Mecklenburg Reckless Driving Lawyer

A reckless driving charge could have a significant impact on your life if it is not handled aggressively. Regardless of what actually happened, you could face serious penalties if you are found guilty. A Mecklenburg reckless driving lawyer could begin constructing a defense and protecting your rights right away.

With the assistance of a knowledgeable criminal defense attorney, you could fight against your charge and pursue a satisfactory resolution to your case.

Reckless Driving Defined

Code of Virginia § 46.2-852 states that it is illegal to drive a vehicle on the roadway in such a manner that either endangers others, is considered reckless, or is at a speed that is deemed reckless. If a law enforcement officer deems that an individual is driving recklessly, they can pull the person over and conduct a traffic stop.

If it is an issue of speed, the charge would be listed as reckless driving by speed. Reckless driving by speed is typically considered driving at speeds exceeding 20 miles per hour over the posted speed limit, or 85 miles per hour regardless of what the posted speed limit is. Motorists could also be charged with reckless driving if they drive a vehicle with insufficiently adjusted brakes, drive too fast for the weather or road conditions, or overtake an emergency vehicle that has its siren or lights on.

Va. Code Ann. § 46.2-864 also forbids reckless driving in areas apart from highways and roadways, including the following:

• The property of an industrial establishment designed to provide parking space to patrons, customers, and employees
• A highway that is under construction, even if it is closed to the general public
• A parking lot or driveway of a government property, school, recreational facility, business, or church

Associated Penalties

Virginia law states that any person who is found guilty of reckless driving would be convicted of a Class 1 misdemeanor, which is the same conviction classification given to individuals found guilty of marijuana possession, simple assault, or a DUI. A Class 1 misdemeanor conviction carries penalties of up to one year’s imprisonment and a maximum fine of $2,500.

The individual could also have their driving privileges suspended for up to six months and receive six demerit points on their driving record. The person could face additional penalties if they are found to have access to and be in possession of a jammer or radar detector in their car. A Mecklenburg attorney could review the details of the individual’s reckless driving case and thoroughly investigate the circumstances of the ticket or arrest, to prepare a defense against the charges.

Reckless Driving as a Felony

In accordance with Va. Code Ann. § 46.2-868, if someone is found guilty of reckless driving while their license was suspended or revoked from a prior offense, or their reckless driving directly caused the death of another person, they could be convicted of a Class 6 felony rather than a Class 1 misdemeanor.

Felony reckless driving charges are accompanied by much stricter penalties than misdemeanors, which is why it may be crucial for a defendant to secure the services of a local attorney who could fight for their rights in court. Conviction on a Class 6 felony incurs penalties which could include one to twenty years’ imprisonment, one to three years of driving suspensions, probation, hefty fines, and more.

Other Potential Causes for a Reckless Driving Charge in Mecklenburg

In addition to speeding 20 miles per hour over the legal limit, an individual could be charged with reckless driving for one of the following:

• Racing with another vehicle
• Vehicle not under control
• Driving an overloaded vehicle that impacts driving control and/or visibility
• Overtaking a school bus that stopped to drop off or pick up children

Experienced reckless driving attorneys are familiar with the many causes and could provide the knowledge needed to create a defense specific to each case.

Contact a Mecklenburg Reckless Driving Attorney

With the help of a seasoned attorney from price Benowitz, you could fight your reckless driving charge and potentially minimize or avoid the penalties associated with this crime. If you have questions about how to deal with a reckless driving citation, call today to speak with a Mecklenburg lawyer who is ready to defend you in court.