Best Virginia Reckless Driving Lawyer VA Attorney • 1500+ Reviews
Reckless Driving in Virginia is a criminal offense. The Code of Virginia includes various sections of the law on what driving behaviors are considered reckless driving. Reckless driving can even be a felony if racing with injuries is involved. The penalties for a reckless driving conviction can be harsh and long lasting. In Virginia, convictions are permanent, cannot be expunged, and stay in the Virginia DMV files for 11 years. Do not miss an opportunity to defend yourself. 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. We can help even if you think you are guilty.
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Virginia Reckless Driving Defense Lawyers • For Your Best Defense
Riley & Wells Attorneys-At-Law is an established Virginia law firm that specializes in defending reckless driving cases. Our firm is a recognized “Best Law Firm” by U.S. News & World Report. We also maintain an “AV Preeminent” rating from Martindale-Hubbell for the highest recognition in legal excellence and ethical standards. Our lawyers possess over 60 years of collective experience successfully representing clients charged with reckless driving. Our VA reckless driving attorneys represent clients who have been charged with various types of reckless driving violations in the Virginia Courts every week. We have been favorably reviewed more than any other law firm in Virginia that defends reckless driving cases. Our clients benefit from this experience and track record of success.
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VA Reckless Driving Penalties
- Maximum 12 months in jail
- Maximum $2,500 fine
- Loss of driving privileges
- Increased automobile insurance rates
- Moving violation demerit points
- Community Service
- Driver improvement programs
- Potential employment problems
Virginia Reckless Driving Speeding Law
The most enforced Virginia Reckless Driving law criminalizes excessive speed. State Troopers, police officers, and deputy sheriffs across Virginia aggressively enforce the reckless driving excessive speed law [Va. Code 46.2-862]. Virginia law states that one is guilty of reckless driving for either driving at a speed of 20 mph or more over the limit OR driving at any speed over 85 miles per hour. This law that criminalizes speeding is particularly surprising to out-of-state drivers. In other states, speed alone does not trigger a reckless driving violation. NOTE: The issuance of a summons or ticket for reckless driving is not a conviction. In many instances, we can protect our clients even in cases where the evidence may prove a violation.
Virginia Uniform Summons Reckless Driving Ticket Issued by Police
A Virginia Uniform Summons is the legal document issued by Virginia law enforcement officers for reckless driving during a traffic stop. Most people refer to this document as either a ticket or citation. The summons serves as legal notice for the alleged reckless driving violation. Signing the summons is not an admission of guilt. The summons advises you of the date and time and location of your hearing in the General District Court. A Virginia police officer can also issue a summons for other criminal misdemeanor offenses as well as traffic infractions. Allow our VA reckless driving lawyers to review your summons. We can develop a successful defense strategy.
Reckless Driving Speeding on Virginia Interstates
The Virginia Department of Transportation (VDOT) maintains over 57,867 miles of Virginia highways. Local governments maintain over 10,000 miles of their own streets and roads. Over 1,100 of those miles are Virginia interstate miles. This is a lot of road for driving mishaps. There are many places on Virginia interstates where the speed limit is 70 mph. If the speed evidence is 86 mph in a 70 mph zone, then the reckless driving law for excessive speed would be violated. Thus, a motorist can be convicted of a criminal offense for speeding 16 mph over the limit. Put our experience to work for you. Let us review your case. We know how to best defend these types of cases.
Out-of-State Drivers Accused of Reckless Driving in VA
Many of our clients are licensed drivers from other states who are simply driving through Virginia when they are stopped by law enforcement. It is important to defend a Virginia reckless driving case because a conviction is permanent and will be reported back to the home state. A conviction can also have a drastic affect on those who must pass employment background checks or drive an employer’s vehicle. Some states suspend driving privileges if convicted even if the Virginia Court did not suspend driving privileges. Typically, we can successfully represent our out-of-state client without them being present in Court. We can make a motion to have our client’s appearance waived. Consult us before you take any action.
Virginia Reckless Driving Accident Defense Attorneys
Reckless driving general (46.2-852) and driving a vehicle not under proper control or faulty brakes (46.2-853) are the two most common reckless driving laws that involve accident cases. Any person who drives recklessly or that is not under proper control, or that endangers life, limb or property violates the reckless driving law. There are various different sections of the Virginia law that apply to reckless driving accident cases. NOTE: The mere happening of an accident does not mean you are guilty of reckless driving. Sometimes the prosecution cannot prove how the accident happened. The issuance of a summons also does not mean you are automatically guilty of reckless driving. Our lawyers know how to best defend these types of cases.
