Will reckless driving affect my J1 visa

[Anna555 0]

I don't know whether this is the right place to post it, but I hope that someone can help me.

I got a reckless driving ticket in Virginia ( 100 in 65mph). What will happen to me if I will be found guilty ( which means possible jail time and criminal record)? I am from Germany and with a J1 Visa. Can they cancel my visa? In what case can they do it and in what case can't they? I cannot find any information on the internet and I really just like to have a fast answer from someone who really knows that. Thank you so much!

[SAT 9,609]

Just tell them....

1. In Germany...we drive autobahn !

2. In Germany...we use Kph

3. In Germany...Woman strong...like Ox...

You're fine. Don't worry about this.

[SAT 9,609]

By the way, it is not likely that you will get any jail time for reckless driving (unless in doing so, you caused something else to happen) In which, you'd be charged with something else...

[CHarvey80 72]

A friend of mine who is on a J-1 had an accident driving in a state different from where she lives, without a license from the US, just the international one, without being in the insurance for that car, and hitting another car by crossing a red light. And she was just fine, had to go to court, but nothing happened, just a fine. You are ok.

[christeen 966]

You should be ok... However, to avoid this situation in the future... For cryin out loud... SLOW DOWN!

[SAT 9,609]

Just tell them it was a Toyota and the throttle was stuck on warp drive...

[Anna555 0]

Please only serous answers. The thing is that I will have a criminal record and possible jail time. Which will probably be the case, because it's Virginia...

[SAT 9,609]

Ok Anna, I'm sorry...I'll give you a serious anwer.

Reckless driving in Virginia is a minor misdemeanor. Like the same as a DUI charge. The summons you recieved is a criminal court summons, returnable to criminal court. Misdemeanors are punishable by upto 1 year in jail. Bu tthe chances are that if it's your first offense, and no one got hurt as a result, you will likely just pay a fine and get your license or driving privilages suspended for a number of months. You can hire an attorney to try to "argue down" the speed at which you were traveling (not to argue whether if you are guilty or not). The cost for an attorney of this case is around 200 to 500 dollars. Police radars (if that is what they clocked you with) are not that accurate around curves. So you can use that as a defense to argue down the speed. (But it's not going to be off by more than a few miles per hour).

It should not have any impact on your status. It's not a crime of anything against public morals, or violence.

With that...good luck to you. I will go poke fun at something else...

(there "S", there's my good deed for the day)

Edited January 24, 2013 by SteveAndTiff

[SAT 9,609]

To add to my last post, the best place to find this type of attorney is to go to the court where you're scheduled to appear, and approach the attys that you see going in and out of that court. That's all those guys do is argue cases like this everyday, chances are they already know the judges and the cops that gave you the summons(or arrested you). Many times, they approach the cop outside the court room and work out a plea prior to seeing the judge.

Edited January 24, 2013 by SteveAndTiff

[CHarvey80 72]

Thought I would add this (Looks like you are in for a ride buddy):

The Shocking Consequences of Reckless Driving Speeding

 Fact: The average amount of jail time for someone convicted of speeding over 90

mph in Virginia is greater than the average amount of jail time given to someone

convicted of a first offense felony drug possession, felony shoplifting, felony

embezzlement, felony grand theft auto or DUI with a BAC that is less than twice the

legal amount! That's right, the speeder is treated more harshly in Virginia than

drug addicts, thieves, and drunks!

 Fact: If you are caught doing above 80 mph on the highways of Virginia, you can

and will be charged with Reckless Driving. As has been stated, this is not merely a

traffic infraction. It is a criminal offense- a Class 1 Misdemeanor- the most serious

class of misdemeanor in Virginia! Once convicted, there is no provision under

Virginia law for expungement of this charge and you will have a permanent

criminal record.

Go to Jail- People routinely go to jail and lose their license for speeds above 90 mph.

