How Do I Get Out of Reckless Driving in Virginia?
Getting out of a reckless driving charge in Virginia is difficult, but not impossible. Virginia treats reckless driving as a criminal offense, not just a traffic infraction. It carries serious penalties such as jail time, fines up to $2,500, and drivers’ license suspension. Furthermore, a conviction leaves a permanent mark on a criminal record.
The good news is that, since reckless driving is so much more serious than a traffic ticket, it’s harder to prove than a traffic ticket. The best way to get out of reckless driving is to take the charge seriously, hire an experienced Leesburg criminal defense attorney, and show the court that you take responsibility for your actions.
Understand the Charge
In Virginia, Section 46.2-852 covers most forms of reckless driving. A few other statutes apply as well. The major kinds of reckless driving in Virginia include:
- Driving over 85 mph, or 20 mph over the posted limit (super speeder),
- Racing (against a clock or another driver),
- Driving in a way that endangers life, limb, or property,
- Passing illegally, such as in a no-passing zone or around a curve, and
- Failing to yield the right-of-way.
Many kinds of reckless driving are very subjective, especially the third bullet point. Almost any traffic infraction endangers life, limb, or property, at least theoretically. The subjective nature of reckless driving often plays into the hands of a Leesburg criminal defense lawyer. More on that below.
Generally, reckless driving is a Class 1 misdemeanor, which is the most serious type of misdemeanor in Virginia.
Hire a Good Lawyer
One of the most effective ways to fight a reckless driving charge is to hire a local traffic or criminal defense attorney. A good Leesburg criminal defense attorney:
- Closely reviews the facts of the case,
- Spots critical errors in the officer’s procedure or equipment (like radar calibration),
- Stands in for you in court if you reside out-of-state, and
- Negotiates with the prosecutor to reduce the charge to a simple traffic ticket or another lesser-included offense.
Why hire a Loudoun County attorney instead of one closer to you or a non-criminal lawyer you personally know? We’re glad you asked. Local defense attorneys are familiar with judges, prosecutors, and typical outcomes in that jurisdiction.
At trial, the Commonwealth must prove guilt beyond a reasonable doubt. Essentially, the defendant is presumed wrongfully accused unless proven otherwise. Common defense strategies include:
- Challenging RADAR/LIDAR accuracy, specifically calibration and use issues, in a super speeder or similar reckless driving case,
- Questioning the officer’s observations (e.g. was the defendant truly reckless or simply careless or negligent), and
- Challenging the reason for the stop (some officers cite drivers for reckless driving to pad their totals or because the driver annoys the officer).
Weak evidence in a reckless driving or other criminal case usually leads to a successful resolution, such as a complete dismissal of charges.
Mitigate Actions
A mitigating action, like voluntarily taking a traffic school class, is not technically a legal defense. However, prosecutors and judges usually look favorably upon defendants who voluntarily try to do better.
Other mitigating actions include writing a letter of apology to the court. The letter must say “I’m sorry” and not “I’m sorry I got caught.” Driving like a grandma between the time of arrest and the time of trial usually helps as well.
These and other mitigating actions may do little to affect the outcome of a case. But at the very least, they help drivers develop better driving habits. That’s always a good thing.
Connect With a Savvy 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. The sooner you reach out to us, the sooner we start working for you.
Source:
law.lis.virginia.gov/vacodefull/title46.2/chapter8/article7/