Riley & Wells Attorneys-At-Law Defend Virginia Reckless Driving Cases
- 46.2-852 Reckless driving; general rule
- 46.2-853 Loss of control; faulty brakes
- 46.2-854 Passing on grade or curve
- 46.2-855 Driving with view obstructed
- 46.2-856 Passing two vehicles abreast
- 46.2-857 Driving two abreast
- 46.2-858 Passing at a railroad 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
- 46.2-862 Exceeding speed limit
- 46.2-863 Failure to yield
- 46.2-864 Reckless in parking lots
- 46.2-865 Racing
- 46.2-865.1 Racing penalties
- 46.2-866 Racing; aiders or abettors
- 46.2-867 Racing; motor vehicle seizure
- 46.2-868.1 Aggressive driving
VA Reckless Driving Attorneys Recognized by Virginia Super Lawyers
Super Lawyers is a legal rating service of outstanding lawyers from over seventy practice areas who have attained the highest degree of peer recognition and professional achievement. This organization recognizes the top attorneys nationwide across a variety of practice areas and firm sizes using a patented process of independent research and peer input. Our VA reckless driving lawyers have been recognized by this publication since 2009. No more than five percent of the Virginia lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a Virginia reckless driving attorney who has been recognized with this elite award.
Reckless Driving Fail To Move Over For Stationary Emergency Vehicle
Code of VA 46.2-861.1 requires the driver of any motor vehicle to “move over” to an adjacent lane when passing a stationary vehicle stopped on the shoulder of the highway under certain traffic conditions. A violation of this law can be considered reckless driving if an emergency vehicle is in involved, which is a criminal misdemeanor in some cases. If you have been accused of violating this law then it would be in your best interests to consult an accomplished Virginia reckless driving attorney before appearing in the General District Court. You may have a valid defense and not realize it.
RACING in VA is the Most Serious Type of Reckless Driving Offense
The racing law is the most serious type of Virginia reckless driving law. Any person who engages in a race between two or more vehicles on a highway is guilty of reckless driving. Racing can even be a felony if it causes serious bodily injury to another person who is not involved. Driving privileges can be suspended for as many as three years if convicted. In fact, you do not even have to be engaged in a race to violate this law. Any person who aids or abets a race can also be convicted of criminal misdemeanor reckless driving racing.
Passing a Stopped School Bus is a Reckless Driving Violation
A driver is guilty of reckless driving if they fail to stop for a school bus with its warning device activated. The school bus must be taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities. Drivers shall remain stopped until all such individuals are clear of the highway, private road, or school driveway and the bus is put in motion. In some instances, there may be defenses that only a skilled Virginia reckless driving attorney will know how to best present at trial. Allow us to review your case. NOTE: There is a civil penalty version of this violation that is less serious.
Legal Elite Recognizes Top VA Reckless Driving Lawyer by Virginia Business
Virginia Business is dedicated to covering the legal community in every region of the Commonwealth. In cooperation with the Virginia Bar Association, they have been recognizing Top Virginia Lawyers with its Legal Elite Award since 2000. There are over 23,000 legal practitioners in the Commonwealth. Legal Elite recognitions are awarded to approximately 1400 attorneys each year. This is an exclusive list of top rated individuals who have been recognized for excellence. Only outstanding and experienced professionals are recognized for being Legal Elite. A lawyer cannot purchase his or her way in to being recognized as a member of the Virginia Business Legal Elite community. Allow a Virginia Legal Elite reckless driving lawyer to review your case.
Reckless Driving Accident Interstate I95 Shutdown DISMISSED
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 for hours.
Our client was on site to help repave the Interstate, but our client’s truck lift gate made contact with overhead power lines. A State Trooper investigated the incident and charged our client with reckless driving. 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 the evidence. We convinced the Judge to dismiss the case.
Virginia Reckless Driving Trials Are Adversarial By Design
If you have been accused of driving recklessly in Virginia, then your case will eventually be set for trial before a Virginia General District Court. Reckless driving is a motor vehicle code violation and a criminal offense. Trials are adversarial in nature. This involves a structured and formalized dispute between the Commonwealth Attorney’s Office and the defense. The adversarial system is designed to ensure a fair trial according to the rules of law and evidence by allowing each party to present their case and to be able to challenge the other’s evidence and arguments. The judge evaluates the evidence and arguments, and reaches a verdict. This system ensures that the prosecution meets its high standard of proof.
Driver Improvement Program For Reckless Driving Cases
A Driver Improvement Program or Traffic School is an educational course designed to improve the knowledge and driving skills of participants. One of the primary purposes of a Driver Improvement Program is to provide a pathway for reckless driving defendants to mitigate the consequences of their case. Completing the program may assist the attorney in convincing the court to dismiss or reduce the case. The duration of a Driver Improvement Program can either be a 12 hour course or an 8 hour course. The program has in person and online formats. Consult a top rated VA reckless driving lawyer to understand your options before you pursue a driver improvement program for your reckless driving case.
Virginia Small Cities and Towns Aggressively Target Speeders
Governing Magazine investigated hundreds of small cities and towns throughout the country that operate speed traps. Speed traps are an area of the road that police officers heavily monitor to catch people speeding. Technically defined as an area of road where police officers hide in order to detect vehicles exceeding a speed limit. The investigation was particularly critical of Eight VA: Brunswick, Greensville, Gordonsville, Eastville, Emporia, LaCrosse, Sussex, & Waverly. Northampton County‘s Town of Eastville relies on bad drivers’ traffic fines more than any other locality. 72% of Eastville’s 200-person town budget comes from traffic fines and court costs according to the study.
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11/10/2015 | Updated 11/27/2023