This means that it carries the same criminal penalties as reckless driving. The trooper believed that Jill simply lost control of her vehicle, and then she was struck from behind. Facing a reckless driving charge in Virginia? Some circumstances, such as racing, can bring even longer prison time. As a defendant, an attorney can help you navigate your criminal charge and represent you in Virginias court. In addition to speeding, reckless driving may appear in the form of passing another driver in an area or manner that is illegal to do so, such as in a no-passing zone or using the shoulder. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. For example, driving 20 mph or more over the posted speed limit or over 85 mph, regardless of how far over the maximum speed limit you were driving, can result in being charged with a reckless driving offense based on the speed alone. All rights reserved. Here are a few to consider: Aside from fines, jail, and license suspension, insurance premiums are a major concern for many drivers. Reckless driving is defined as driving with wanton disregard for the rights and safety of others or their property. In return, the court will offer you a plea deal for this much lower offense. But you will certainly need to speak with your clearance review officer to know the best route for your job security. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. The Code of Virginia defines reckless driving as "driving a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person." It is not necessary that someone surpass the speed limit to drive recklessly. Active jail time isnt typical for Virginia reckless driving cases, but some serious cases, such as speeding over ninety-five or one hundred mph, may result in a jail conviction. . A charge of reckless driving is a Class 1 misdemeanor, which carries these penalties: If reckless driving caused someones death, penalties can increase. Even if you were just fined, the other subsequent penalties could stay with you on your criminal record for years, not to mention other potential impacts on your life, like increased insurance rates. Youll have -6 points out of your Virginia your driving record. From our first meeting, he explained everything to me in terms I could easily understand and was extremely professional, knowledgeable and responsive. Save the client as much money as possible; and. Anywhere from a fine of below $100 to $2,500 and jail time from probation only to up to 12 months. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. Also, you can face a potential loss of license for a maximum 6 months. Because of the seriousness of Virginia traffic laws, drivers charged with reckless driving should speak with a Virginia traffic attorney who has experience defendingtraffic offenses. This is an informal hearing commonly known as arraignment. Reckless driving in Virginia refers to a way a driver handles a motor vehicle with an indifference to the safety of their or others' life, limb, and property and a disregard for the consequences of any actions resulting from this criminal behavior. What is Considered Felony Reckless Driving? People often consider driving under the influence (DUI) an act of reckless driving. How a Reckless Driving Conviction May Affect Your Security Clearance. A reckless driving charge is more serious than a traffic violation, with the driver even having to appear in court on a set date. In addition, a Virginia driver can be charged with reckless driving if they are driving in a way that police determine may endanger any persons life, limb, or property, regardless of the applicable maximum speed limit. three and six demerit points to your license. Factors that could convince a prosecutor or judge to reduce a charge include a clean driving record or a driver education course. Reckless driving in Virginia is a class 1 misdemeanor and carries a variety of possible punishments and serious long-term consequences. Thats because Virginia has some of the harshest reckless driving laws in the country. penalties for a reckless driving conviction in Virginia, What is considered reckless driving in VA. What defenses are available for reckless driving in Virginia? A new study paints a grim picture of American roads: every day, 20 people walk outside and end up killed by a moving vehicle. The Virginia reckless driving statute is defined under the Regulation of Traffic Code, which is in the statute as 46.2-862. They include, but are not limited to, exceeding the speed limit by 20 mph, driving over 85 mph . Exceeding speed limit: A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit. To give yourself the best chance of avoiding harsh reckless driving penalties, you should hire an experienced traffic defense attorney. And then of course you have to add on court costs, which are about $80. Jay is a very knowledgeable attorney, attentive, determined and handled my husband case with great professionalism and with the best interest. Other Activities Considered As Reckless Driving While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. Class 1 Misdemeanor. I always recommend calling your insurance company to find out. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. You will just receive a Virginia DUI conviction. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Your specific punishment for reckless driving will vary based on the facts of your case, your driving record, and the local judge who hears your case. If you need additional time, you can ask the court for a longer payment deadline. Aggressive driving is a little different than plain old reckless driving. For many people, traveling back to a Virginia courthouse may be incredibly difficult for whatever reason. the same criminal penalties as reckless driving. (11 years), Reckless driving - with an obstructed view (11 years), Speeding 20 mph or more above the posted speed limit (5 years), Driving under the influence of alcohol or drugs (11 years), Driving under the influence of drugs (11 years), Driving after illegally consuming alcohol (persons under age 21) (3 years), Driving while intoxicated - maiming (11 years), Involuntary manslaughter/alcohol (11 years), Driving while your license is suspended or revoked for driving while intoxicated (11 years), Driving while your license is revoked for driving while intoxicated - maiming (11 