Florida Drivers Charged with Reckless Driving in Virginia
Riley & Wells Attorneys-At-Law is a Virginia law firm that specializes in reckless driving defense. Our attorneys possess over 60 years of collective experience. Our firm is a recognized “Best Law Firm” by U.S. News & World Report. We know how to represent and protect our clients who are licensed to drive by the Sunshine State. Our Virginia reckless driving lawyers routinely represent drivers licensed in Florida who have been charged with reckless driving in Virginia. The most common incident involves speeding on I-95, I-85, I-77, I-81 and the Eastern Shore. Our VA reckless driving attorneys represent clients who have been charged with various types of reckless driving violations in the Virginia Courts every week.
***Our attorneys are licensed to practice law in all Virginia Courts***
Virginia Reckless Driving Attorneys That Defend Florida Drivers
Reckless driving in Virginia is classified as a criminal offense. A reckless driving conviction is punishable by up to 12 months in jail, loss of driving privileges and fines of up to $2,500. A conviction will also trigger the assessment of moving violation demerit points, significant increases in automobile insurance rates and potential employment issues. Virginia law contains 20 different reckless driving statutes. The most enforced statute criminalizes excess speed according to Virginia Code 46.2-862. CAUTION: A reckless driving conviction will on average increase the automobile insurance premium by 73% or $1,046 EACH YEAR according to Insurance.com
Our VA Reckless Driving Attorneys Represent FL Drivers
Florida Speeders Can Be Incarcerated By The Virginia Reckless Driving Law
Many Florida drivers are shocked once they learn that merely speeding is a criminal offense in Virginia that can lead to harsh penalties. Florida law does not automatically criminalize excessive speed like Virginia. Virginia code 46.2-862 criminalizes excessive speed in cases where the motorist is driving over 85 miles per hour or 20 miles per hour above the posted speed limit. According to Florida statute 316.1926, speeding 50 mph over the limit may still only be a traffic infraction. NOTE: The issuance of a summons or traffic ticket for reckless driving is NOT a conviction.
“AV Preeminent” Reckless Driving Lawyer in VA • Florida Driver’s License
For over 135 years, Martindale-Hubbell has been the authority for evaluating professionals for legal ability and ethical standards through a Peer Review Rating system established by lawyers and judges. Riley & Wells Attorneys-A-Law are AV Preeminent® rated Virginia reckless driving lawyers that represent Florida drivers. The highest Martindale-Hubbell peer rating standard. This rating is given to those who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers. Retain a Martindale-Hubbell AV Preeminent rated VA reckless driving lawyers for your case. Review the law firm’s legal rating and exercise caution before you secure representation with a firm that maintains an inferior rating for legal ability and ethical standards.
Florida Driver Can Be Incarcerated For Reckless Driving in Virginia
Many Florida drivers have no idea that reckless driving in Virginia is a criminal offense. With the exception of some racing cases, the offense is a class 1 misdemeanor. The maximum penalty is 12 months in jail. Most Florida drivers charged with reckless driving in Virginia will not see the inside of a jail cell even if convicted. That all changes if the Commonwealth Attorney considers your Virginia reckless driving case to be aggravated and sets the matter for arraignment. The Virginia Judge will advise the Florida driver of their right to hiring a lawyer. Do not take any chances at this point. Retain a top rated Virginia reckless driving lawyer with the experience to present your best defense.
Free Consultation for FL Driver Charged with VA Reckless Driving
Some Florida drivers think they do not need a Virginia reckless driving lawyer for their reckless driving case. The biggest issue is usually experience. Keep in mind that there can be a lot riding on the case because reckless driving is a criminal offense that carries harsh penalties. Our top rated Virginia reckless driving lawyers know the best tactics for obtaining good results. Our attorneys spend a significant amount of time in the Virginia Court every day and are familiar with the habits of the of the different judges and the law enforcement officers who issue reckless driving tickets. This knowledge is invaluable when determining how to best protect your Florida driver’s license and defend your VA reckless driving case. If you are looking for legal representation, learn more about working with a Virginia reckless driving lawyer.
Driving Faster Than 85 mph is Reckless Driving in Virginia
A typical scenario for the Florida driver involves driving through Virginia on Interstates 95 and 85. The speed limit in some places on Interstate 95 is 70 miles per hour. This can trigger being charged with a criminal misdemeanor offense for merely speeding 15 miles per hour over the posted speed limit of 70 miles per hour because speed evidence in excess of 85 miles per hour violates the Virginia reckless driving law.
Excessive Speed Alone Can Be Reckless Driving in Virginia
In Virginia, speed alone can prove a violation of the reckless driving law. The prosecution is only required to prove the alleged driver was operating a motor vehicle at an excessive speed. The prosecution does not have to prove that the driver intended to speed or to violate the reckless driving law. However, the Virginia Judge is not required by law to find the defendant motorist guilty of reckless driving even if the evidence proves a violation.
FL Driver Fails to Move Over Charged With Reckless Driving In VA
The Virginia Move Over law is different than the Florida Move Over law. Florida driver’s must comply with the Virginia law while driving in the Old Dominion. Va Code 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. In Florida, the equivalent law is a traffic infraction. In Virginia, this offense is usually considered a criminal misdemeanor reckless driving violation if an emergency vehicle is in involved. Contact a top rated Virginia reckless driving lawyer before thinking about representing yourself. You may have a valid defense and not realize it.
The Virginia Reckless Driving Law is Different Than Florida Law
On the other hand, Florida law requires evidence of other actions to prove willful or wanton conduct combined with excessive speed in order to be guilty of reckless driving. “Grossly Excessive” speeding on the other hand can be considered reckless driving if driving 80 mph in a 35 mph residential neighborhood or driving 120 mph on the interstate. In Florida, a motorist can often appear before the local clerk’s office to fix their traffic case if they elect to attend a traffic school. That is not the case in Virginia.
Virginia Reckless Driving Ticket Affects Florida Driver’s License
In Virginia, every case goes before the Judge on a trial date. A conviction for reckless driving in Virginia will be reported to Florida. It is also important to note that Florida treats out-of-state convictions as if the violation was received in Florida. The conviction will be sent to Florida to be added to the driver record. Points will be added to the driver license if the conviction is a point-accessible violation according to Florida Statute 322.27(3). Florida law does not allow any school or program to remove points for a citation received in another state. The conviction will post to the Florida driving record and demerit points will be assessed against the Florida driver.
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6/23/2019 | Updated 9/18/2025
