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Virginia Beach Reckless Driving Lawyer

Moving violations such as going a few miles over the speed limit are not crimes. However, if your driving behavior rises to the level of recklessness, you can be charged with a misdemeanor. A charge of reckless driving could potentially result in jail time and the suspension of your driver’s license. A Virginia Beach reckless driving lawyer can provide you with legal guidance in dealing with charges of reckless driving.

Reckless driving is a criminal charge, one that carries potential jail time and a criminal record. This is serious and you need someone on your side that is seriously interested in getting you the best results possible on your case.

What is Reckless Driving in Virginia?

  • Examples of reckless driving behavior include:
  • Going 20 miles per hour over the speed limit or more or going more than 80 MPH.
  • Driving at a speed that is very unsafe for the current conditions regardless of what the posted speed limit is.
  • Driving aggressively.
  • Not yielding the right-of-way to an emergency vehicle.
  • Weaving in and out of traffic lanes.
  • Passing a school bus that has its stop arm extended or lights flashing.
  • Passing while going around a curve.
  • Road racing.
  • Driving a vehicle with faulty brakes.

Virginia Code Section 46.2-852 defines the offense of reckless driving as operating a vehicle on a highway “recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person.”
Virginia Code Section 46.2-868 defines penalties for reckless driving, which is a Class 1 misdemeanor. You could face up to a year of incarceration and a fine up to $2,500. If you were using a handheld device at the time of the offense, you also face an additional $250 minimum fine in addition to any other penalties you face.

Conviction for reckless driving stays on your record for 11 years. Conviction also results in six points on your driving record. After receiving 12 demerit points on your license over the course of a year, you must attend a driving improvement course.

If you receive 18 demerit points on your license in a year, your license will be suspended for at least 90 days.

The record of your reckless driving offense will show up in background checks, disqualifying you from career opportunities that require a clean driving record.

Options After a Reckless Driving Charge

When you are charged with reckless driving, this does not mean that you will always be convicted of this offense. You have the opportunity to plead not guilty and confront your accuser, which is usually the law enforcement officer.

The options available to you depend on the specific circumstances of your case, and no two cases are the same. However, a Virginia Beach reckless driving attorney will study the facts of your case and those details that make it unique, and assist you in developing a strong defense strategy. This could result in a favorable plea agreement, or in the best case scenario, a dismissal of the charges.

A Virginia Beach reckless driving attorney can question the officer and look for inconsistencies in the account of what occurred. The officer may not show up to court, or may not remember what behaviors you were doing that constituted reckless behavior. If a prosecutor cannot prove beyond a reasonable doubt that you are guilty of driving recklessly, then a jury should find you innocent of the charges.

It may also be possible to negotiate a plea bargain so you can avoid the most serious penalties and perhaps reduce the severity of the charges against you. Contact a Virginia Beach reckless driving lawyer as soon as you can for help with your charges.

Under Virginia law, reckless driving is a misdemeanor offense carrying up to one year in jail, fines reaching $2,500, and a driver’s license suspension—these possible consequences mean you need all the help you can get. Contact us today to schedule a free consultation.