years), Driving while your license is revoked for driving while intoxicated - involuntary manslaughter (11 years), Involuntary manslaughter/aggravated (11 years), Driving after being declared a habitual offender (11 years), Authorizing person suspended for habitual offender and/or driving while intoxicated to drive (3 years), Driving while your license is suspended or revoked (11 years), Driving under suspension or revocation before giving proof of financial responsibility (11 years), Driving commercial motor vehicle while disqualified (*), Driving commercial motor vehicle with blood alcohol .04 or more (*), Driving commercial motor vehicle with blood alcohol .08 or more (*), Driving commercial motor vehicle under influence of drugs (*), Driving commercial motor vehicle under influence of drugs/alcohol (*), Refusing blood/breath test while operating commercial motor vehicle (*), Violating out of service order (11 years), Injuring person while racing - felony (11 years), Failure to stop at the scene of a crash - injury (11 years), Failure to stop at the scene of a crash - death (11 years), Failure to stop at the scene of a crash - property damage of $1000 or more (11 years), Emergency vehicle violation - death (11 years), Vehicular assault or willful stopping, impeding or damaging vehicle (11 years), Blocking access to service facility (11 years). Why then do attorneys claim that? As with license suspension, the final decision falls to the judge presiding over your case. Convicted motorists typically face up to six months in jail and/or a maximum $1,000 fine. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LjFzbFJrT2FQWHJv, failing to maintain control of your vehicle under Virginia code 46.2 853, reckless driving is a Class 1 misdemeanor. As such, a number of different actions can be considered reckless driving in Virginia. This can be as simple as driving aggressively or weaving and swerving. As you can see reckless driving in Virginia encompasses a lot of different statutes and these are only two of the 12 different versions of reckless driving in our state. Jay and his team are knowledgeable, caring, and skilled, and I would not trust my legal matters with anyone else. Driving too fast for the road or weather conditions Failing to give proper signal Improper control or faulty brakes Driving with an obstructed view Reckless driving in parking lots or similar locations Driving 20 mph above the posted speed limit in any area Virginia considers several infractions of reckless driving. In order to make a reckless driving charge stick, the state has to prove the following things beyond reasonable doubt: If the judge has a reason to doubt either of those facts, you can move to get your case dismissed. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Reckless driving carries the maximum number of demerit points for any offense in Virginia. The number of years that the conviction stays on your DMV record is in parentheses beside each violation. Once you reach 18 points, you may lose your license. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. However, you should still speak with an attorney to double check this information. How much are you looking at paying? As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Having an experienced attorney who knows how to lobby on your behalf effectively could be the difference between a criminal conviction and a finable traffic infraction. Great law firm. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. More subjectively, you may be at risk for a reckless drive charge if an officer deems you operated a vehicle faster than what would be considered safe under the existing conditions. If you have a vehicle that simply goes out of control and hits another car a lot of times the driver will end up charged with reckless driving failure to maintain control. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Instead, the maximum penalty for speeding is usually only a $250 fine. A reckless driving conviction can have a long-term impact on anyones life, both in terms of opportunities lost as a result of the license points and criminal record, and also due to the potential fines and jail time. While driving under the influence is certainly reckless and against the law, DUI court cases are viewed differently under VA law. UnderVirginia Code 46.2-852, reckless driving is defined as: irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.. What are the chances of reducing the ticket? An experienced attorney working on your behalf could have your charges reduced or dismissed outright. Reckless driving; general rule. I am a local, experienced traffic attorney who regularly handles reckless driving cases in the court in question. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. In that case, the officer will look at factors like your speed, weaving, tailgating, passing illegally or without enough room between vehicles, driving outside your designated lanes of travel, failing to yield right of way, and making rude hand gestures or using your vehicle as a weapon. How Much Does a Virginia Reckless Driving Lawyer Cost. But lets look at each one of the possible penalties. That varies depending upon the judge and many other factors, but 90 is not the normal jail threshold in my area. Because a reckless driving charge is a criminal offense, it results in more severe penalties than civil infractions. To best protect yourself from severe punishment, having an experienced attorney on your side is a must. That last violation seems like it would be a little arbitrary, and it is. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. 2023 The content on this website is owned by us and our licensors. Anyone who has been charged with reckless driving should reach out to a legal professional as soon as possible after the incident. And if the offense involved unlawful use of a cellphone while driving, there's an additional $250 fine. Youve probably been able to answer that you have no convictions. Make sure to attend both your first appearance (if applicable) and your trial date. Virginia Reckless driving (VA Code 46.2-852) Reckless driving; penalties (VA Code 46.2-868) Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person. He took the time to answer all my questions, address my concerns, and genuinely care for my best interests. Reckless driving under this statute is . The most common is reckless driving by speed, however, you could have reckless driving involving many different types of driving behavior, many of which result in a car accidents. Negotiating a favorable deal with the prosecutor is usually the first line of defense in reckless driving cases. By submitting your mobile number, you agree to receive text messages from regarding your subscriptions or other industry related information. