When you are cited for a first offense Reckless Driving in Virginia, the officer will give you a white or yellow traffic summons. The summons will give a date and time for the court hearing in General District Court. Traffic court in Fairfax County always starts at 9:30 a.m. on the first floor of the courthouse located at 4110 Chain Bridge Road, Fairfax, VA 22030.
On your court date, you will enter the courthouse and pass through security. You will then go down a long hallway on the first floor and see computer monitors on the wall. These monitors hold the name of every adult Defendant in court that morning. It lists the courtroom assigned to each individual (usually courtrooms 1A to 1E).
You will go inside the courtroom and wait for your case to be called. At a first appearance in your case, the judge will explain the charge to you and ask if you want to continue the case to get a lawyer or go forward with a plea in the matter. The judge will be clear that the Reckless Driving charge is a Class 1 misdemeanor and may result in jail time, loss of license, and high fines. The judge will state it may affect immigration status or employment. He or she will give you the option to continue the case to get a lawyer on your own. You may also request to qualify for a court-appointed lawyer if your income meets certain threshold levels.
If you have hired a lawyer before your first court date, the lawyer will file a Notice of Appearance of Counsel or "Praecipe" before the hearing. Your case will be set aside by the clerk that morning, so that the attorney can speak with the officer and prosecutor handling the case. The judge will not call your case until the parties have had time to discuss the case and try to reach an agreement or 'deal."
The attorney makes an agreement by speaking with the officer or prosecutor to discuss the case before it is heard by the judge. The lawyer presents mitigating evidence to the officer or prosecutor such as driver improvement course completion, proof of driving record, community service and speedometer calibrations. An agreement is then made between the prosecutor and defendant that may be entered with the judge. If an agreement cannot be made, the attorney will discuss options with the client such as a continuance of the court date or a plea of not guilty and trial of the case.
The attorney in some situations may represent you without you being present in court. The attorney will have you sign an Authorization Form to use in court. This form is required if the client is not present. For example, it is acceptable for the client to avoid coming to court in Reckless Driving by Speed cases in Fairfax County if the speed is under 90 miles per hour.
The agreement in Fairfax County is put down into writing on a form called "Trial Advisement and Plea Form." This is called the Blue Sheet. Your attorney will review the Blue Sheet with you if you are present and review the terms of the agreement. You will be advised that you have a right to a trial, the right to question any witnesses against you, and the right to testify in the matter if you so choose. You will be giving up those rights if you decide to sign the Agreement. This is usually to your advantage. The lawyer will not advise you to sign the agreement unless it benefits your case.
The attorney will also advise you of any employment or immigration consequences to your plea in the case. The Blue Sheet mentions this on the form.
When the agreement is reviewed and signed, it is handed up to the judge for review and acceptance. Your case will be formally called and you will go to the podium with your lawyer. The judge will ask if you have had time to review the form with your lawyer and if the plea or agreement is being voluntarily entered into by you. The judge will then finalize what happened.
You will be able to go down to the Clerk's Office in Room 106 to pay any fines or court costs, if needed. You have 90 days to pay the fines and court costs and may ask for an extension of that time with the clerk. Of course, any traffic court Defendant in Fairfax County is entitled to appeal the decision of the General District Court within 10 calendar days.
Attorney Wilfred Yeargan has handled thousands of Reckless Driving cases in Virginia and is available to answer any questions about your case. If you have a First Offense Reckless Driving charge in Fairfax County, call the law office at 703-352-9044 He will provide a free, initial consultation and advise you how to prepare the case for court.