I have been trying to attain my licence for a few years but there is a Medical Report Request on my account with the DMV. I was in Appomattox County, and I was driving my fiance's vehicle with him in the passenger seat. I was pulled over by an Appomattox County deputy. I was polite, honest, and cooperative, This is my first offense ever, and I was not technically driving recklessly. I was not under the influence of any substance, and I have taken steps towards getting my licence. I have not gotten it yet due to the DMV and other technical difficulties.
What is the likelihood of me receiving the maximum penalty, and what type of penalty should I expect?
Jail unlikely on a first offense, that said, none of us has a crystal ball to predict the future. One red flag when I read your post, you mentioned reckless driving and suggested that you were not "technically" reckless...suggesting that you were also charged for that?
In any case, chat with a traffic law attorney in your area. Good luck to you.
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The likelihood of getting the maximum penalty is low, but the chance of conviction is high. At a minimum you will be fined, and some judges will send you to jail for a short time as a matter of principle.
I strongly recommend hiring a lawyer to represent you, and doing everything in your power to obtain your license before court. The judge is much more likely to be lenient if you’ve got a license when you come to court.
Anyone charged with any crime needs to get a private criminal defense attorney in my opinion. The maximum penalty is hardly ever handed down to first offenders.
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A first offense violation of 46.2-300 is a class 2 misdemeanor. The maximum penalty for this offense is a jail sentence of six months and fine of $1,000.00. However, in my experience as a former prosecutor and current defense attorney, the likelihood of getting the maximum penalty for this offense is low. In fact, in my experience the likelihood of getting any active jail time is low as well. However, no attorney can promise you a result and your best bet is to consult with an attorney who is familiar with similar cases in your jurisdiction and in front of the Judge that will hear your case. My best advice would be to cure the issue with DMV and get licensed if at all possible, because most likely in the Judge's mind is the question of "is this likely to happen again." If you come before the court with a license, even if you have to continue your case out some time to get it, then that becomes a non-issue.
Best of luck to you my friend.
As others have posted, generally for a first offense, assuming there is nothing weird on your records, does not get the max. However, I would recommend curing whatever is stopping you from getting your license and to hire an attorney. While it sounds like something you could potentially handle yourself, an attorney may be able to get a little better. With this charge, it is a Class 2 misdemeanor and if you are found guilty of it, the Court could suspend your license for up to 90 days. Also, it may sound like you have more than just the 46.2-300 charge, if that is the case, hiring an attorney in your area would be highly recommended.
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