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HAVE YOU BEEN CHARGED WITH RECKLESS DRIVING IN VIRGINIA?
Virginia has strict traffic laws. If you are convicted of any major traffic offense, it can result in jail time, monetary fines and loss of driving privileges. Reckless driving is considered a criminal traffic offense in Virginia. It is important to consult with a Virginia criminal defense attorney to determine what mitigating factors might apply in reducing a reckless driving charge. You can cited for reckless driving if a law enforcement officer believes you were driving in a way that endangers life or property. The two types of reckless driver charges that are most often charged are the general reckless driving and reckless driving related to speed. Virginia Code § 46.2-852 provides that a person commits reckless driving if they drive on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property. Here are some examples of reckless driving:
A lot of reckless driving citations are due to speeding. Speeding in excess of 20 mph over the speed limit or over 80 mph is expressly designated as a reckless driving offense under Virginia Code § 46.2-862. Reckless Driving PenaltiesReckless driving in Virginia is considered a Class 1 Misdemeanor. It is considered a criminal offense (not an infraction) and will result in 6 points on your driving record, a potential fine of up to $2,500, and up to 12 months in jail. A reckless driving conviction can also result in a 6 month suspension of your driver’s license or a six month suspension of your privilege to operate a motor vehicle in Virginia if you are from out of state. If you are from out of state, Virginia DMV will report the suspension to the state where you are licensed. Most states honor these suspensions and will concurrently suspend your license when Virginia notifies them. Most jail time will result when you are charged for going over 90 mph and is almost certain when you are charged with driving over 100 mph. Defenses for Reckless DrivingIn defending your reckless driving charge, we often will seek to reduce the charge to an infraction (a non-criminal offense). Virginia judges have the discretion to reduce your charge to “improper driving”. Improper driving is a minor traffic infraction that brings with it a fine of not more than $500. Further, this infraction is not a criminal offense so you will not have a criminal conviction on your record nor will your receive jail time. Sometimes a judge will allow a reckless driver charged with speed to attend a driver improvement program. Once you successfully complete the program, the charge will be dismissed. It may also be possible to get the offense reduced to a simple speeding ticket instead of reckless driving. We will aggressively pursue the complete dismissal of the charge or alternatively a finding of “not guilty.” If you are facing reckless driving charges in Virginia, you need to speak with an experienced traffic defense attorney to protect your driving privileges, avoid possible jail time and prevent a blemish on your criminal record. The criminal defense team at Pirsch & Associates will evaluate all of the evidence and assess your options so contact us to schedule a confidential consultation at 703-548-5182 or visit us in person: Pirsch & Associates, PLLC Our lawyers serve the needs of traffic defense clients in Northern Virginia. We provide convenient payment terms via credit card and even flat rates in some cases. We are ready to be a zealous advocate for your rights! |
