Design Template by Bikingtoronto

« Cyclist killed on Maryland's Eastern Shore | Main | Oxon Hill sidepath extension under way »

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

You're probably dealing with an insurance company and you're unlikely to get to a courtroom. The existence of the ticket will screw you. (The assumption shouldn't be that the ticket is meaningless, the assumption should be that the cop will be there. In the unlikely event that you pursue your case all the way to a courtroom and then manage to convince the judge that the cop is wrong based on your cross examination, then you're not screwed. Seems a fairly unlikely chain of events.)

I remember reading of a similar case with the opposite outcome. A driver was arrested for DWI and ticketed for a lesser offense, something like reckless driving. The lesser offense had a statutory fine; eg you could just admit guilt and pay the set fine without going before a judge. When he was out on bail his lawyer advised him to run to the clerk of the court's office and enter a written plea to the lesser offense and pay the fine immediately in cash.

His lawyer was then able to argue successfully that the prosecution for DWI was double jeopardy. The two charges stemmed from the same act, and when the court accepted his guilty plea jeopardy attached for that act.

Case dismissed.

That may have been in Virginia, Contrarian. I know the Hall v Commonwealth case in 1992 that said you cannot be convicted of both DUI and reckless if they stem from the same act(s), which they essentially have to be from the same act. As VA does have a double jeopardy.

Now as to paying the one fine and not the other, that's the trickier part. I think reckless can carry jail time and license suspension in VA. Then again, it's much better than a DUI and a wise way to avoid it. Part of the issue is that they consider anything you do illegal while above the per se limit to be by default reckless.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been posted. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Banner design by creativecouchdesigns.com

City Paper's Best Local Bike Blog 2009

Categories

 Subscribe in a reader