Reckless Driving In Virginia Can Be Life Changing
Reckless driving in Virginia can be life changing. Reckless driving is a criminal offense. A conviction can include severe penalties such as: incarceration, high fines, suspended driving privileges, increased automobile insurance rates, and a permanent record to name just a few. Riley & Wells Attorneys-At-Law is an experienced Virginia reckless driving law firm with over 60 years of collective experience that has successfully represented over 30,000 clients. We understand Virginia reckless driving law. We have been recognized as a “Best Law Firm” by U.S. News & World Report. We are dedicated and strong advocates who fight to protect your rights. Our firm is committed to ensuring that good people who find themselves in bad situations get the best possible outcome in court.
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A Virginia Reckless Driving Police Encounter Can Be Stressful
What Is Reckless Driving in Virginia?
Reckless driving is commonly defined as the act of driving a motor vehicle in a dangerous manner. The reckless driving laws in Virginia are harsh. There are over 15 different Virginia Reckless Driving Laws. These various reckless driving laws criminalize the following driving behaviors: driving in a manner that endangers life, limb or property; failure to maintain proper control or faulty brakes; dangerous passing; obstructed view; improper signaling; excessive speed; passing a stopped school bus; failure to yield & racing to name a few. Reckless driving in Virginia can result in severe legal consequences.
Frequently Enforced Virginia Reckless Driving Code Sections
Va. Code 46.2-862 Excessive Speed
A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.
Va. Code 46.2-852 General
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner to endanger the life, limb, or property of any person shall be guilty of reckless driving.
Va. Code 46.2-861.1 Fail to Yield Stationary Emergency Vehicle (Fail to "Move Over")
A. The driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating blue, red, or amber light or lights as provided in § 46.2-1022, 46.2-1023, or 46.2-1024 or subsection B of § 46.2-1026 shall
(i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or
(ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. A violation of any provision of this subsection is reckless driving.
B. The driver of any motor vehicle, upon approaching a stationary vehicle that
(i) is displaying a flashing, blinking, or alternating amber light or lights as provided in subdivision A 1 or 2 of § 46.2-1025,
(ii) has activated the vehicular hazard warning signal flashers,
(iii) is displaying caution signs, or
(iv) is marked with properly lit flares or torches shall (a) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (b) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. A violation of any provision of this subsection shall be punishable as a traffic infraction.
C. If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver’s privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury or death to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver’s privilege to operate a motor vehicle for not more than two years.
D. The provisions of this section shall not apply in highway work zones as defined in § 46.2-878.1.
Penalties for Reckless Driving in Virginia Misdemeanor
Reckless driving in Virginia is usually a class 1 misdemeanor offense and a conviction may result in the following penalties:
- Fine: Up to $2,500, or a minimum of $250 if the driver was using a handheld device
- Jail time: Up to 12 months
- Maximum 6 months suspension of driving privileges (2 years for racing)
- 6 negative DMV demerit points (points may vary based on licensing state)
- Permanent record (Convictions in Virginia cannot be expunged)
3 Instances Where Reckless Driving in Virginia Can Be a Felony
- Virginia code §46.2-868. The accused is driving with a suspended or revoked license due to a moving violation, and someone dies as a result of their reckless driving.
- Virginia code §46.2-865.1. The accused was racing, and someone not involved in the race was seriously injured.
- Virginia code §46.2-865.1. The accused was racing, and someone was killed because of the race. This is regardless of whether the person who died was or wasn’t involved in the race.
Other Possible Consequences of a Reckless Driving Conviction May Include:
- Loss of automobile insurance or increased policy rates
- Ineligibility to rent cars
- Negative impact on government security clearances
- Negative impact on contract eligibility for military or law enforcement personnel
- Negative impact on child custody, housing, and travel
- Failure to secure employment or loss of employment
Do I Need a Lawyer for my Virginia Reckless Driving Case?
