What is Reckless Driving In VA
The biggest mistake you can make with a reckless ticket in Virginia is to treat it like a normal traffic ticket. Virginia courts punish reckless driving as a Class 1 misdemeanor offense. This means that a successful conviction can lead to imprisonment, heavy fines and even loss of your license. This is particularly difficult for out-of-state drivers, who often have to fight the charge from hundreds of miles away. A reckless ticket, however, is not the end of the world. Being proactive in your defense can go a long way, especially in cases of recklessness due to speed.
When you call us for help, we will help you get the answers to all these questions
What is reckless driving?
What are the consequences of reckless driving conviction?
Sanctions for drivers outside the state of Virginia?
How do I fight a reckless ticket in Virginia?
What is reckless driving?
The Virginia Code defines a series of acts as reckless driving. While there are several reckless driving laws in the Virginia Code, most reckless driving charges fall under one of three different laws:
VA Code 46.2-852 - Drive a vehicle to the detriment of others, regardless of speed.
VA Code 46.2-853 - Failure to maintain control of a vehicle, including improper
Maintenance of safety equipment such as brakes.
VA Code 46.2-862 - Driving more than 20 mph over the speed limit or faster than 80 mph regardless of the posted limit.
Under these laws, as well as other, more specific sections of the law, judges in Virginia can punish a variety of unsafe driving habits as "reckless." Examples of other forms of reckless driving include sleepy driving, overtaking a stopped school bus, and drag racing.
Reckless Driving: A General Charge
Rash driving is one of the most frequently accused traffic crimes in Virginia, usually due to speeding. However, in contrast to normal traffic violations, Virginia courts treat rash operation of a motor vehicle as a Class 1 misdemeanor offense. This means that in the eyes of the court, rash driving is treated as seriously as an assult, impersonating a police officer and certain forms of arson. This essentially means that a Virginia reckless driving ticket can not be eliminated by simply paying for a ticket. As a criminal complaint, you must hire a virginia criminal lawyer and be prepared to defend yourself from the citation in court.
In general, there are four issues to consider in a reckless ticket:
Is your ticket actually for reckless driving?
When (and where) is your court date?
What happened during your stop?
What are the chances of reducing the ticket?
Understand the ticket:
Traffic stops can vary greatly depending on where you are in Virginia. Because of this, you may have difficulty finding out if your ticket is for speeding or rash operation of a motor vehicle. If you have any questions during the stop, contact the officer who issued the ticket. However, if you still do not understand something after trying to talk to the officer, you can check in a few steps whether the Virginia uniform summons is for rash operation of a motor vehilce:
First, look at the "Charges" or "Law" part of the Virginia uniform summons ticket. All codes between Virginia Code 46.2-852 and 46.2-869 or the letters "RD" may mean that the VA uniform summons is intended for rash operation of a motor vehicle. If you have been stopped by an officer for speeding, be sure to note the speed indicated on the ticket. Anything that is more than 20 miles above the speed limit, or more than 80 miles per hour, may indicate that the VA uniform summons is for rash operation of a motor vehicle.
In some counties, an officer may scratch out the pre-payment information on the ticket to make sure you understand you cannot prepay the citation and you have to come to court. This is not true everywhere in Virginia.
Understand your court date:
Once you're sure that your citation is for Virginia reckless driving, it's time to check your court date. The date on your ticket can be one of two things: a date within a few weeks, or a date a few months away. If the court date on your ticket is within a few weeks of the incident, this is generally your "date of first occurrence". This is an informal hearing, commonly known as indictment. During this hearing, the judge will tell you the date of your hearing and inform you of your rights. If you qualify for a court-appointed attorney, you will also be informed of this by the judge on that day. If the date is further away, it's probably your actual trial date. At that time, you must have either hired a Virginia reckless driving lawyer or spoken with your court-appointed lawyer about your case.
Virginia reckless driving charges are prosecuted in the General District Court of the city or county where you were received the citation.
