what is considered reckless driving in vawhat is considered reckless driving in va

Make sure to attend both your first appearance (if applicable) and your trial date. You were driving on the day of the offense. Because reckless driving is a criminal misdemeanor, not a traffic violation, an appearance in court is required; this is not a charge that can just be dealt with through the mail. If you face Virginia reckless driving charges as a resident of another state, the process for fighting your charges will be different than that of a Virginia resident. Hiring an attorney certainly costs some money upfront, but avoiding a reckless driving conviction could easily save money in the long run. Under Virginia 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.". In Virginia it is unlawful to operate any motorized vehicle without a valid drivers license. If you have any questions during the stop itself, ask the officer who issued you the ticket. The judge found there was reasonable doubt that Jill drove recklessly, and Jill was found not guilty! In some states, speeding in a school zone is considered reckless driving. Well outline the basics of each of these penalties below. Setting up the right kind of annuity will help you have the retirement you hope for. VA Code 46.2-852 Driving a vehicle in a way that endangers others, regardless of speed. Reaching out to a trusted criminal defense attorney can help mitigate these potential impacts. three and six demerit points to your license. 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. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. Reckless driving may be charged for a number of infractions, such as running a red light, speeding, or passing a stopped school bus. However, this is only possible in certain circumstances and may not be available to you if you have many traffic infractions. 46.2-852. [VIDEO]How Often do People Get Jail for Virginia Reckless Driving? That is only 11 mph over the speed limit. More common VA reckless driving charges include speeding over 80 mph, speeding 20 miles per hour over the speed limit, street racing, and driving too fast for the current highway and traffic conditions. There are three levels of security clearances: confidential, secret, and top secret. I-95, I-81, I-66, Dulles Airport Toll Road, and Dulles Greenway each tend to produce a larger number of reckless driving charges by speed. Losing your CDL could severely impact your job and your life. Having the best reckless driving lawyers from Coastal Virginia Law Firm by your side can help ensure that you face minimal penalties for a reckless driving conviction directed at youif not none at all! Dont risk your future. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Then turn to The Coastal Virginia Law Firm and engage an attorney with years of courtroom litigation experience! Save the client as much money as possible; and. A regular speeding ticket for 1-14 mph over the limit only increases premiums by 10.62% on average. In addition to criminal penalties, a Virginia reckless driving conviction may result in punishments by the Department of Motor Vehicles (DMV). YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LjFzbFJrT2FQWHJv, failing to maintain control of your vehicle under Virginia code 46.2 853, reckless driving is a Class 1 misdemeanor. To use standard view, enable JavaScript by changing your browser options, then try again. This field is for validation purposes and should be left unchanged. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. This means that if you are convicted of reckless driving in Virginia, you will have a criminal record, and you may face hefty fines and jail time. This is an informal hearing commonly known as arraignment. Criminal defense and traffic attorney Jay P. Mykytiuk can help if you have been charged with reckless driving Virginia. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. If the court convicts you and you have a Virginia license, DMV will assess 6 demerit points. CASE OUTCOME: DISMISSED! Failing that, trying the case, or convincing the judge to reduce the charge is a defendants last hope. And if the offense involved unlawful use of a cellphone while driving, there's an additional $250 fine. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. By providing the officer on scene with additional details, you increase the chance of self-incrimination. Your conviction will stay on your driving record for 11 years. In Virginia, if you drive faster than 80mph, you will be charged with reckless driving. Again, discussing these options with an experienced attorney is your best protection. It doesnt happen in the average reckless driving case, but its always possible, especially in higher-speed cases. While frowned upon, speeding in Virginia is simply a traffic infraction that typically results in nothing worse than a moving violation ticket. There are federal repercussions that result from serious driving violations convictions, reckless driving included, and punishments from the State of Virginia. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Some companies have rules that require terminating employees based on their driving records alone. You always look for a way to help your clients. 