Reckless Driving in Virginia is a criminal misdemeanor offense. The Code of Virginia includes various sections of law on what is reckless driving and how it can be penalized. The penalties for a reckless driving conviction can be harsh. Any penalty would depend on the facts of the case and arguments made by counsel. In Virginia, a class 1 misdemeanor criminal offense conviction is permanent, cannot be expunged and stays in the Virginia DMV files for 11 years.
Virginia Reckless Driving Penalties
A Virginia reckless driving conviction can be punishable as follows:
Maximum 12 months in jail
Maximum $2,500 fine
Loss of driving privileges
Increased automobile insurance rates
Assessment of moving violation demerit points
Driver Improvement Programs
Potential Employment Problems
CAUTION: A reckless driving conviction will on average increase the automobile insurance premium by 73% or $1,046 EACH YEAR, according to a study conducted by Insurance.com
Virginia Reckless Driving Speeding Lawyers
The most popular Virginia Reckless Driving allegation is the offense that criminalizes excessive speed. State Troopers, police officers, and deputy sheriffs aggressively enforce the reckless driving excessive speed law [Va. Code 46.2-862]. The Virginia law states that one is guilty of reckless driving for driving at a speed of 20 mph or more over the limit. The law also criminalizes any speed over 80 miles per hour regardless of the speed limit. There are many places on Virginia interstates where the speed limit is 70 mph. Thus, a motorist can commit a criminal offense for speeding 11 mph over the limit. If the speed evidence is 81 mph in a 70 mph zone, then the law would be violated. We have extensive experience defending this type of case. The facts of each case can vary. We can select the best defenses and arguments for your particular circumstances. We protect our client’s best interests every day with this type of case. We regularly defend reckless driving allegations before various local area courts every week. Some popular jurisdictions of enforcement are Greensville County/Emporia, Brunswick County/Lawrenceville, Hopewell and the Richmond metro area. The Richmond area includes Hanover, Henrico, Chesterfield, New Kent & Bowling Green/Caroline. The Tri-cities area includes Colonial Heights, Dinwiddie, Petersburg, Prince George & Sussex.
Virginia Reckless Driving Accident Defense Attorneys
Va. Code sections 46.2-852 & Va. Code 46.2-853 are other reckless driving laws that the police enforce. These laws often cover incidents that involve traffic accidents. The law says that one is guilty of reckless driving if they fail to maintain proper control of a vehicle. There must be evidence of endangerment to life, limb, or property. NOTE: The mere happening of an accident does not mean you are guilty of reckless driving. The issuance of a summons also does not mean you are automatically guilty of reckless driving. If you have been involved in an accident and were charged with reckless driving, then you need help. It is important to contact an experienced Virginia Reckless Driving Attorney. Our lawyersknow how to best defend this type of allegation.
Virginia law also criminalizes various other forms of driving behaviors as reckless driving as follows:
46.2-854 Passing on a grade or on a curve
46.2-855 Driving with View obstructed
46.2-856 Passing two vehicles abreast
46.2-857 Driving two abreast in a single lane
46.2-858 Passing at a railroad grade crossing
46.2-859 Passing a stopped school bus
46.2-860 Failing to give proper signals
46.2-861 Driving too fast for conditions
46.2-861.1 Failure to “Move Over” or Yield to Stationary Emergency Vehicle
46.2-863 Failure to yield
46.2-864 Recklessness on parking lots, etc
46.2-865.1 Racing penalties
46.2-866 Racing; aiders or abettors
46.2-867 Racing; seizure of motor vehicle
46.2-868.1 Aggressive Driving
Out-of-State Drivers Accused of Reckless Driving
Many of our clients are licensed drivers from other states such as North Carolina, South Carolina, Georgia, Florida, District of Columbia, Maryland, Pennsylvania, New Jersey, New York & other states. In many instances, we can make a motion to have our client’s appearance waived so that our client does not have to return to Virginia for the trial. We can successfully represent the client in many reckless driving cases without them being present in Court. It is important for out-of-state drivers to defend their Virginia reckless driving allegation because a conviction will be reported back to the home state and ultimately the automobile insurance company.
In this case, our attorneys represented a client who was involved in an accident. The accident involved a work zone on I95 in Caroline County VA. Our client was a commercial driver who was driving a commercial vehicle. The accident involved a construction project that shut down part of the interstate. Our client was on site to help repave the Interstate, but our client’s truck lift gate made contact with overhead power lines.
News 12 Coverage
A Virginia State Trooper was dispatched to the scene to investigate the incident. The Interstate was shut down in both directions for several hours. The Trooper issued a summons to our client. The trooper alleged that our client operated his vehicle in a reckless manner. Our client did not believe he did anything wrong. We believed the accident was due to improper placement of the traffic cones in the work zone. A not guilty plea was entered and the Court heard testimony from three witnesses. We argued what our client had maintained proper control the entire time. He had relied on the traffic safety cones being properly placed. The cones were to mark the work zone and the lane closure. The Judge agreed with our argument and dismissed the case.
Virginia Reckless Driving Attorney-Client Review
Contact Us today for a free evaluation of YOUR case!