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Virginia Reckless Driving
- Frequently Asked Questions
Also see our Reckless
Driving Defense page.
Reckless Driving Answers
Yes, if you were pulled over and giving a
summons to appear in a Virginia criminal court on reckless driving
charges, you could be sentenced to as much as a year in jail, and
face a suspended driver's license for 6 months, $2500 in fines,
and a criminal record that could follow you around for the rest
of your life.
Going to court on a reckless driving summons
without at least speaking with a lawyer first is a very risky
proposition. Not all reckless driving charges are alike, and not all
courts and judges treat them the same way. Some judges may be fair and
lenient and reduce or drop the charges easily, but many will not.
Some judges and courts will give you
a good deal, especially if you have a clean driving record, but
only if you present and file the proper motions. And some
courts, like Fairfax, may not allow you to negotiate with the
prosecutor without a lawyer. You could be at the mercy of the
judge to issue whatever sentence he decides.
So the real answer is, it depends. Having a
lawyer who knows how to argue the facts and knows how sympathetic a
judge is likely to be to any particular argument is a huge plus, and can
save you thousands of dollars. Maybe you can get the same results on
your own, but you really won't know until it's too late to do anything
about it.
It makes sense to take advantage of our
free case evaluation on your charge of
reckless driving in Virginia. Then you can at least be informed about
the facts of your case and decide if we can help you.
You could just pay the citation,
that's true. If you are lucky enough that you can afford the
thousands of dollars in fines, fees, and insurance rate
increases. But you will be agreeing to a permanent criminal
record that could have implications and consequences in your
life for years to come.
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A permanent criminal record
can affect your future job opportunities if you have to
declare it on a job application. You can't get some security
clearances or be hired in most law enforcement careers. If
you are applying for citizenship, a criminal conviction
could affect your eligibility. Any background check will
show that you have a misdemeanor criminal conviction. This
public record could very well be available with any google
search at some point in the future.
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It will save you money.
An amount that can easily get into the thousands of dollars,
even after paying our attorney's fees.
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Rental car agencies may
refuse to rent you a car. All the major rental
agencies - Hertz, Avis, Thrifty, Budget, Dollar, and
Alamo - have connections to online DMV databases, and they
can choose to deny you the right to rent a car if you have a
criminal driving charge. If you are a frequent business
traveler, this could be a real potential problem for you.
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Canada and other countries
customs and border agents may restrict entry to travelers
with misdemeanor convictions, like DUI and drug
possession. A reckless driving conviction could be flagged
at the border and cause you to be denied entry if you don't
disclose it.
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You can win if you
fight. It is very possible to get the charges reduced
down from a criminal offense in many cases. For case
evaluation of your exact situation, please call (866) 382-8646
or contact us via the form to the right.
Yes, it is absolutely possible. Some
judges are extremely tough on reckless drivers. In most Virginia
courts, for a typical "reckless by speed" or "20 mph over the
limit" reckless citation, jail is usually not likely.
A defense attorney who knows the
court and the judges will be able to advise you of the risks,
but it absolutely does happen in some courtrooms. Get a
case evaluation from our attorneys to
find out what your risks are in the Virginia court where you are
scheduled to appear.
For more extreme reckless driving
charges, such as traveling over 90 or 100 mph, or other behavior that
seriously endangers the public, jail time is likely in
many courts if you are found guilty. You need a defense lawyer to protect you from.
Definitely not. You need to speak to a
lawyer before doing anything to make sure you aren't admitting to
something that could easily be dismissed or reduced, saving you
thousands of dollars and a permanent criminal record.
Yes, there are many excellent legal and
procedural arguments that may be able get your case dismissed.
We can challenge the circumstances
of the stop, challenge the calibration and maintenance of the
device that clocked you speed, and more.
But for most people, the simplest
thing to do is argue for a reduction in charges to a civil (non
criminal) traffic offense, like Improper Driving,
or even a simple speeding ticket.