If you have been accused of reckless driving in Virginia, then your case will eventually be set for trial before a Virginia District Court. Trials are adversarial in nature. This involves a structured and formalized dispute between the prosecution 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. Are you prepared do battle with the prosecuting attorney and the Judge while presenting the best defense? An experienced Virginia reckless driving attorney can assist with the following:
Challenge the Charges:
Our dedicated reckless driving attorneys will thoroughly examine the evidence and build a strong defense to challenge the charges against you. We will fight tirelessly to protect your rights and to secure the best result possible, which sometimes can be a dismissal. Unfortunately, we cannot guarantee an outcome.
Seek a Reduction:
In many cases, the evidence is sufficient for a reckless driving guilty verdict but we can nevertheless convince the Judge to reduce the charges to a lesser offense. Our goal is to always ensure that we keep any penalties to a minimum.
Avoid Active Jail Sentence:
In some cases, the evidence is sufficient to prove a reckless driving violation but we are able to present mitigating factors to persuade the Judge to not impose an active term of incarceration. This may result in either a no jail sentence or a suspended jail sentence reckless driving conviction. Protecting our client’s freedom is always a top priority.
Delayed Reporting/Alternative Sentencing:
Unfortunately, there are some cases that are so aggravated that there are no defenses and no mitigating factors sufficient to avoid a jail sentence. In those cases, convincing the Judge to allow a late report date, allow a weekend sentence, a work release sentence or a school release sentence may be the next best thing. These sentence options can be very important for personal and professional affairs.
Am I Going to Jail if Convicted of Reckless Driving in Virginia?
The jail penalty is viewed by many as the most severe form of punishment. The Judge can impose this penalty if convicted of reckless driving in Virginia. A jail sentence is not automatic if convicted of reckless driving, but it becomes more likely in aggravated cases. Cases involving personal injury or death, driving 30+ miles per hour over the speed limit or 90+ mph are considered aggravating factors for most judges and in these cases you may be facing an active jail sentence. This penalty will vary depending on the Judge presiding over your case, the evidence, and your defenses to name a few factors.
Fines and Court Costs for Reckless Driving in Virginia
The Judge imposes a fine and court cost if convicted of reckless driving in Virginia. The law allows for a maximum fine of $2,500, but a maximum fine is rare in most cases. A reckless driving fine will vary based on the evidence in the case and the Judge presiding over the case. As a general rule, higher fines are often imposed in aggravated cases and/or in instances where the defendant has a negative driving history. Court costs vary from jurisdiction to jurisdiction, but are often around the $100 range.
Do Virginia Courts Offer Payment Plans For Fines and Court Costs?
Virginia law gives you at least 30 days to pay anything you owe to the court. If you need additional time, you can ask the court for a longer payment deadline. It is the discretion of the court in terms of granting additional time beyond 30 days for full payment to the court.
Does A Reckless Driving Conviction Create A Permanent Record?
Reckless driving in Virginia is normally classified as a class 1 misdemeanor criminal offense unless one of the three felony exceptions is applicable. In Virginia, convictions are permanent and cannot be expunged. A pardon would be the only remedy, which is extremely rare.
Virginia’s Three Levels of Offenses: Traffic Infraction, Misdemeanor & Felony
- Traffic Infraction – A violation of public order and not deemed to be criminal in nature. Charges such as speeding and running a stop sign are traffic infractions. Penalties for a conviction include an entry on the driving record, a fine & moving violation demerit points (if applicable).
- Misdemeanor – A criminal offense that carries less serious penalties than a felony. Punishments for conviction of a misdemeanor are: (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. (b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both. (c) For Class 3 misdemeanors, a fine of not more than $500. (d) For Class 4 misdemeanors, a fine of not more than $250.
- Felony – A criminal offense where the punishment for a conviction carries a term of imprisonment of not less than one year.
