District of Columbia (DC) Drivers Ticketed For Reckless Driving in Virginia
What happens in Virginia does not stay in Virginia. District of Columbia (DC) licensed drivers beware: If you violate Virginia law and are convicted of a reckless driving violation or any other traffic offense, then the conviction will ultimately be reported to the District of Columbia Department of Motor Vehicles (DMV). The Virginia court will first report the conviction to the Virginia DMV. The Virginia DMV will create a driver record based on the conviction, if a driver record does not already exist, and forward the conviction information to the District of Columbia DMV. The District of Columbia DMV will then post the Virginia conviction to the District of Columbia driving record, and will assess demerit points to the DC driving record for the out-of-state Virginia conviction based on the DC DMV demerit point system for the same or similar offense. Therefore, a Virginia conviction for a three-point moving violation may be assessed six points in the District based on the DC point system. Demerit points remain on the DC driving record for two years.
District of Columbia DMV Point System Chart & Point Removal
According to the DC DMV, if you are a DC license holder and have received a demerit point moving violation in another state or jurisdiction, then you may be eligible to attend traffic school or complete an online defensive driving course to have the points removed from your driving record. However, prior approval from the out-of-state court to attend traffic school or complete an online defensive driving course is required before taking the course to have points removed. PROBLEM: Virginia does not have such a system. Thus, the DC motorist must defend the Virginia demerit point allegation to avoid demerit points from being assessed in the first place.
An Experienced Virginia Reckless Diving Lawyer Can Defend DC Licensed Drivers
Riley & Wells Attorneys-At-Law has been defending District of Columbia licensed drivers for over 25 years and our lawyers have over 40 years of collective experience. Our law firm receives calls every day from clients who are licensed to drive in Washington, D.C. We have extensive experience and can properly defend your reckless driving case. Call today for a free consultation. NOTE: issuance of a Virginia Uniform Summons (the “traffic ticket”) is NOT a conviction.
Speeding 11 mph Over The Limit Can Turn Into Reckless Driving In Virginia
Virginia code 46.2-862 is a law unique to Virginia and it is the most commonly enforced Virginia reckless driving law. This law criminalizes speed where the speed evidence is either 20 miles per hour above the posted speed limit or in excess of 80 miles per hour. On many Virginia interstates, the speed limit is 70 miles per hour. Thus, the District of Columbia driver will be cited for misdemeanor reckless driving if traveling 81 miles per hour for speeding 11 miles per hour over the posted speed limit in these 70 mph speed zones. If the DC driver simply pleads guilty or waives a trial and pays the violation or fails to appear in the Virginia court thinking it is just a 3 demerit point offense is making a big mistake. This is reckless driving in Virginia and the DC DMV will assess 6 demerit points NOT 3 demerit points for speeding 11 mph over the speed limit. This can be confusing for DC licensed drivers because DC law § 50–2201.04 states that it requires speed evidence of 30 mph or more above the posted speed limit to trigger a reckless driving violation. NOTE: The DC DMV will not know and not care that the reckless driving conviction from Virginia involved less speed evidence. A conviction for reckless driving is a conviction for reckless driving regardless of different evidence based on a uniquely worded law.
District of Columbia Drivers Need A Local Virginia Lawyer For All Traffic Violations
The District of Columbia DMV is notified by the Virginia DMV when a DC licensed driver is convicted of a Virginia traffic violation. No notification is made with the issuance of the Virginia Uniform Summons. Thus, every District of Columbia licensed driver who has been cited in Virginia for any traffic violation needs a Virginia traffic attorney. Most DC residents want to protect their driving privileges, their driving records, and their automobile insurance policies. Even minor speeding tickets and low-level traffic infractions can be very expensive in the long run if not properly defended. The DC DMV will suspend driving privileges upon the accumulation of 10 demerit points. Therefore, if the DC driver had an otherwise good driving record with say 1 conviction on the driving for minor speeding 16 mph over the limit and was convicted in Virginia for reckless driving, then a loss of driving privileges would take place. Additionally, the automobile insurance would increase significantly. Do not miss an opportunity to defend your Virginia reckless driving traffic case. You will likely regret it if you do.
Let us review YOUR case. We can help!
By Mitch Wells 5/18/2016