In many courts, a lawyer who knows the
system can fairly easily get the charges reduced from a criminal down to
a civil charge, saving you thousands of dollars in fines, fees, and car
insurance rate increases, as well as keeping your criminal record
clean.
In more complex cases, or if there
is a judge who is unsympathetic to a standard charge reduction,
we can often make other arguments that will help, including
driver improvement classes, car maintenance, or extenuating
circumstances and personal hardship.
The goal is to make sure you don't
have a criminal record, which will show up in simple background
checks, and can affect your life in hundreds of ways, from
getting a job, renting an apartment, getting a loan, and more.
That's what I focus on primarily. If we have to fight to get
there, then we will fight.
It is possible, yes, but it is
something we can work and fight to avoid. It depends on the
number of points you currently have on your driving record, the
nature and seriousness of the reckless driving offense, and a
number of other factors.
For a "20mph over the limit"
or an "80mph" violation, with no other extenuating
circumstances, and in front of a fair judge, this can be
avoided.
So in most cases, you will keep your
license with an experienced criminal defense lawyer representing
you. But, for example, if you are charged with a reckless over
85mph in a 55 zone, or 30mph over the speed limit, many judges,
particularly in the Fairfax court, will sentence you to a 6
month suspension of your driver's license.
In court, not necessarily, but
judges may be less inclined to be lenient on sentencing or
reduce the charges, and may want to "send a message".
But the DMV will definitely require
you to complete a driver improvement clinic anytime an underage
driver gets points on your license.
If your license is suspended, and
you need to drive to work, then that is a risk. Avoiding the
driver's license suspension would be our top priority in court.
If you have a job where a criminal
conviction could result in termination, then that is possible.
Many people in Virginia have government jobs with security
clearance requirements, and a criminal record could be a
violation of your employment contract. That is another reason to
fight to get the reckless charge dropped to a non-criminal
citation.
Any criminal conviction for reckless
driving can certainly affect your future job opportunities. It
can prohibit you from many law enforcement, civil service, and
government jobs. And any employer may hesitate to hire you, or
even interview you if they see a criminal conviction on a
commonly used background check.
Usually, yes, that can be a big
plus. If we walk into court and can document that you have a +5
rating (positive demerits), a judge may more easily
agree to a reduced fine and reduced charges.
In the opposite case, having
negative points / demerits on your driving record may mean some
extra effort and hard legal negotiating to get you a positive
outcome and reduction of the charges to an improper driving
offense, or other reduction.
We can discuss this in a
consultation, but some of the things we often need or use in
court are:
1) A certified copy of your
driving record. We need to know your driving history, and if
it is clean, we can present the records to the judge as evidence
of your excellent driving history.
This
record can be obtained easily from the
Virginia DMV online or in person for $13.
2) A speedometer calibration test.
In cases where you were very close to the limit, if a
speedometer test shows that it appears lower than it should
could help prove that you would not have known you were
speeding. We don't use this in all cases, but with close
reckless by speed cases, it can sometimes be helpful.
3) A driver improvement course.
Voluntary Virginia driver improvement programs can sometimes be
helpful in showing a judge you are serious about correcting a
mistake or bad driving habits.
There are a few courses available
online here
and here.
But we can discuss how helpful they would be in your situation.
Not usually. In many cases, if you hire us
you won't have to show up in court. We can appear on your behalf and get
the charges reduced. You'll get a notice in the mail of the new
disposition, pay the reduced fine, and that will be the end of it.
This is a huge benefit to people who live
far away from where they got pulled over and can't easily make it to
court.
We handle lots of reckless driving charges
for out of state residents from Pennsylvania, Maryland, New Jersey,
North Carolina, and more. I don't know if the Virginia state police are
more likely to pull over people with out of state license plates, but
sometimes it seems that way!
Representation in court for most simple
reckless driving ticket defenses costs under $1000. Sometimes quite a
bit less, depending on the court, the case, and other factors. Getting your ticket
reduced will save you many thousands of dollars, and can save you the
time and effort of going court.