Out-of-State Drivers Facing Reckless Driving Charges in Virginia
Out-of-state drivers need to understand that reckless driving in Virginia can lead to severe consequences, including a criminal conviction. Excessive speeding often results in a reckless driving charge, which is taken very seriously. This typically requires the driver to return to Virginia for a court appearance, and a conviction can lead to long-term repercussions, including a permanent record and possible jail time.
Virginia Reckless Driving Convictions Are Communicated To Your Home State
A reckless driving conviction is reported to the Virginia Department of Motor Vehicles (“DMV”) by the Court. The DMV dockets the reckless driving conviction to the motorist’s Virginia driving history and assesses 6 negative demerit points. The conviction information is then forwarded to the home state for those licensed to drive in other states. The impact on either your driving record or your driver’s license will depend on the law of your home state.
Failing to appear For Out-of-State Drivers Can Result in a Bench Warrant and Additional Fines
A bench warrant can be issued for an out-of-state driver who fails to appear in court for a reckless driving allegation. An experienced Virginia reckless driving attorney can provide the necessary critical legal advice in such cases and potentially motion the Court to have the out-of-state driver’s court appearance waived, in addition to challenging the evidence to have the charges dismissed or reduced. Top rated representation is essential to navigating the complexities of the Virginia reckless driving law and to mitigate the impact of a reckless driving charge. Contact us today to discuss your case and protect your rights.
Potential Consequences of A Reckless Driving Virginia Conviction
Convictions for reckless driving can lead to increased insurance premiums, loss of employment, and difficulties in obtaining a security clearance. These long-term impacts underscore the importance of a focused legal representation that listens to you, your anxieties, fears, and concerns. Beyond the immediate legal penalties, the ramifications of a reckless driving conviction can affect many aspects of your life.
You Will Have A Significant Increased Insurance Premiums If Convicted
Automobile insurance companies view reckless driving convictions as a sign of high-risk behavior. As a result, your premiums are likely to increase significantly. In some cases, your insurer may even choose to cancel your policy altogether. This can make it difficult to find affordable coverage, adding financial strain to an already challenging situation.
You Might Have Employment Challenges & Possible Termination If Convicted
A reckless driving conviction can affect your employment status and/or future prospects. For some jobs, a reckless driving conviction can terminate your employment status, especially if the conviction increases the insurance premiums for your employer, or jeopardizes your employer’s ability to be insured. Many employers conduct background checks as part of their hiring process. A criminal conviction, especially one involving reckless driving, can be a red flag to potential employers. This is particularly true for jobs that require driving and to be covered by an employer’s insurance policy.
You Could Have Security Clearance Challenges
A reckless driving conviction can be a major obstacle if you need a security clearance for your job. The process for obtaining or renewing a clearance includes a thorough background check. A criminal conviction can lead to your clearance being denied or revoked, jeopardizing your career.
Other Implication of A Reckless Driving Conviction in Virginia
If you are convicted of reckless driving, you must answer “yes” when asked if you’ve ever been convicted of a criminal offense. This can even impact life insurance applications, as they sometimes inquire about reckless driving convictions. Simply receiving a reckless driving ticket means you’ve been charged with a criminal offense. It’s crucial to carefully read applications to determine if they ask about “charges” or “convictions.” If they ask about criminal charges, you must answer “yes.” A Virginia criminal conviction is permanent and under current law you cannot expunge a conviction.
Demerit Points On Your Driving Record For A Reckless Driving Conviction In Virginia
Virginia has a complicated point system for drivers. Everyone starts out at zero. For every year of driving with no moving violation convictions, you earn a +1 positive point. Positive points are good in Virginia. The best driving record possible has a +5 balance. A +5 DMV point balance is the maximum number of good points allowed.
The Virginia DMV assesses negative demerit points to your driving history upon receipt of the conviction information from the court. Every moving violation carries a set number of demerit points. Reckless driving carries the maximum number of demerit points for any offense in Virginia. 6 demerit points are assessed for a reckless driving conviction. The conviction will remain on your driving record for 11 years.
