A Closer Look at Reckless Driving in Virginia
Reckless driving, which is more serious than a regular traffic ticket in most states, is especially serious in Virginia. In many cases, a simple speeding ticket in Maryland or D.C. is a criminal offense in Virginia, with severe short- and long-term consequences. Therefore, understanding how Virginia defines reckless driving, the penalties involved, and what to expect if charged is important for any driver.
Understanding reckless driving is an important part of the equation. But only a Leesburg criminal defense lawyer effectively advocates for drivers in court. All the knowledge in the world is useless without the means to put this knowledge into action. A Leesburg criminal defense lawyer thoroughly evaluates your case, identifies all possible defenses, and works toward a successful resolution.
What is Reckless Driving in Virginia?
Virginia law broadly defines reckless driving as operating a vehicle in any manner that endangers life, limb, or property.
The most common form is reckless driving by speed, which occurs when a driver travels 20 miles per hour or more over the posted speed limit, or in excess of 85 miles per hour, regardless of the speed limit.
Reckless driving charges can also arise from behaviors such as racing, passing a stopped school bus, driving with faulty brakes, failing to yield the right of way, or driving too fast for road and weather conditions, even if the driver doesn’t exceed the posted speed limit.230
Criminal Nature of the Offense
In Virginia, reckless driving is a Class 1 misdemeanor, not a traffic infraction. So, a conviction creates a criminal record, which can affect employment opportunities, background checks, and insurance rates. Many drivers are surprised to learn they may be required to appear in court rather than simply paying a fine.
Penalties for Reckless Driving
Penalties for reckless driving can be severe. A judge may impose up to 12 months in jail, a fine of up to $2,500, or both. In addition, the court may suspend the defendant’s drivers’ license for up to six months. The Virginia Department of Motor Vehicles also assigns six demerit points to a reckless driving conviction. The points remain on a driver’s record for eleven years. Mostly because of the points, auto insurance premiums often increase significantly following a conviction.
Court Process and Driver Expectations
Drivers charged with reckless driving must typically appear in General District Court. The officer who issued the citation may testify, and the judge will review the evidence, including speed measurements and driving conditions.
A Leesburg criminal defense lawyer may present mitigating factors, such as a clean driving record, completion of a driver improvement course, or circumstances that justify a reduced charge. In some cases, judges may reduce reckless driving to improper driving, a lesser offense with fewer penalties.
Possible Reckless Driving Defenses
Possible defenses include challenging the accuracy of speed-measuring devices, questioning whether driving behavior truly endangered others, or arguing necessity in emergency situations.
Pacing a speed, the most common speed-measuring device, is little more than guessing a speed. Furthermore, the most reckless driver in history endangers no one, if traffic was light. Finally, if an “emergency” exists in the mind of the defendant (e.g. late for an important meeting), the necessity defense could hold up in court.
Connect With a Diligent Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and after-hours visits are available.
Source:
law.lis.virginia.gov/vacodefull/title46.2/chapter8/article7/
