2nd Jan 2012
If found guilty of reckless driving in General District Court (this is the court where all reckless driving cases are heard in addition to other civil, traffic and criminal matters), a defendant has 10 days to appeal the decision. If appealed, a de novo trial (i.e. a brand new trial) will be heard in the higher court, Circuit Court. The trial at the Circuit Court can be in front of a judge or a jury. Either the Defendant or the Commonwealth Attorney (Prosecutor) can opt for a jury to decide the case. At the trial, the Commonwealth would have to again establish beyond a reasonable doubt the elements of whatever reckless driving offense a defendant has been charged with.
Whether to appeal a reckless driving conviction to Circuit Court is something that can be discussed with Law Offices of John Naumovski as there are risks and benefits to appealing a conviction.