New Jersey Drivers Charged With Reckless Driving Speeding In Virginia
Reckless driving in Virginia is classified as a criminal misdemeanor offense. Virginia law contains 20 different reckless driving laws according to Title 46.2 Chapter 8 Article 7 of the Virginia Code. Reckless driving is punishable by up to 12 months in jail, 6 months loss of Virginia driving privileges and fines of up to $2,500. The Virginia reckless driving speeding law (46.2-862) is the most enforced among these laws. NOTE: Speeding can be a criminal offense in Virginia.
Reckless Driving in Virginia is Different Than Reckless Driving in New Jersey
New Jersey has only one reckless driving law. New Jersey NJSA 39:4-96 defines reckless driving as “driving a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.” A first offense conviction for reckless driving in New Jersey can trigger imprisonment of up to 60 days in jail and fines of up to $200. A second or subsequent conviction for reckless driving can result in imprisonment of up to 90 days and fines of up to $500.
Virginia Reckless Driving Lawyers That Defend New Jersey Motorists
Riley & Wells Attorneys-At-Law has been defending New Jersey licensed drivers for over 25 years and our lawyers have over 45 years of collective experience. Our law firm receives calls every day from New Jersey licensed drivers who have been accused of criminal misdemeanor reckless driving because of excess speed. In many instances, these allegations would be minor speeding tickets back home in the Garden State. The issuance of a Virginia Uniform Summons (the “traffic ticket”) is NOT a conviction.
New Jersey Speeders Can Serve a Jail Sentence In VA For Reckless Driving
The enforcement of excess speed in Virginia often comes as a surprise to many New Jersey motorists because New Jersey does not automatically criminalize excessive speed. Virginia code 46.2-862 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. In New Jersey, speeding 30 mph over the limit is still typically only a minor traffic infraction punishable by only a fine and demerit points. A typical scenario for New Jersey motorists involves simply travelling through Virginia on the Interstate. The speed limit in some places on Virginia interstates is 70 miles per hour. This can trigger being charged with a criminal misdemeanor offense for merely speeding 11 miles per hour over the posted speed limit of 70 miles per hour because speed evidence in excess of 80 miles per hour violates the Virginia reckless driving law.
Consult a Virginia Lawyer Before Pleading Guilty to Virginia Reckless Driving
Do not plead guilty or simply pay the fine if you have received a summons for reckless driving in Virginia without consulting a Virginia Traffic Law Attorney. It is important that the New Jersey motorist understands the ramifications of a Virginia reckless driving conviction. A Virginia reckless driving conviction is a criminal offense that will stay on the driving record for 11 years. If you are a New Jersey licensed driver and are convicted of violating any Virginia reckless driving offense, then the conviction will be eventually reported to the New Jersey Motor Vehicle Commission (NJMVC). The Virginia court will first report the reckless driving conviction to the Virginia Department of Motor Vehicles (DMV). The Virginia DMV will create a driver record based on the reckless driving conviction, if a driver record does not already exist, and forward the reckless driving conviction information to the New Jersey NJMVC. The New Jersey NJMVC will then post the Virginia reckless driving conviction to the New Jersey NJMVC driving record. The New Jersey NJMVC will then asses moving violation demerit points for the out-of-state Virginia reckless driving conviction. Eventually, the automobile insurance company will receive notification of the Virginia reckless driving conviction, which will likely trigger changes to the automobile insurance policy. According to a study conducted by Insurance.com, a conviction for reckless driving will on average increase the automobile insurance policy by 73% or $1,046 EACH YEAR.
Be Aware of the New Jersey Surcharge – Always Defend Your Case
The New Jersey Surcharge is the program that the New Jersey Motor Vehicle Commission uses to charge an additional fee that is generally two to three times the amount of a traffic violation in addition to the original ticket in order to bring in extra money for the state budget. The surcharge is in addition to any other court costs or fines associated with the reckless driving charge. If you are a New Jersey license driver and are convicted of reckless driving in Virginia, then you may be charged an extra fee in New Jersey called a surcharge. New Jersey charges the surcharge when you are convicted of a serious traffic offense or accumulate six or more points on your license within three years. Reckless driving is a five-point violation in New Jersey according to the Motor Vehicle Commission.
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