In Virginia, reckless driving may constitute a number of different driving behaviors. The most common driving behaviors that leads to someone being charged with reckless driving are exceeding the posted speed limit by more than 20 miles per hour, or driving more than 80 miles per hour regardless of the posted speed limit. This is Virginia Code Section 46.2 – 862, also known as reckless driving by speed.
If you are accused of this, or any other type of reckless driving, it is imperative you seek the counsel of a Leesburg reckless driving lawyer as you are facing a criminal offense and not just a simple traffic infraction.
A defense attorney in Leesburg can provide assistance and ensure that the harm against you and your license is minimized as much as possible. They will tell you what you should expect about such a case and how to craft a strong defense. Call today to learn more.
If you are charged with the offense of reckless driving, you are typically given a Virginia Uniform Summons requesting that you appear in court. The summons is the charging document instead of a warrant of arrest. You are still facing a potential class 1 misdemeanor, however, even if you are released on a summons.
Because a reckless driving charge in Leesburg is actually a Class 1 misdemeanor and not a traffic offense, local officials will seek to prosecute these cases very intensely. In Virginia, all Class 1 misdemeanor offenses are punishable by up to 12 months in jail, a fine of up to $2500, or a combination thereof.
In addition, if you are charged with the offense of reckless driving pursuant to Virginia Code Section 46.2-862 or any of the other 13 or more specific driving behaviors that are codified in Title 46.2, you face other consequences as well.
These other potential penalties include up to six months loss of your driving privileges and negative six demerit points on your Virginia DMV record for a period of 11 years making it imperative a reckless driving lawyer in Leesburg is contacted as soon as possible.
There are many different ways in which you may be charged with reckless driving. There are at least 13 different driving behaviors that have been criminalized as reckless driving pursuant to the Code of Virginia and warrant attention from a Leesburg reckless driving attorney. Code sections for reckless driving are found in Title 46.2 and Sections 852 through – 868.
Some of the most common ways that a person may be charged with reckless driving include driving too fast regardless of the posted speed limit, failing to maintain control of their vehicle resulting in an accident or driving a vehicle with improper brakes, passing on a double yellow line, passing on a crest or a curve, passing a school bus performing the function of loading or unloading children, passing an emergency vehicle or in certain circumstances burning out or spinning tires in a parking lot.
A traffic ticket, also known as traffic infraction, is an offense punishable by a maximum penalty of a $250 fine. On the other hand, reckless driving is a serious Virginia criminal offense punishable by up to 12 months in jail and a $2500 fine, or a combination thereof.
In addition, there are more serious consequences for a Virginia reckless driving charge than there are for traffic infractions. Traffic infraction may carry negative three, negative four or negative six for a certain period of time in Virginia Uniform Demerit System as governed by the Virginia DMV. Reckless driving offenses on the other hand will always carry the highest demerit points, a negative six and for the longest period of time which is 11 years.
Due to the severity of this offense and the impact it can have both on your license and your life, it is important you consult with a Virginia reckless driving lawyer immediately after being charged. An attorney with experience in Leesburg will be able to look at the facts of your case and assist you.
They will inform you on how to avoid critical mistakes that will likely cause harm to your case. Call today to learn more about what advantages a lawyer can provide.
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