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. Speeding vs. Reckless Driving Penalties for Transferring Firearm to Prohibited Person in Virginia New Change to Grand Larceny in Virginia What Is Considered Reckless Driving In Virginia? As such, a number of different actions can be considered reckless driving in Virginia. Lexington 540-462-3863 Petersburg 804-835-5127 Negotiating a favorable deal with the prosecutor is usually the first line of defense in reckless driving cases. A driver who fails to yield when another vehicle has the right of way may also be described as reckless, as could someone who engages in dangerous vehicular activities such as doing donuts in a parking lot or drag racing. If you have been charged with reckless driving, a skilled criminal defense attorney may be able to fight for reduced penalties based on the circumstances of your situation. Our special report about driving on suspended explains six critical issues to possibly fight in your case. I am a local, experienced traffic attorney who regularly handles reckless driving cases in the court in question. I always recommend calling your insurance company to find out. Fortunately, license suspension is similar to jail time. But, if you were convicted of felony reckless driving, you could spend up to five years in prison and pay a fine of up to $2,500. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. The Virginia Code defines a number of actions as reckless driving. Reckless driving under this statute is . A driver who fails to yield when another vehicle has the right of way may also be described as reckless, as could someone who engages in dangerous vehicular activities such as doing donuts in a parking lot or drag racing. For example, driving over 80 mph or driving 20 mph or faster than the marked speed limit is considered reckless driving. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. 1.1. [VIDEO] Should You Prepay Your Virginia Reckless Driving Ticket? The following is what you need to know regarding what constitutes reckless driving and penalties associated with a conviction. Aggressive driving is a little different than plain old reckless driving. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. In most cases, law enforcement will give more leeway to drivers who display aggressive behavior when it is an accident, such as not yielding to other cars in a crowded parking lot and causing a collision. That varies depending upon the judge and many other factors, but 90 is not the normal jail threshold in my area. A reckless driving attorney is prepared to appropriately address any evidentiary, constitutional, and procedural process in your case. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. If you have any questions about the court date you should reach out to the Clerk of the court. We provide transparent flat fees and flexible payment plans in most cases. Depending on the specific facts of the case, it may be charged as a Class One misdemeanor or a felony. Overtaking or passing any other vehicle proceeding in the same direction at any highways or railroad crossing intersection. How Long Does a Speeding Ticket Stay on Your Record in Virginia? Some circumstances, such as racing, can bring even longer prison time. Instead, the maximum penalty for speeding is usually only a $250 fine. 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 Reckless driving and speed. In fact, I wrote the book on how to defend against reckless driving charges. First, look at the charges or law section part of the ticket. 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. If convicted, youll usually receive a relatively large fine. Schedule your consultation today and lets talk about what we can do for you! Many people ask me what speed is considered reckless driving in the state. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. (Cases depend upon unique facts. Reckless Driving Misconceptions and Mistakes. The main reckless driving statute in Virginia can be found in the Code of Virginia section 46.2-852. The Virginia reckless driving statute is defined under the Regulation of Traffic Code, which is in the statute as 46.2-862. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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.. 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. 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. If you are convicted of a severe third driving violation in those three years, your CDL could be suspended for 120 days. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. By submitting your mobile number, you agree to receive text messages from regarding your subscriptions or other industry related information. Other Activities Considered As Reckless Driving To best protect yourself from severe punishment, having an experienced attorney on your side is a must. 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. The convicted driver can also face a suspended license for one to three years. What will a reckless driving conviction do to your insurance premiums? Will this stop you from getting or keeping a security clearance? However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. The courts where I practice (primarily Fredericksburg, Stafford, and Spotsylvania) typically do not impose jail time until at least 95 mph and usually only at 100 mph (or 30+ over the speed limit). Convicted motorists typically face up to six months in jail and/or a maximum $1,000 fine. A new study paints a grim picture of American roads: every day, 20 people walk outside and end up killed by a moving vehicle. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. Prevent the charge from negatively impacting the clients life. However, a reckless driving charge is different from many other moving violations; while the majority of automobile-related charges are infractions, or acts prohibited by law that are not crimes, reckless driving in Virginia is a criminal matter. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. If you receive a speeding ticket or other charge, get in touch with a reckless driving lawyer from Coastal Virginia Law Firm immediately to get the help that you need. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. If an attorney can prove that the vehicles speedometer was faulty or that a law enforcement officers radar gun was not calibrated, the case may be dropped or the penalties reduced. 