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Jay has built a relationship with the prosecutors and judges ofAlexandria,Arlington, andFairfax counties and will tailor the best defense for you in any given situation. Many people from other states are surprised because in their state, speeding is simply an infraction with just a fine. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. We respond to all communications within one business day. You may want to discuss your pending case with your supervisor or Human Resources department to find out how a reckless driving conviction might affect your job. Virginia doesnt even allow expungement (erasing the records later on) if the court convicts you. This is because most states subscribe to the Interstate Drivers License Compact. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Passing a . Many people dont consider that to be reckless driving if you just go off the road by yourself and dont hit anyone else; however, in Virginia, that is considered a reckless driving charge. In Virginia, reckless driving is a misdemeanor charge meaning you could have a permanent criminal record if youre convicted and you could face even higher fines and jail time with reckless driving. Here are some defenses that may work for your case: After discussing your experience with you, I investigate to see whether any of these defenses apply. Will this stop you from getting or keeping a security clearance? Every moving violation carries a set number of points, either 3, 4, or 6. Confidential or time-sensitive information should not be sent through this form. This is one very good reason to speak with an attorney early in your case, as they know how to maneuver your case towards this outcome. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. It can encompass a wide range of behaviors, but generally, it refers to driving in a way that puts others at risk. However, multiple convictions could be seen as a judgment problem. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. We plead not guilty in court, and I cross-examined the trooper and other drivers. In cases where the judge suspends your drivers license, he can authorize a restricted license. Some areas of Virginia do use 90 mph as a jail threshold, but its important to understand that every case differs. If youre still unsure of whats considered reckless driving, some examples may help. It is within your best interest to hire an attorney who knows how to fight for your rights in Virginia courts. Class One misdemeanors come with a maximum fine of $2,500 and the possibility of jail time for up to 12 months, so it is serious. Attorney fees vary per case and depend on several factors (e.g. It doesnt happen in the average reckless driving case, but its always possible, especially in higher-speed cases. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. However, you should note that youll never receive a ticket for improper driving.. People convicted of reckless driving in Virginia may have their license suspended for up to six months, during which they are prohibited from driving. With reckless driving in Virginia, it is important to understand that you are facing a potential loss of license, high fines, and even jail time. Code of Virginia 46.2-852 defines reckless driving as behaviors that endanger both the active driver and other parties - drivers, passengers, pedestrians, and cyclists - on the road. By sending this message, I also agree to the terms in this disclaimer. Additionally, reckless driving will stay on a persons permanent criminal record, which they cannot expunge. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Jacob is the Managing Partner of Tingen Law. Reckless driving is not only a traffic infraction under theCode of Virginia 46.2-868, but it is also a Class 1 misdemeanor. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: Using these laws, as well as other, more specific sections in the statute, Virginia judges can punish a wide variety of unsafe driving habits as reckless.. A skilled reckless driving VA attorney can examine the facts in your case, determine whether to pursue a limited driving license and guide you through the process. The most common is reckless driving by speed, however, you could have reckless driving involving many different types of driving behavior, many of which result in a car accidents. When Virginia DMV gets a record of a moving violation conviction, they assess demerit points against you. [VIDEO]What is the Difference Between Reckless Driving and Improper Driving? Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. In short, I would highly recommend Scrofano Law to anyone in need of a reputable attorney. Jay is the best attorney I have ever worked with. Reckless driving; general rule. If the date is further out, then it is likely your actual trial date. Good question. These potential issues leave some gray area concerning what constitutes recklessness, which is why it is important to remain vigilant while on the road. In many situations, whether you are charged or given a Virginia reckless driving ticket depends on the specific law enforcement officer who pulled you over. Depending upon all the facts of the case, an average reckless driving fine could be in the neighborhood of $300 to $1,000. A driver license suspended for up to 12 months. Contact me today to get started on your reckless driving defense. wistiaEmbed = Wistia.embed("ntg434e14h", { Reckless driving laws vary state by state. Searching for an attorney who'll vigorously represent you and defend your rights? Jury duty can sometimes be a confusing process filled with forms and bureaucracy. Its jam-packed full of answers for your case. If we can't help, we'll do our best to connect you with someone who can. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license.
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