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Virginia Authorities Charge Truck Driver With Reckless Driving

DefenseLaw

A Virginia dump truck driver is charged with reckless driving after getting stuck under an overpass, according to an article by ABC affiliate WRIC.

The Virginia State Police reported that the truck driver was driving on Interstate 95 when he unintentionally activated the controls for the dump truck bed. The bed began to rise at an incline, and the truck got stuck under the overpass at Truslow Road.

As a result of this incident, the truck driver received medical treatment for minor injuries at a local hospital. In addition, this truck driver faces criminal charges for reckless driving. While this legal case continues to develop, it seems like an appropriate opportunity to review the Virginia statutes that govern reckless driving.

Virginia Laws Against Reckless Driving

There is a general rule against reckless driving that appears under Code of Virginia Section 46.2-852. This section makes it unlawful to operate any vehicle in Virginia in a way that threatens the safety of property or other people.

Virginia law also classifies more specific types of behavior as reckless driving, including, but not limited to:

  • Failing to yield or reduce speed when approaching emergency vehicles;
  • Passing or overtaking other vehicles at a railroad crossing;
  • Driving with impaired control or an obstructed view; and
  • Failing to yield the right-of-way when required to do so.

Virginia Punishment for Reckless Driving

The punishment for reckless driving appears under Code of Virginia Section 46.2-868. This section typically classifies reckless driving as a Class 1 misdemeanor. A conviction at this level can lead to a maximum of one year in jail and $2,500 in criminal fines.

Section 46.2-868 also details how reckless driving can become a Class 6 felony. Under this section, it is a felony to commit reckless driving and cause the death of a victim, if the offender had a suspended or revoked driver’s license. A conviction at this level can lead to a maximum of five years in prison and $2,500 in criminal fines.

Virginia License Suspension for Reckless Driving

Reckless driving can result in license suspension under Code of Virginia Section 46.2-393. This section enables the Virginia courts to suspend the license of any reckless driver for a period of 60 days to six months. This is a discretionary power; license suspension is not mandatory for every reckless driving conviction.

Virginia law also establishes separate considerations for any individual with a commercial driver’s license (CDL), like the truck driver mentioned above. In these cases, reckless driving is considered a serious violation by the Department of Motor Vehicles (DMV).

Under the Virginia DMV’s rules, any individual with a CDL who operates a commercial vehicle and commits:

  • Two serious violations within 36 months — Faces CDL disqualification for 60 days; or
  • Three or more serious violations within 36 months — Faces CDL disqualification for 120 days.

Contact Us Today for Help

The Leesburg reckless driving attorneys at Simms Showers LLP have experience assisting clients throughout Virginia. Contact us today for professional help.

Resource:

wric.com/traffic/i-95-lanes-closed-north-of-fredericksburg-for-stuck-dump-truck/

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