Virginia Reckless Driving Lawyer
A Virginia reckless driving ticket can have a serious impact on your life if it is not defended aggressively.
Many people are unaware that a reckless driving ticket in Virginia is far more serious than a normal traffic ticket. Regardless of whether your Virginia citation was due to a temporary disruption of concentration, a wrongful charge for a standard traffic violation, or a grossly unfounded charge, you will be penalized with a fine of up to $2500 in fines, a suspended license for up to 6 months and a possible active jail sentence. Moreover, the consequences do not end with those imposed by a judge. A Virginia reckless driving conviction is almost certainly going to result in a drastic increase in your car insurance premiums, as well as a criminal record that could affect your ability to find a job, training, or even a home in the future.
Whatever your case may be, you should consider contacting one of our Virginia reckless driving lawyers to start building a defense and protecting your rights.
Elements of reckless driving in Virginia:
Reckless driving in Virginia is defined by State Code Section 46.2-852. Under this law, operating a vehicle on a highway is considered to be reckless if it endangers "life, limb, or property" or at a speed that is also considered reckless. If a police officer thinks you are driving recklessly, you will be stopped. When it comes to the speed, the charge is usually given as a reckless driving by speed, pursuant to Virginia Code 46.2-862.
Reckless driving by speed in Virginia is generally considered as traveling at a speed of approximately 20 miles per hour above the specified maximum speed or above 80 miles per hour, regardless of the specified maximum speed. Drivers may also be charged with reckless driving if they travel too fast for road or weather conditions, operate a vehicle without properly adjusted brakes, or travel past an emergency vehicle where the light or siren is on.
Virginia Code 46.2-864 also prohibits reckless driving in areas other than roads and highways, including: A motorway that is currently under construction, even though it is currently closed to the public the premises of a company that aims to provide parking space for employees, customers and customers. A driveway or a parking lot of a company, a government building, a recreational facility, a school or a church.
Penalties
The Code of Virginia section 46.2-868 defines the penalties for reckless driving offenses. Under the Virginia Code, a person found responsible for reckless driving will receive a Class 1 misdemeanor conviction on their record. This is the same classification that is applied to individual who have been convicted of DUI,marijuana possession, and simple assault. Penalties associated with a Virginia Class 1 misdemeanor charge include a maximum fine of $ 2,500 and imprisonment of up to one year. It is also possible that your driver's license may be suspended for a period of up to six months. In addition, six demerit points will be placed on your DMV record. An experienced reckless driving Virginia Criminal Lawyer will examine the details of your case to prepare for a strong defense.
Some of the questions a lawyer can bring to justice to defend your innocence are:
Have other witnesses witnessed your alleged reckless driving offense in Virginia?
What proof do you have?
Are they credible?
Has the law enforcement officer duly followed the police's rules and procedures before detaining and / or issuing a ticket?
Has his radar or speedometer been properly calibrated?
Was the speedometer calibrated correctly?
Have you been forced to act recklessly due to an emergency situation?
Was your charge an improperly labeled emergency vehicle or a vehicle that does not display emergency lighting?
Apart from this alleged offense, do you have a clean driving history?
What points are raised by the prosecution and how can they be refuted on the basis of the facts of your case?
A person may also be subject to additional penalties if it is determined that they are in possession of and have access to a radar detector or jammer in their vehicle.
If you have been found guilty of reckless driving under Virginia Code 46.2-868 and your reckless driving has led directly to the death of another person or you have been driving whilst your license was revoked or suspended due to a past offense, you may be convicted of a class 6 felony crime as opposed to a class 1 misdemeanor offense. Felony criminal charges are more serious than charges of misdemeanor. That's why it's critical to secure the services of a Virginia reckless driving lawyer with a long history of success. Penalties associated with Virginia class 6 felony criminal offenses may include imprisonment between one and twenty years and one to three years in prison.
