By Jon Katz

May 14, 2006 - An Alexandria, Virginia, federal magistrate judge recently sentenced a law student to twelve days in jail (with the option to serve the jail time on weekends) for reckless endangerment as a result of driving 126 miles per hour on the George Washington Memorial Parkway. I surmise the jail time would have been higher had this been during daylight hours than at 4:00 a.m. with few or no cars on the road.  The jail sentence may be particularly surprising to residents of Maryland and other states that do not ordinarily permit jail time for excessive speed. Moreover, even though this law student was sentenced for reckless endangerment rather than speeding, even if he were only charged with speeding, he still would have faced the possibility of more jail time than he received.

Any moving violation ticket on a federal highway can produce high anxiety, because a maximum six month sentence ordinarily applies to such charges, including speeding, having an open beer bottle in the car, having an expired vehicle registration, and the list goes on and on. On the one hand, judges ordinarily can be hoped to consider the accused violation, a defendant's driving record, and circumstances surrounding the alleged offense. On the other hand, facing potential jail for having an expired car registration is a bigger deal than having the option to pay the fine and be done with the matter. (Caveat emptor: Check out any car before you drive it, including a check for current registration stickers). 

In the District of Columbia metropolitan area, only Maryland does not provide for possible incarceration for excessive speed by itself. In Virginia, reckless driving is punishable up to one year in jail, with the possibility of suspended driving privileges up to six months. Va. Code § 46.2-868. Driving over eighty miles per hour in Virginia constitutes jailable reckless driving, as does driving as little as twenty miles per hour over the speed limit in other instances. Va. Code Ann. § 46.2-862. Fortunately, instead of entering a guilty verdict for reckless driving, where the degree of culpability is slight, Virginia judges have the option to enter a guilty verdict for improper driving, which falls in the least serious category of moving violations in Virginia. Va. Code § 46.2-869. 

In the District of Columbia, exceeding any speed limit by over thirty miles per hour carries up to ninety days in jail. D.C. Code § 50-2201.03; 18 DCMR § 2200.12. 

Defendants for all criminal cases, including reckless driving, need to know that the government has the burden to prove guild beyond a reasonable doubt, and the defendant has no obligation to present any evidence. For all speeding cases, I challenge whether the police officer took an accurate reading of speed, including a challenge of the accuracy of the officer's speedometer calibration or radar/laser, a challenge of the officer's qualifications and method in obtaining a speed reading, and a challenge to the admissibility of evidence of the proper calibration of the officer's speed detection equipment. 

Ways to try to minimize one's verdict and sentence for speed include completing a driver safety class and an aggressive driving class, producing as clean a driving record as possible, getting a certified test of one's speedometer, and providing proof of community service. In all instances of jailable criminal cases, it is critical to obtain a qualified lawyer. 

For information on limiting the risks of exposure under the drunk driving laws, see here. 

ADDENDUM

Following is a trial lawyers' listserv message by Jon Katz that gives a good overview for defending reckless driving in Virginia: 

For jailable offenses, I think a pro se defendant has a fool for a client. Nevertheless, plenty of defendants show up pro se for reckless charges; possibly some do not realize in advance that reckless is jailable up to a year and can suspend driving privileges up to six months.

 Here are my brief thoughts on this case:

 - The prosecutors in Fairfax County are not likely to offer a plea to less than reckless for speed at 84 in 55.

 - In addition to the defendant doing the reckless and aggressive driving course, it’s a good idea to get his speedometer checked; if the speedometer needle incorrectly indicates the driver is going slower than the actual speed, that goes to intent for this specific intent criminal charge. M&M in Fairfax is a reliable company for doing the speedometer check: 703-591-9601.

 - For the trial date, a qualified lawyer will be able to assess the chances of winning a trial (e.g., whether the police officer is present and has the necessary, current and admissible calibration information on the speedometer/laser/radar, and whether the cop’s speedometer pace was sufficient and reliable and for a sufficient distance).

 - If the chances of winning at trial are minute, sometimes it’s better to plead guilty without a plea agreement, and to argue for the judge to exercise statu to ry judicial authority to reduce the charges to the non-jailable improper driving charge (in some jurisdictions, the judge might reduce the charge to non-jailable speeding). In the event of a reckless conviction, a qualified lawyer will work for the most favorable sentence, the shortest suspension period, the most favorable restricted license provisions, and the lowest possible fine.

 - For sentencing and arguing to reduce the charges, it can help if the traffic was a light as possible and if the defendant had limited experience in the particular stretch of highway.

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