Order in the Court

Late one night several years ago, I was driving from Woodbridge to Ashburn. I had come north on the Fairfax County Parkway and was cutting over to Route 28 at Franklin Farm. I was trapped behind a very slow moving vehicle on Franklin Farm Road, so, when the opportunity presented itself as we turned onto Centreville Road, I passed. I suppose I was a bit annoyed at having been trapped, because my foot was a bit heavy on the gas pedal. As I stopped at the red light at the intersection with McLearen Road, a Fairfax County police car pulled up behind me and turned on its lights.

Now, while not a frequent occurrence, I had been stopped for speeding several times before. This time, however, was a little different than any other. The officer had me take a field sobriety test and used a breathalyzer. I had drunk no alcohol and, when this became obvious, the cop seemed disappointed and decided to search my car. He told me that he really should take me to the station (not really sure why) but that he was going to give me a ticket and let me be on my way. He wrote me up for reckless driving due to excessive speed...58 in a 35 mph zone (Hey! I said my foot was a bit heavy, didn't I?)

After doing a little research, I found out that all forms of reckless driving are a class 1 misdemeanor and carry a maximum penalty of one year in jail. Now, I had no desire to spend any time in jail so I decided I would get a lawyer to defend me. Several attorneys I talked to said there was nothing they could do for me and one said he had a solution...all I had to do was pay him $1,000 and he would tell me how. Well, I was not going to pay him one thin dime unless I knew what his strategy was, so that didn't work out so well. When I went to talk to the final lawyer on my list, I told him my story and he started to laugh. This was not the reaction I had expected. He told me to wait one moment, pulled out a book and looked something up, and then chuckled again. Apparently, reckless driving due to speed in Virginia was defined as (1) going faster than 80 mph, (2) exceeding the speed limit by 20 mph or more where the speed limit is above or below 35 mph, and (3) exceeding the speed limit by 25 mph in a 35 mph zone. After reviewing this with me, the attorney told me he would not be coming to court with me...he said that the appearance of a lawyer in court might tip the prosecution off that something was up. Instead, he gave me copies of the Virginia code section and specific directions on what to do and say in court and sent me on my way...no charge! (If you need a really good attorney for criminal charges or traffic violations, let me know and I will give you his name and number).

I sat in court on the appropriate day, nervously reviewing all the information that my lawyer had given me. When my case was called, I pled not guilty and was brought forward. I stood at one podium and the arresting officer was across the room at another. We were both sworn in and then the officer was asked to describe the offense and the stop. He did so, and ended by saying that I was charged with reckless driving due to speed. The judge thanked him and then turned to me. Here it was...my big moment...I swallowed a few times and then...

"Your Honor, I would like to make a motion to strike."
"On what grounds?", the judge replied with a lift of his eyebrows.
I swallowed again, gulped some air and said, "According to the Virginia code of law, section 46.2-862..."

As I read the section to him, the judge smiled and then said he would have to look at the code.

"I have copies of that section, if you would like to see one", I said, just a little too smugly (bad move on my part...never be smug with a judge).
"No, no...I have my own copy", the judge said as he pulled out a book. He flipped some pages, scanned the text and then said, "Officer, you should check this out, it's very interesting reading."

At this point, I should have been free to go since I was obviously not guilty of the charge of which I was accused. As my lawyer had warned me though, it's the judge's courtroom and he can do as he pleases. In this case, it pleased him to lower the charge to speeding and fine me. I have to say, I was okay with that...it certainly beats jail time.

The best part (well...okay...the best part was getting out of reckless driving, so this would be the next best part) was that, as I left the courtroom I could hear someone follow me out. Once out of the courtroom and free to talk, the man behind me spoke.

"Excuse me, what code section was that?"
"46.2-862", I replied, "Would you like a copy?"
"Yes, thank you!" he said enthusiastically. "I am a lawyer and that was just great...one of the best things I have seen in court!"

So there you have it, my big day in court successfully defending myself and narrowly avoiding a year in jail (okay, I'm exaggerating...but it did feel good). Just one word of caution: The Virginia code has since been changed and the strange exception for 35 mph zones has been eradicated.