Q: Child got 47/35 - plead no contest. Charge dismissed pending 6 mo probation. See below for complication.
BUT the week before trial date got a 75/55 (not reckless). Wondering if conviction on 2nd ticket reinstates first. Initial ticket 8/4/17, Court Date 9/27/17. 2nd ticket 9/20/17.
One thought is that probation period starts 9/27 and goes 6 months - but I don't know how the court views this situation.
Ticket 1 is James City County. Ticket 2 is Henrico County
A:
The child's first case was likely deferred for six months for dismissal if he or she completed a driver improvement course and kept a clean driving record. A conviction on the second charge will endanger the deferral proceedings and the judge may enter a finding of guilt on the first offense. You do have an argument that the second offense was not received during the deferral period, and the judge may take that into consideration.
You should speak to a lawyer about trying to get a deferral for dismissal on the second charge as well, so that it does not appear as a conviction on the driving record. The juvenile court judge in the first case will ask for a driving record to see if there were any convictions during the six month period. If there were not, you may avoid complications with both cases.
Contact my office at 703-352-9044 to discuss the case.
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