Those doing over 100 mph are looking at a potentially lengthy jail sentence. To give you

an example of the specific amount of jail time that people who get convicted receive,

some judges in Virginia use a mathematical formula: 2 days in jail for every mph over 90

mph, and, if over 100 mph, add an additional 30 days in jail to that total. Thus, someone

convicted of doing 94 mph will get 8 days in jail, and someone doing 101 mph gets 52

days in jail! (101 is 11 mph above 90 X 2 days in jail = 22 + additional 30 days in jail for

being over 100 mph.)

NOTE- There is no such thing as a “speeder’s jail.” Those convicted of Reckless

Speeding and sentenced to jail go to the same jail as every other criminal sentenced to jail

time or who is awaiting trial for any crime they committed.

 Permanent Criminal Record- As I have explained above, unlike the points for a traffic

offense conviction on your driving record, the criminal conviction on your criminal

record is permanent!

My reference is here

Hope you got where you were going early enough to make it worth it.

[SAT 9,609]

Come on dude...you're scaring the girl half to death. Your source is a lawyer's website soliciting business via the ole scare tactic...

Even in Virginia, they have a thing called Judicial discretion. Where a judge can reduce the charges, based on the totality of the circumstances. Many types of dangerous behavior constitute reckless driving, or even reckless endangerment. The fact that Virginia routinely bumps a speeding ticket up to reckless driving doesn't mean she was being reckless.

Reckless driving is a Misdemeanor, your web -source cites that you do more jail time than felony drug possession. That kind of advertising is RECKLESS in itself. Misdemeanors are punishable by up to 364 days in jail, felonies are punishable by 1 year or more. So to say that you get less time for felony drug possession is false. (unless that felony charge is plead down to a misdemeanor).

The state of Virginia also realizes that their reckless driving laws can send people to jail for an offense that would otherwise be legal in some other states with higher speed limits. And the legislature is trying to remedy this discrepancy.

http://thenewspaper.com/news/40/4006.asp

To sum it up, if the OP gets an attorney well versed in this area of specialty, and she is a good person with no other issues with the law or a bad driving record, then she'll land on her feet every time.

Edited January 25, 2013 by SteveAndTiff

[CHarvey80 72]

Come on dude...you're scaring the girl half to death.

Honestly, good!!

If you crash driving 100mph chances are everyone involved is dead!

Her scared now can save her and other peoples lives later.

Also, Virginia is very hard on speeders, and judges, regardless of state, never look kindly when you are doing that kind of speed. I think she would be extremely lucky to get off lite.

[SAT 9,609]

Harvey I agree with you about saving lives. And I also agree that judges don't take kindly to this rate of speed. And she should slow down.

But we are lenient to our first offenders, are we not? In this case I hope no one was hurt (and no one was hurt, because she'd be charged with something else). So if she has a clean record, and no other issues. She'll get a second chance. But the fine will not be light, and she'll be suspended or revoked.

More importantly, to address the OP's original concern...her visa should not be affected by this episode. For it is not a crime of vice, public moral, or violence.

Now dude, you made me use my brain...and I don't wanna use my brain...I'm going home...

[Anna555 0]

Wow. thanks guys. Now I feel better.

No. I have read those articles before, no worries. I totally know that there is no excuse for what I did. My court date is next thursday, so I'll be able to tell you how it all ends up... But you think that there is no chance of getting away with " reckless driving" right? It's not worth it to give it a try?

[SAT 9,609]

Wow. thanks guys. Now I feel better.

No. I have read those articles before, no worries. I totally know that there is no excuse for what I did. My court date is next thursday, so I'll be able to tell you how it all ends up... But you think that there is no chance of getting away with " reckless driving" right? It's not worth it to give it a try?

Yes there is a chance of getting rid of Reckless Driving, if you successfully argue down the speed at which you were traveling. And in that case, it will be reduced to speeding. But you won't know how to argue down that speed unless you get an attorney. (whom will immediately ask for an adjournment based on time to gather evidence). The tactic will be to delay the hearing again and again to see the the Officer fails to show up at one of these hearings. Also, to see if the attorney can get a judge that he's familiar/ friendly with...Subsequently hoping you'll get the hearing canted in your favor...