I received a reckless driving charge in northern Virginia, where I work (and on my way to work). I was going pretty fast, 91 in a 65, but it was reckless driving for speed and no other factors. Just cruising way too fast.
I have an active TS (no SCI or anything like that). Now my FSO is out and I plan on self reporting to him when he gets back in. I’ve talked to many lawyers and also have hired one. I’ve been told the most likely outcome is they stick me with the reckless driving conviction and pay some fines, but that there is a chance it could be reduced to speeding since I have a clean record and a speedometer calibration showing my cars speedometer is 3 mph off. Typically though, northern Virginia judges are not inclined to reduce the charge at a speed over 90
If I do end up with the reckless driving conviction , how will this affect my current clearance and my reinvestigation 4 years from now? I do have a clean driving and criminal record besides this occurrence, but am worried because a criminal misdemeanor would be the result of I’m convicted. Going to slowwwww down driving from now on, that’s for sure
Well at least it is “just” a reckless driving for speed and not a DUI that got plead down to reckless.
Good idea to report right away and keep them updated. That will go a long way toward mitigating concerns if you ask me (and you sort of did by posting here ).
Yeah, there’s nobody else speeding in NoVA… usually because traffic is way too jammed
If you are a plus 5…or were a plus 5…you MAY appeal. But 91 is just way too high. The new Reckless standard in Va is 20 over now I believe. It used to be automatic at 15 over. I driven that corridor too many times to count. When not logjammed, it is easy to sail right past 88 mph as all other traffic is doing the same. I try to not be the guy moving in and out of traffic. I think the judge will likely give you a fine but MAY reduce the overall logged MPH over in the violation. They may reduce the points or reduce the fine, but 91 is 91. If it was after 3 Pm, when school busses were on the road…they will be less inclined to be lenient. My client allows the civil authorities to take action, and have often told me even repeated violations are not a clearance concern. Of course displaying a history of not following the rules can be applied.
I had a similar experience while working for DOD, and I can share that with you.
Your clearance should stay active until the said incident gets reviewed by DODCAF. Once reviewed, DODCAF will either re-adjudicate you favorable or revoke your clearance. The thing is that if your FSO submits the incident to DODCAF (which he/she may or may not), your name will appear red in JPAS. This should have no bearing with your current agency, however, if you decide to change jobs to a different agency, the other agency may not accept you simply bc there is a pending incident report under your name in JPAS.
As for future clearances, it should not be an issue if DODCAF re adjudicates you from the self report and/or they do not find conflicting information in the court records or police report during the investigation if it is required at that time.
My advice for you is to keep all documentation of your self report so you have evidence Incase this comes up in the future for any reason.
In Virginia, it is 20 over posted speed limit or any speed at or over 80 MPH…
Assuming this is the only incident and ticket, you will be fine. I will suggest you to take driver improvement class if you haven’t done so. This will definitely help.
@Lilac mentioned something about incident report in JPAS. This is something you need to actively bug your FSO about it. Once the incident report is entered in JPAS, I believe it will show ur profile in red. This doesn’t mean much other than the incident report hasn’t been adjudicated. However, it will be problematic down the road, especially if you will be doing the work for different agencies. This is why I urge you to stay especially on top of it with your FSO.
Thank you guys for the thoughtful responses . It has helped me greatly to give me an idea of what may come of this from a clearance perspective.
I have started an online driving class (the class my lawyer recommended) and also wrote a brief report up for my FSO today detailing the incident, along with a copy of the ticket.
My FSO basically said much of what you all said, which is that the report will go into JPAS and it will show me as red until reviewed . I’m hoping it’s reviewed , that the ticket and report , as well as my overall file and background, is pretty straightforward and they re-adjudicate and remove the “red flag” from my status. He thought that this being a straight up TS and nothing like an TS/SCI, that it would hopefully would not cause a big uproar.
I’ll update once I get an update, and do my best to keep in touch with my FSO on the proceedings. Here’s hoping the Virginia courts have some leniency and drop this to a speeding ticket (unlikely, I know ).
At that speed I doubt it. But if you are a plus …maybe. You might get leniency completing the course and making clear you did a dumb thing. But act humble, accept the punishment no matter how steep the fine. That too helps; demeanor.
So just a brief update, my FSO submitted my self report write up and related documents. He has also come back to me asking for more information that I guess the DODCAF is looking for, such as driving improvement course info, court location , lawyer information, etc.
Is this this more indicative that it’s in the process of being adjudicated , or more evidence that this will lead to a detailed investigation where my status is in limbo for some time?
They are basically breaking it down kindergarten style. Enroll in a driver improvement course. Yesterday. These are mitigating steps a person ought take if they care about the impact on the cleared world. In doing so you demonstrate remorse, acceptance of guilt and the need to learn coping skills. All positive steps. I highly recommend doing it.
I have actually already completed the driving improvement course and am hoping to get some volunteer hours soon as community service. I’m hoping that the driving course, the self-reporting, and community service hours will convey that I am genuinely remorseful and trying to do everything I can at this point to correct my issue.
Outstanding. I think you are clearly showing that. Life, much like the cleared world isn’t always what is thrown at us, but rather, how we deal with it. How do we react to a normal life bump? I recommend actually going to court if you have a plus 5 license, acting humble and owning it. When I got a ticket for 6 over in a 25 mph zone, school zone, early AM school time…it could have been very bad. I was actually going 10 over so the officer was already cutting me slack and I knew that. He told me to show up in court and see if any aspect of it could be mitigated. It could be reduced or zero points, less fine, etc. And it would not be worse…so I went and watched each person make fools of themselves arguing with the judge. I pleaded guilty and embarrassed. And explained why I was embarrassed. The judge noted my demeanor, professional attire, humility, and plus record. I only paid court costs. Still stung my pocket book, but no fine, no points…
You should be fine with the incident. The only thing is they may not favorably re adjudicate until you have completed all court requirements and your case is closed. I could be wrong but that is essentially what happened in my case.
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