and Leesburg; Clarke County, including Berryville; Culpeper County; Fluvanna County, including Palmyra; Prince William County including Occoquan, Triangle, Quantico, Woodbridge, Dumfries, Haymarket, and Manassas; Spotsylvania County including Lake Wilderness and Spotsylvania Courthouse; Stafford County including Stafford, Aquia Harbour, and Falmouth; Warren County including Front Royal; Shenandoah County, including Woodstock; Rappahannock County, including Washington; Madison County; Greene County, including Stanardsville; Fluvanna County, including Palmyra; Caroline County, including Bowling Green; Hanover County; King and Queen County; New Kent County; King William County; City of Hopewell; Prince George County; York County, including Yorktown; Chesterfield County; Henrico County; Westmoreland County, including Montross; King George County; Greensville County, including Emporia; Prince George's County; Dinwiddie County; and Sussex County.

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