Well, I guess I can qualify as a POA veteran, because I've gotten into a legal debate with Ron.
I took the weekend off from the Internet, and in the mean time, I see that there has been quite a lot of discussion here on this topic. First I want to clear up a few things: I am not the OP, I have never been charged with reckless driving, I do not have an attorney (nor have I consulted one on this topic), nor am I an attorney. I am, however, someone with significant professional experience with the traffic laws of Virginia, how they are enforced, and the interaction between the General District Court (which hears cases involving traffic infractions and misdemeanors) and the state DMV.
I'm going to try one more time to explain how the Virginia Demerit Point System works, and why I do not think voluntary traffic school is reportable for Virginia residents. Please use the sources I cite to draw your own conclusions, and decide what is right for you.
The original OP asked about reckless driving, which is a huge PITA in Virginia. There is a cattle call of offenses that can get you charged with reckless driving in Virginia, including passing someone on the top of a grade or at a curve, passing two abreast, and even failing to use turn signals. The one that gets most people is
46.2-862, which automatically gives you reckless driving if you are exceeding the speed limit by more than 20MPH, or traveling at a speed in excess of 80MPH, regardless of the speed limit. The penalties for reckless driving are severe. First, you
must appear in General District Court - there is no prepayment option. In Virginia, reckless driving is a
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-868class 1 misdemeanor, and the penalties for a class 1 misdemeanor are up to 12 months in jail, and a $2500 fine. In addition,
46.2-392 states that your license may be suspended for up to six months if convicted for reckless driving.
The only case where the court may compel someone to attend any kind of class is also contained in
46.2-392. If the reckless driving charge is alcohol or drug related, the court may compel the defendant to attend an alcohol safety program.
First point: if a person was convicted of reckless driving related to drugs or alcohol, and was compelled by the court to attend a alcohol safety program, this would clearly be reportable to the FAA.
The Virginia code relegates the entire demerit point system to the DMV.
46.2-492 defines the system, and lists specific point values for 15 traffic offenses. All other offenses are left to the Commissioner of the DMV to assign a point value. The
points assessed per conviction are set by the DMV. The court does not ever compel you to attend driver improvement training as part of any standard traffic offense (speeding, etc.), nor can they offer to reduce the fine or points if you attend. The only case where you can be compelled to attend is if the DMV orders you to do so, which they will do if you accumulate enough demerit points. The thresholds and other rules are found in
46.2-498. Note however, that this is the DMV compelling you to do so, not the court, and so the only consequence of not attending is that your license is suspended. This is not
court-ordered, so there are no additional court fines or other legal penalties.
Second point: If you get enough speeding tickets that one of them triggers the process specified in 46.2-498, you have to report that to the FAA, because now the DMV is compelling you to attend, in order to keep your license.
The way it works in Virginia is that if you are found guilty (or admit guilt and pre-pay) for a standard traffic code violation (NOTE: reckless driving does not fit this description, as it is a criminal misdemeanor, not a violation of the traffic code), the judge has no ability to change your punishment. The punishments for standard traffic offenses are pre-set. The General District Court has a schedule of fines, and the DMV has a schedule of demerit points. The only way that the judge can affect your punishment is by reducing the charge. This is pretty common, for example, a person who was speeding 10-14 MPH over the limit (a 4-point violation) can get convicted of 1-9 over (a 3-point violation) by begging for the court's mercy.
Note something important about the above example. The judge can't find you guilty of speeding 10-14, and offer you a deal where they only assess 3 points. In order to give you a break on the points, they have to reduce the charge that you are found guilty of.
So, if you are found guilty, the record goes to the DMV, who assess the preset number of points on your record. In Virginia, an individual's point balance can be either negative or positive. Drivers earn one positive point for each year they do not get a ticket. A driver can also get positive points for attending a state-approved driver improvement course. But if you do so, this shows up clearly on your record as two transactions: one where you get negative points for whatever infraction you were found guilty of, and one where you get positive points for attending the driving school. You can also attend driving school independent of an infraction, just for the purpose of increasing your positive point balance. And if you do want to "offset" negative points received due to a conviction, you can do so at any time, 1 month, 1 year, or 5 years after the conviction. In short, the points system is completely separate from the judicial system, and except in very limited (and specifically described in the state code) circumstances, the judge can not "sentence" you to traffic school.
Third Point: Except in limited circumstances, the courts can not sentence you to a
mandatory driver improvement course. The fact that the point system is not administered by the court, that the court reports infractions to the DMV regardless of your intent to attend a school, and that school attendance is optional for all drivers (wether convicted of a traffic offense or not), all support the assertion that traffic school is not reportable for Virginia drivers.
Here's the final wrinkle: The court can offer to
postpone the verdict until after you attend traffic school. If they do so, the verdict is not rendered at the initial trial. You are given 90 days to complete a traffic school, and you must reappear in court. At the second trial, you give your evidence to the judge that you completed the school, and if the judge is satisfied, they will dismiss the charge. This is different (in my opinion) than a plea-bargain which reduces the points in exchange for attending traffic school. The Chief Counsel uses the language "severe enough to result in mandatory educational/rehabilitation program" in the opinion quoted below. I'm doubt he would consider traffic school in exchange for dropping a 10-14MPH over the limit speeding ticket "severe".
Fourth Point: Agreeing to attend driver school in exchange for a dismissal is not "mandatory" and does not need to be reported to the FAA. Such a decision is "voluntary" and, per the opinion quoted below, does not need to be reported.
If you've stuck with me this far, thanks. Ron, I understand your perspective, but I disagree with it. I hope this doesn't make me a less intelligent aviator in your opinion. I will comply with whatever the FAA requires, but I have no intention of providing them one ounce of information more than that which they require, and I think I've done an exhaustive review of their requirements and Virginia law,
and I have formed my opinion, including your feedback, and that of others. Other aviators are free to agree with me, or disagree with me.