If you accumulate too many demerit points, the DMV may send you to a driver improvement clinic or suspend your driving privileges. The Virginia DMV reports any conviction information to your home state if you are licensed to drive in another state. The home state driver’s license agency then determines if the conviction is posted to your driving history and if demerit points will be assessed.
Reckless Driving in Virginia Frequently Asked Questions
Understanding the reckless driving law, the legal process and your rights are essential. Here are some common questions and answers:
Do I have to appear in court if I have been charged with reckless driving?
You have been summoned to appear in court by a law enforcement if you have been charged with reckless driving. Reckless driving in Virginia is a criminal offense and is not pre-payable. That means you must either appear in court or retain a reckless driving lawyer that can appear in court for you.
Can a reckless driving conviction be expunged?
No. Convictions are permanent. An absolute pardon is the only remedy available in Virginia to remove the record of a conviction.
I was pulled over by law enforcement for speeding but the police officer wrote reckless driving on my ticket?
Speeding and reckless driving are different offenses. Reckless driving criminalizes excessive speed. So if you are driving over 85 mph or 20+mph above the posted speed limit, then you are in violation of the reckless driving law.
What if I am an out-of-state driver?
Out-of-state drivers face the same penalties as Virginia drivers and a conviction will be reported to your home state.
How can a lawyer help me?
An experienced lawyer will properly evaluate your case, prepare the best defenses, represent you in court, and work to eliminate or reduce the penalties you are facing.
How long does a reckless driving conviction stay on my driving record?
The Virginia Department of Motor Vehicles (DMV) maintains the records of all driving offenses in the Commonwealth. A reckless driving conviction will stay on your Virginia DMV driving record for 11 years. This also applies to motorists licensed to drive in other states.
How much does hiring a lawyer cost to defend a reckless driving in Virginia?
Attorney fees vary based on the nature of the charge and the circumstances of the case. The lawyer that consults with you will explain the legal fee during the initial consultation. A flat fixed fee is the most common form of fee agreement for a reckless driving case.
What is Aggressive Driving?
Aggressive driving is different from reckless driving. Aggressive driving pursuant to Va. Code § 46.2-868.1 is the violation of a specific traffic offense where such offense creates either a hazard to another person or the offense was intended to “harass, intimidate, injure or obstruct” another person. Aggressive driving is normally a Class 2 misdemeanor unless done with the intent to injure another person. In those cases, it is a Class 1 misdemeanor.
Can I get a restricted driver‘s license if the Judge suspends my driver’s license?
An experienced reckless driving defense attorney can evaluate your case, discuss restricted driving privilege options and explain how to make the best arguments to the Judge for such a motion to be granted. The granting of restricted driving privileges is at the Judge’s discretion.
What is Improper Driving?
Improper driving is a lesser offense of reckless driving in Virginia pursuant to Va. Code § 46.2-869. Improper driving is a minor traffic infraction not a criminal offense. In cases where the degree of culpability is slight, the Judge may find the defendant motorist not guilty of reckless driving but guilty of improper driving.
Will my case be dismissed if the police officer does not show up for Court?
The police officer who issues a Virginia Uniform Summons for reckless driving and sets the matter for arraignment or trial uses a date and time previously provided by the courts. Police officer’s are not required to appear in court for an arraignment. The Judge formally informs the defendant motorist of the charge and the right to counsel. At trial, the police officer must be present and is required to testify in order for the prosecution to be able to prove its case.
If the police officer is not present at trial then the matter can only be continued if there is evidence of good cause. The prosecution can make this motion or the Court can make it on its own motion. Examples of good cause could be illness, death of a family member, or a public safety emergency. Getting a reckless driving case in Virginia dismissed because the police officer is not present and there is a lack of good cause to continue is rare.
How many DMV demerit points is a reckless driving conviction in Virginia?
