CDL Reckless Driving Charge - To Be Dismissed in Amelia County, VA

October 25, 2020 | Case Results

Case results depend on a variety of factors unique to each case. Results seen here do not guarantee or predict a similar result in future cases.

Reckless Driving is never an easy charge to deal with in general. The stakes are always high for CDL drivers. Their livelihood depends on their CDL license, so they can’t afford to lose it. Even when they aren’t facing a Court or DMV license suspension, traffic convictions alone are a big problem with their employers. Because of company insurance costs, CDL employers tend to have low or zero tolerance policies for traffic convictions.

I had a client who had just finished the requirements and gotten his Virginia CDL license. He was facing a Reckless Driving charge for driving 87 mph in a 60 mph zone in his personal vehicle. He also didn’t come to me with a clean driving record. He was worried this slip-up was going to cost him his CDL. He had also waited until the day before Court to talk with a lawyer.

It is not unusual for someone to plan to handle their case on their own and then get cold feet and second-guess that choice as the court date approaches. “Better late than never” definitely applies here. With a last minute consultation I will either be able to handle it, continue it, or set you up with another lawyer who can be there. No sweat. In this gentleman’s case, I was able to handle it.

The Court is not allowed to offer a driving school for dismissal disposition when they know a driver has a CDL. This is due to a federal anti-masking statute – 49 CFR § 384.226 https://www.law.cornell.edu/cfr/text/49/384.226. Luckily, my client was not in a commercial motor vehicle and did not have a CDL license at the time he received the ticket, and so it didn’t come up. I walked out with a due date for his driving school certificate. The case will be completely dismissed and he only pays $86.00 for court cost.

This is a great example of a situation where an unrepresented person would have talked themselves right out of a great result – offering up their CDL and asking for a break because of it. In navigating cases, a good lawyer knows not only what to say, but more importantly – when to zip it.