In Fairfax County Traffic Court there are 20-60 reckless driving cases every day. Because Fairfax County contains the Dulles Airport access rd, the Dulles Toll Road, the I-95, the I-66 and the I-495, Fairfax County law enforcement officers give a lot of reckless driving tickets to people who do not live near Fairfax.
I have represented drivers accused of reckless driving who are from Foreign countries and just about every state/province in the US and Canada. Even though a court appearance is mandatory, for many driver’s appearing in court for their reckless driving case is just not an option.
In these situations a reckless driving attorney is a vitally important. When a driver hires me to defend them in Fairfax County Traffic Court against a reckless riving charge I have the option of asking a judge for a “motion to waive an appearance”.
A motion to waive an appearance is when I ask the judge to allow me to appear in court without my client. I can plea on behalf of my client, I can negotiate on behalf of my client and I can even go to trial without my client present. Once the case is over the driver can pay any fines and court costs online.
The governing rule behind Motions to waive an appearance is that a Defendant cannot be sent to jail or put on inactive probation without being present for the trial. Some judges also believe that Defendant’s should not be granted a waiver if their license may be suspended. Therefore the judge examines whether there is a chance that the defendant will be given jail time or possibly lose their license.
Each judge deals with a motion to waive an appearance on a case-by-case basis but here are some guide lines as to whether a judge will grant a waiver: 1) How serious is the reckless driving charge? The faster the speed, whether there is an accident, the code section charge can all affect the likelihood of getting a waiver. 2) Where does the driver live? The farther away they live the more likely they will be granted a waiver. 3) Will the prosecution agree to give up their right to put the driver in jail ect. or will they fight the waiver. 4) What is the driver’s DMV record? 5) Does the driver have a good reasons for not appearing (i.e. military deployment, disability, medical emergency, travel expenses ect.).
In some cases, where it is unclear whether jail time ect. would be appropriate, a Fairfax County traffic court judge will grant a limited waiver of appearance. The judge will allow the Defendant to send his attorney to traffic court on his behalf for only the first court appearance. If the Defendant does not resolve the case at the first court date then the court will issue a continuance and the Defendant will be required to appear at all additional court dates.
In Fairfax County Circuit Court, motions to waive an appearance can also be granted but they are much less common and can be administratively more complicated. If you have any questions about motions to waive an appearance or if you need such a motion, contact a local reckless driving attorney immediately.
Luke Nichols
Spectrum Legal Defense
703-383-9222
www.spectrum-legal.com
