Virginia Reckless Driving and CDL Drivers

A CDL (commercial driver’s license) is difficult to obtain in the state of Virginia, requiring drivers to complete rigorous training and certification procedures. Because a commercial driver’s license allows the holder to drive trucks that are four or five times the size of most cars and other motor vehicles, applicants must pass specific tests involving their knowledge and skills.

In addition, strict background checks involving medical, residential, and driving history must be conducted before a person can obtain a CDL.

Accordingly, if a commercial driver is charged with reckless driving in Virginia, there are certain enhanced penalties that can be applied, and which can severely harm that individual’s career as a driver.

If you or a loved one have been charged with reckless driving and you were either operating a commercial vehicle or possess a CDL, then you should seek out a Virginia reckless driving lawyer to learn about your legal options.

About CDL Licensing in Virginia

Apart from trucks, a commercial driver’s license allows the holder to own and operate the following CMVs (commercial motor vehicles):

• A commercial motor vehicle that weighs 26,001 pounds

• A commercial motor vehicle that weighs 10,001 pounds if it has a trailer attached

• A commercial motor vehicle that is designed to transport a quantity of 8 passengers

• A commercial motor vehicle that is designed to transport a quantity of 16 passengers or more

These often include buses, tractor trailers and even tow trucks. However, driving a commercial motor vehicle puts other drivers in smaller cars and other smaller motor vehicles at a greater risk of injury or even death, should an accident occur.

If you do possess a commercial driver’s license in the state of Virginia, then you are held to an even higher standard of safety than other drivers, especially when you are driving a commercial motor vehicle on the highway or other roads that are considered highways under the law.

Evidence of Reckless Driving

Reckless driving is considered a crime in the Commonwealth of Virginia, and is everything from speeding to driving an unsafe vehicle to getting into an accident.

If you are charged with reckless driving by an officer of the law, then his or her testimony will be used as evidence against you in court. The following is also evidence that can be presented in court for various reckless driving charges:

• Hard evidence such as the officer’s speed measuring equipment
• Circumstantial evidence such as the what, when, where, how, and why in relation to the charge or charges against you, often taken based on any statements you made to the officer who stopped you

The Prosecution

The prosecution is held to a high standard and must prove beyond a reasonable doubt that you were driving recklessly. For example, if you were speeding, then the prosecution must prove beyond a reasonable doubt that the officer’s equipment was calibrated accurately and recently, that he or she clocked you, and that his or her equipment recorded the alleged speed.

The Defense

Having an attorney with experience defending against reckless driving charges on your side is the best way to make sure that you have a strong defense against the prosecution. He or she knows the variety of defenses available to drivers along with what the prosecution must prove, ensuring any charges against you are reduced or in some cases even dropped.

Call a Reckless Driving Lawyer Today

A reckless driving lawyer from our firm can help to explain your legal options when facing serious reckless driving charges, as well as what can be done to potentially avoid the negative consequences that accompany a conviction. Contact our Virginia law offices today.