Herndon, VA asked in Car Accidents and Traffic Tickets for Virginia

Q: Was the sole person and vehicle in an accident. Officer issued a citation for "improper driving/control"

Instead of reckless driving. In court, the judge reviewed the charge and instructed the officer that LEO are not allowed to issue those types of tickets but that it's for a court to decide to downgrade a reckless charge to that. The judge informed me the commonwealth (state) could retry the charge correctly but as for the issued charge that I was free to go. What are the odds the state will correct the charges and bring me back up on reckless vs chalking up to an officer's mistake and dismissing charges entirely?

1 Lawyer Answer
Daniel P Leavitt
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  • Traffic Tickets Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: There probably very little chance they will bring the charge. They have up to one year. If you killed someone in the accident they likely would but in this situation there's probably very little chance they would do the extra work.

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