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. Then I can work with you to present a persuasive defense. Anyone who operates a motor vehicle agrees to abide by a set of laws governing how automobiles are used on the road. We invite you to contact us and welcome your calls, letters and electronic mail. Good question. People often consider driving under the influence (DUI) an act of reckless driving. General reckless driving, which means you have been judged to have driven in a manner that risked the life, limb or property of someone else for any of a number of reasons not noted specifically in the other listed violations. A skilled criminal defense attorney can work with you to reduce the penalties of a reckless driving charge. In this case, the punishments are the same. Message & data rates may apply. In Virginia, reckless driving is a crime rather than a minor traffic infraction. This means it can have an effect on background checks and on your insurance premiums for your car, even if you arent licensed in Virginia. 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. In Virginia, reckless driving is a Class 1 misdemeanor. 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. There have been several attempts by legislators to change the reckless driving statute due to this increase in the speed limit; however, those attempts have failed and so the law remains. All Rights Reserved. However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. Reckless driving is a misdemeanor offense in Virginia. However, you should still speak with an attorney to double check this information. What are the chances of reducing the ticket? Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. If youre charged with reckless driving in Virginia you definitely need to learn more about the specific charge that youre facing and consult with me. The entire group was efficient, effective, and professional throughout the entire process. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Its kind of used as a sort of catchall statute in that regard. Article Article 7. The maximum penalties for a reckless driving conviction in Virginia are: What is considered reckless driving in VA? This may arise by performing certain acts such as passing someone in a no-passing zone, but it also includes driving over the posted speed limit. Driving too fast for highway and traffic conditions Speeding over twenty miles per hour (MPH) over the speed limit Endangering a person or property on driveways or parking lots open to the public Failing to yield the right-of-way Yes, jail is a possible punishment for Virginias reckless driving. 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. Virginia law mandates that in this case, a penalty can rise up to 20 years in prison, while a mandatory minimum is one year served. Additionally, because reckless driving is a criminal charge and will appear on your criminal record, a conviction could impact your ability to get certain jobs or rent in certain places. His team, including Yagas and Fernando, were a pleasure to work with and consistently provided top-notch communication and support. If your license was suspended or revoked when you were caught driving recklessly, you could also be charged with a Class 6 felony. They can research your situation, negotiate with judiciary officials, and prepare to win in court; they can also arrange a plea agreement for a lesser charge and appear in court on your behalf. First, depending on your district, you should commit to performing community service before your trial date. What are the Consequences of a Reckless Driving Conviction? If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. I argued that Jills version of the accident was plausible and that the other driver may have caused the entire accident himself. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Just by receiving the reckless driving ticket, youve been charged with a misdemeanor. 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. If you are guilty of drug or alcohol use while driving, the court wont charge you with both reckless driving and DUI conviction. For many people, traveling back to a Virginia courthouse may be incredibly difficult for whatever reason. the same criminal penalties as reckless driving. Depending upon all the facts of the case, an average reckless driving fine could be in the neighborhood of $300 to $1,000. Copyright 2021 JPM Lawyer. These potential issues leave some gray area concerning what constitutes recklessness, which is why it is important to remain vigilant while on the road. But you will certainly need to speak with your clearance review officer to know the best route for your job security. February 8, 2021 by Law Offices of Kermit A Monge PLLC. If you just received a reckless driving ticket, DO NOT just show up to court and plead guilty, hoping to pay a fine. The trooper believed that Jill simply lost control of her vehicle, and then she was struck from behind. However, the most common reason for a reckless driving charge is speed. Class 1 Misdemeanor. 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. If you hold a CDL and face a serious moving violation charge, like reckless driving in Virginia, be sure to get in touch with an attorney immediately. Even if you live in another state, you might have to show up in the Virginia court listed on your ticket on your assigned day. They include, but are not limited to, exceeding the speed limit by 20 mph, driving over 85 mph . Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Importantly, you don't get to have a jury trial in these courts (that's a possibility on appeal). 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. This can be as simple as driving aggressively or weaving and swerving.