Reckless Driving Lawyer Virginia
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 reckless driving code section alleged and the facts of the case. In Virginia, a class 1 misdemeanor criminal offense conviction is permanent, cannot be expunged and can be punishable as follows:
- 12 months in jail
- $2,500 fine
- 6 months loss of driving privileges [Except Racing Cases]
- Increased automobile insurance premiums
- Assessment of 6 Virginia DMV moving violation demerit points
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 this 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 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 does not mean you are 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 lawyers know 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
- 46.2-863 Failure to yield
- 46.2-864 Recklessness on parking lots, etc
- 46.2-865 Racing
- 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. The home state and automobile insurance company may then take action against the driver as if the offense occurred in the home state.
Virginia Reckless Driving Case Result
DISCLAIMER: CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THEY DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE 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. Our client was on site to help repave the Interstate, but our client’s truck lift gate made contact with overhead power lines.
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!
By Mitch Wells 11/10/2015 | Updated 1/28/2017