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Charged with reckless driving on private property for driving in muddy shoulder. Found out it is government property later.

Lynchburg, VA |

I have clean driving record otherwise (Campbell county Virginia)

Also charged with destruction of property 18.2-140. (Reckless 46.2-864) officer did not witness me in mud but received a phone call from passerby (not property owner) and pulled me over 1-2 miles away. Unfortunately I do not have financial means to hire a lawyer.

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Attorney answers 4


You may have serious problems.

Prior may complicate

Lack of eye witness is of little concern

Your story provides no defense

Don't know what else to say but what do you want?


Recommend you find a method to hire and pay an attorney. Think long term. A reckless driving convition may impact you financially for years to come.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.



Does it help me that the ticket is written for private property when it was not actually?


You should consult with an attorney regarding the charges. If you are convicted of either of the offenses, it will be a permanent criminal record you will have to deal with for the rest of your life. If you cannot afford an attorney, the court will appoint one to represent you; however, a court-appointed attorney is not "free". Only if you are found not guilty or the charges are dismissed will the court-appointed attorney not cost you anything.

Good luck.

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James Garrett
Garrett Law Group, PLC
(757) 422-4646 - 24 hour Service

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


When you appear in Campbell County, ask the court to appoint counsel. Otherwise, I would recommend contacting a lawyer in Rustburg or Lynchburg who can assist you with the case. Both charges are serious, and you should speak with someone. Though I now exclusively represent victims of medical malpractice and nursing home neglect, I am a former Lynchburg prosecutor and would be glad to refer you to someone who can help. Feel free to contact me for a referral at (540) 985-0098.