Reckless driving in Virginia is a 6 demerit point offense. The Virginia DMV will assess your driving record 6 demerit points once the abstract of your conviction is received from the Court. Demerit points will also be assigned to your record for traffic convictions incurred in other states. For drivers licensed to drive in other states, the Virginia DMV will create a driver history -if one does not already exist- and assess 6 demerit points. Virginia reckless driving convictions stay on the DMV driving record for 11 years.
How does a reckless driving conviction affect automobile insurance?
Driving aggressively and getting caught can definitely make your automobile insurance rates go up, but how much they’ll increase can depend on factors like where you live and any other convictions that are on your driving record. A reckless driving conviction is generally considered a “major violation” by insurance companies, along with convictions such as drunk driving, racing, and hit and run. It’s very possible that your insurer will not renew your auto insurance policy at renewal time after a reckless driving conviction.
According to a study conducted by Forbes.com and information for Quadrant Information Services as of April 2022, the average automobile insurance rate increase for someone with a reckless driving conviction varies by company, but the average rate increase across all companies analyzed was 61%.
Company | Good Driver Average annual rate | Average rate after Conviction | Average rate increase after Conviction |
---|---|---|---|
USAA
|
$1,141
|
$1,679
|
47%
|
Erie
|
$1,499
|
$1,782
|
19%
|
State Farm
|
$1,486
|
$1,939
|
31%
|
Nationwide
|
$1,154
|
$2,274
|
97%
|
Travelers
|
$1,533
|
$2,275
|
48%
|
Geico
|
$1,277
|
$2,574
|
101%
|
Progressive
|
$1,863
|
$2,635
|
41%
|
American Family
|
$1,711
|
$2,683
|
57%
|
Auto-Owners
|
$1,632
|
$3,115
|
91%
|
Allstate
|
$2,206
|
$3,125
|
42%
|
Farmers
|
$2,277
|
$3,523
|
55%
|
Shelter
|
$2,689
|
$4,128
|
53%
|
State Auto
|
$1,960
|
$4,210
|
115%
|
Average
|
$1,725
|
$2,765
|
61%
|
Average % automobile insurance increase by State after a reckless driving conviction
State | Average % rate increase |
---|---|
Rhode Island
|
78%
|
Nebraska
|
61%
|
Nevada
|
49%
|
New Hampshire
|
109%
|
New Jersey
|
75%
|
New Mexico
|
50%
|
New York
|
39%
|
North Carolina
|
83%
|
North Dakota
|
62%
|
Ohio
|
68%
|
Oklahoma
|
42%
|
Oregon
|
66%
|
Pennsylvania
|
66%
|
Montana
|
47%
|
South Carolina
|
47%
|
South Dakota
|
62%
|
Tennessee
|
83%
|
Texas
|
51%
|
Utah
|
56%
|
Vermont
|
100%
|
Virginia
|
80%
|
Washington
|
61%
|
West Virginia
|
77%
|
Wisconsin
|
73%
|
Wyoming
|
54%
|
Indiana
|
86%
|
Alaska
|
38%
|
Arizona
|
48%
|
Arkansas
|
48%
|
California
|
147%
|
Colorado
|
54%
|
Connecticut
|
90%
|
Delaware
|
56%
|
Florida
|
37%
|
Georgia
|
66%
|
Hawaii
|
150%
|
Idaho
|
56%
|
Illinois
|
80%
|
Alabama
|
48%
|
Iowa
|
98%
|
Kansas
|
49%
|
Kentucky
|
73%
|
Louisiana
|
41%
|
Maine
|
66%
|
Maryland
|
73%
|
Massachusetts
|
83%
|
Michigan
|
163%
|
Minnesota
|
66%
|
Mississippi
|
50%
|
Missouri
|
40%
|
It Is Important That Your Lawyer Clearly Explains Your Options To You
Navigating the legal system can be daunting, especially for those unfamiliar with the Virginia court system. We evaluate your case by listening to you, hearing from you and what happened from your point of view. We represent you in court. In many cases, we can appear in court for you without you having to return for your case. We work to dismiss or reduce the charges that have been filed against you. Our law firm leverages the experience of having successfully represented over 30,000 clients. We have a deep understanding of Virginia’s traffic and criminal laws. Our reckless driving attorneys will use our massive courtroom experience to best advocate for you and provide a robust defense.
