Virginia Reckless Driving Lawyer
Facing criminal charges and the consequences of conviction is daunting for someone with no experience in the criminal justice system. This can be especially true if the crime you are accused of committing is as difficult to understand as reckless driving.
As a Virginia reckless driving lawyer can tell you, these charges are particularly difficult to grasp because they are open to a great deal of interpretation on behalf of the officer who stops you, or if you had been caught in a speed trap, and, ultimately, the court. For out-of-state drivers, this can be difficult to understand as well, as often, other jurisdictions do not have reckless driving as part of their speed laws. Someone who is simply passing through Virginia could find themselves ticketed for speeding or reckless driving when they didn’t even realize they were doing that in the first place.
In general, reckless driving is defined as any person who drives a vehicle in a manner or speed that endangers the lives and property of others. That can include driving that endangers the health or property of any other people on any church, school, recreational facility, business or government property, driveways, or parking lots or structures, or on Virginia highways.
Given the broad scope of activities that can be included in this charge, it is essential that you hire a well-qualified and experienced Virginia reckless driving lawyer to handle your case. Your attorney can answer all of your specific questions and help you craft the strongest possible defense.
In the meantime, however, you can refer to the following page as a general guide on the topic of reckless driving in Virginia. You may also visit this page for more information on the reckless driving laws and charges in the Commonwealth.
What is Reckless Driving in Virginia?
Reckless driving charges may stem from a variety of traffic offenses. It’s important to keep in mind, however, that reckless driving is not a simple infraction. It is a Class 1 misdemeanor in Virginia and if you are convicted of the offense you will incur a criminal record. See Virginia Code Section 46.2-852.
In general terms, a number of moving violations can rise to the level of a reckless driving charges. Generally speaking, traffic violations that are charged as reckless driving are deemed more dangerous or serious than other traffic infractions or moving violations.
For example, speeding five or 10 miles above the limit will likely result in a traffic ticket. These are costly, and can wreak havoc on your insurance premiums.
However, if your speed was excessive, either 20 mph over the limit or deemed far too fast for road and/or weather conditions, a criminal reckless driving charge may be levied against you. Many other types of seemingly straightforward moving violations can be used as grounds for a reckless driving charge:
- Reckless Driving by Speed
- Failure to yield to an emergency vehicle
- Reckless By Unsafe Vehicle
- Failure to signal
- Aggressive driving, such as weaving in and out of traffic
- Passing a vehicle on a curve
- Reckless driving by accident
- Passing a stopped school bus
- Driving with faulty brakes
Virginia Reckless Driving Penalties
The Commonwealth of Virginia views reckless driving as a serious criminal charge. As such, the courts have the ability to hand out steep penalties even in cases involving a first conviction. The maximum sentence for a first reckless driving conviction is up to one year in jail and/or a fine of up to $2,500.
You may also incur six demerit points against your driver’s license, which could severely impact your driving privileges depending on whether you have amassed other points against your license, or if you incur points in the future.
Drivers who incur 12 points in a single calendar year must attend a driver improvement course and face other DMV penalties. Accrual of 18 demerit points within a single year will result in a suspension of your license for at least 90 days.
Penalties can increase in certain circumstances. If, for example, a person is convicted of reckless driving while driving with a suspended or revoked driver’s license and the reckless driving led to the death or another person the charge becomes a Class 6 felony. Such felony crimes can result in one to five years in prison. A reckless driving attorney can petition the court to consider lesser penalties of up to 12 months in jail and/or a $2,500 fine. Those found using a handheld device will face a mandatory minimum $250 fine in addition to the penalty of the Class 1 misdemeanor. See Virginia Code Section 46.2-1078.1.
A reckless driving conviction will remain on your record for 11 years, meaning that it may be more difficult to pass background checks for certain jobs or qualify for car insurance coverage, especially if you are charged as a teenager. It is also possible that you could see your auto insurance premiums spike as a result of the conviction. This means that the financial implications of a reckless driving conviction could follow you around years after your arrest.
Additionally if you are a CDL driver you may face additional penalties for a reckless driving charge.
Are Reckless Driving Charges Location Specific?
Reckless driving charges are state charges, and as such the law applies to all counties and cities within the Commonwealth of Virginia. Local jurisdictions, however, may be more or less inclined to impose the harshest sentencing terms. This is why it’s always a good idea to retain a Virginia reckless driving lawyer who is locally based and who has handled reckless driving charges in the jurisdiction where you were charged. These locations can include:
- Culpeper County
- Fairfax County
- Fauquier County
- Loudoun County
- Newport News
- Hampton Roads
- Virginia Beach
- Henrico County
What a Virginia Reckless Driving Attorney Can Do for You
The difference between being charged with a minor traffic violation and reckless driving is not as broad as you might think. An experienced Virginia reckless driving lawyer can explain the process to you, stand by your side, and help protect your rights, mitigate the consequences, or even possibly get the charges dismissed outright. If you have been charged with reckless driving in Virginia, be sure to contact our firm today.
2019 Burke Lake 5K & 10K
Karin Riley Porter is sponsoring the 2019 Burke Lake 5K & 10K, which will take place in Fairfax Station, Virginia later this summer. Proceeds raised from the event will be put towards The Arc of Northern Virginia, which supports people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lives. For information about the race and cause please click here.
By: Whitney P.
Title: I Would Definitely Recommend Karin
I received Karin Porter’s information in the mail when I was charged with Reckless Driving. I was impressed with her qualifications as a former prosecutor and that she had good online reviews. I called Karin’s office and talked to the staff. I received a call back from Karin within an hour. Karin was very friendly and knowledgeable. She let me know what I was facing and what the court would be looking at with my driving record. She sent me a representation agreement and worked with me on the payment arrangements to ensure that it was within my budget. Karin went to court for me since I could not make it due to work commitments. She had great communication with me throughout the whole process. Karin was able to get my Reckless Driving charge reduced to a simple speeding violation with only a small fee. I would definitely recommend Karin to other potential clients looking for a Reckless Driving lawyer.