Stamford Reckless Driving Case Process
There are many things that an individual should expect to occur throughout their Stamford reckless driving case process. Generally, the first thing that an individual will have to do is go to court on the date that is listed on the ticket to appear.
The steps that follow are often complex and require the assistance of an experienced attorney. To best understand how to legally proceed with your Stamford reckless driving case, be sure to consult with an experienced Stamford traffic lawyer as soon as possible.
Consulting an Attorney
If an individual does not have an attorney when first appearing in court, they will have an extra 10 days before they must appear.
If they go with an attorney on the first day, they will normally have to go to court two or three more times after that.
Admission to a Court Program
Technically, a reckless driving summons is an arrest. Most people do not realize that. If the driver has never been arrested before, an attorney will try to get them into a court program to accelerate the rehabilitation. Once they complete that, the court will drop the charge.
In court, the attorney will make an application to the judge to let them into the program. The judge will give them a new court date and between that date and the new date, and the court will run a background check to make sure that the driver has never used a program before.
When the person goes back on the second court date, the court will tell them that they are eligible for the program. That is when the attorney will make an argument to the judge about why the charge is a mistake, why their client deserves a chance, and why they should be granted a program.
The driver, if granted the program, will not have to go back for the dismissal. Sometimes, they will see their attorney and make an argument to the judge about why they should be entered into a program, but other times, they are able to get them dropped without having the use of a program.
To understand the relevance of a court program in your Stamford reckless driving case process, an individual should not hesitate before contacting an experienced lawyer.
Existence of an Arrest Record
In Connecticut, there is an erasure statute that says that once a person’s Stamford reckless driving case is dismissed, an individual can testify or swear under oath that they have never been arrested. Technically, they have not been arrested if their case is dismissed.
If they are on a federal background check or if they are applying to college and asked if they have ever been arrested, they need to say that they have been arrested. However, technically, in Connecticut, once a case is dismissed, the person has never been arrested.
Erasing the Record
The erasure of a person’s arrest record is automatic. It occurs 20 days after the case is dismissed. There is a statute that says that the court and the police department that issued the arrest must destroy all records. It is statutory.
Sometimes, people do not trust the court to do that. Attorneys will file extra motions to the judge to have everything erased and destroyed following the Stamford reckless driving case process. They will give that to the police department to make sure that they do so.