We Are Trusted Legal Professionals That Defend Reckless Driving Summons In Virginia
Riley & Wells Attorneys-At-Law is a recognized “Best Law Firm” by U.S. News & World Report and also maintains a Martindale-Hubbell “AV Preeminent” rating. An AV Preeminent rating is the highest level of peer rating and signifies that the lawyer’s peers rank them at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Our attorneys are also regularly recognized for their excellence according to other various legal authorities. Our Virginia attorneys specialize in defending reckless driving cases.
Call Us For Help If You Have Received A Reckless Driving Summons in Virginia
Our legal team is dedicated to providing the highest level of legal representation. We understand that every case is unique, and we tailor our approach to meet the specific needs of each client. Our goal is to minimize the impact of a reckless driving charge on your life and to help you move forward.
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Experience Matters – We Will Explain Your Best Options And Possible Outcomes
We begin with a thorough evaluation of your case when you contact our law firm. We review all the details, including the circumstances of your traffic stop, the evidence against you, and any previous offenses. This allows us to identify the best defense strategies and advise you on your options.
Knowledgeable And Effective Defense Strategies Fighting For Your Rights And Freedoms
Our defense strategies are tailored to each client’s situation. We may either challenge the sufficiency of the prosecution’s evidence, present evidence of mitigating circumstances, or both. In either case, our goal is to present your case in the best light possible and to secure the best possible outcome for you.
Experienced Courtroom Representation With A Long Track Record Of Satisfied Client Outcomes
Riley & Wells Attorneys-At-Law has represented more than 30,000 clients in court and has more than 1500+ Reviews with a 4.9 out of 5-star rating. We ensure that your rights are protected throughout the legal process. Our attorneys are experienced in negotiating with prosecutors and presenting winning arguments before judges. We actively seek to have your charges dismissed or reduced.
Contact Us for Expert Legal Help
Contact us today if you are facing a reckless driving charge in Virginia. Our team combines legal expertise with a deep understanding of law enforcement procedures to provide the best defense possible. Do not attempt to navigate this complex legal landscape alone – let us help you achieve the best possible outcome.
Why Retain Riley & Wells Attorneys-At-Law to Defend Your Virginia Reckless Driving
- Experience: Over 60 years of combined experience in traffic and criminal law.
- Expertise: A deep understanding of legal procedures and law enforcement techniques from having successfully represented over 30,000 clients
- Results: A track record of successful defenses and satisfied clients.
- Dedication: Committed to achieving the best outcomes for our clients.
We understand that facing reckless driving charges can be overwhelming. Our firm is here to guide you through the process, protect your rights, and fight for your future. Contact us today for a complimentary initial consultation and let us put our experience to work for you.
Riley & Wells Attorneys-At-Law for Virginia Reckless Driving Defense
***Our attorneys are licensed to practice law in all Virginia Courts***
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Riley & Wells Attorneys-At-Law is registered to practice law with the Commonwealth of Virginia State Corporation Commission. Our attorneys are licensed to practice law in all Virginia Courts by the Virginia State Bar. We are an “AV Preeminent” rated law firm by Martindale-Hubbell and a “Best Law Firm” according to U.S. News and World Reports for the highest level of professional excellence in legal ability and ethical standards. Martindale-Hubbell and U.S. News and World Reports are distinguished, established organizations that publish reliable information regarding attorneys and law firms. Other lawyer rating organizations such as Virginia Super Lawyers, Legal Elite by Virginia Business Magazine, Avvo.com, and others also routinely recognize our firm for outstanding legal ability and the highest ethical standards.
08/05/2024 | Updated 8/20/2024