An initial consultation on your
reckless case is
absolutely free, and we'll tell you exactly what we
would charge you for representation, and what you will
save by hiring a lawyer to get the charges reduced.
So call or email to get some advice, and we can
discuss your options, so you can decide what makes sense for
you. (866) 382-8646
Update: The Virginia abusive
driver fees law has been
repealed.
A new Virginia law passed on July 1,
2007 added additional fees for Virginia residents found guilty
of many driving offenses, including reckless driving. It will
cost you an extra $1050 over 3 years if you live in Virginia.
When you renew your Virginia registration, you'll be charged an
additional $350 each year.
Also see my
abusive driver fees
press release.
Practically anywhere. Some
jurisdictions are tougher than others, but we commonly see
driving 20mph charges across the state on I-95, I-81, and I-64.
Out of state drivers passing through with license plates from
North Carolina or Maryland are frequent targets for a reckless
driving citation from local VA police officers or the Virginia
State Police (VSP).
The Dulles Toll Road in Fairfax is a particularly popular spot
to get a reckless driving ticket.
There are also frequent and aggress
patrols around many different parts of the state. Many different
parts of route 29, from Charlotteville/Albermarle county all the
way down to Lynchburg see reckless driving patrols.
A law that is being enforced more
often is the Slow down / Move Over law that requires you to slow
down when there is a police, ambulance, fire, or emergency
vehicle parked on the right side of the road with lights
flashing.
If it is a multiple lane road, you
are required to "move over" to the left lane, if able to do so
safely.
This law is subjectively enforced,
since however much one must slow down is not explicit in the
statute, 46.2-921.1.
More on
slow down / move over.
Reckless driving offenses come in many
different flavors, and some are trickier to defend that others. Most are
based on the observations of a police officer, so they can be very
subjective in their judgment. This can be the basis of our defense in
court.
Speeding - Driving 20 MPH over the
posted speed limit (Virginia Criminal Code Section 46.2-862)
The most common reckless driving
charge is simply driving 20 miles per hour over the limit. This
is usually the easiest charge to get reduced from a criminal to
civil speeding ticket. Commonly referred to as "Reckless
by Speed".
Speeding - Driving 80 MPH (VCC
46.2-862)
Also common. Most judges are less
likely to agree to a reduction to a simple speeding ticket if
you were driving 80 miles per hour or higher, but we can often get the
charge reduced to Improper driving (not a criminal charge).
Failing to give proper signal (Virginia Criminal Code
Section 46.2-860)
Failing to use turn signals
properly. Yes, a simple mistake like a missed turn signal can
get you a criminal charge!
Driving vehicle which is not under
control; faulty brakes (VCC 46.2-853)
Poor brakes, or stopping to quickly
or slowly.
Driving too fast for highway and
traffic conditions (VCC 46.2-861)
This one is purely subjective, based
on the officer's opinion of traffic, weather or road conditions.
You could be cited at any speed for reckless driving if the
police officer thinks it was too fast for the situation.
Failure to yield right-of-way (VCC
46.2-863)
If the officer believes you did not
yield when another driver had the right of way, he can cite you
for reckless driving.
Reckless driving; general rule -
endangering (VCC 46.2-852)
Another purely subjective charge. If
the officer believes you were driving in any way that was
reckless or endangering others on the road, he will ticket you
under this law. Also known as driving to endanger, or operating
to endanger.
Passing a stopped school bus (VCC
46.2-859)
Passing an emergency vehicle (VCC
46.2-829)
Applies to any police vehicle, fire
engine, ambulance, or other legitimate safety or law enforcement
vehicle with flashing lights and a siren.
Slow Down / Move Over For Emergency
Vehicle (VCC 46.2-921.1)
Driver must slow down to a "safe"
speed, or move over to the left lane on a multiple lane road if
a police or emergency vehicle is parked on the right side of the
road.
Racing (46.2-865)
The Reckless Driving penalty for
racing also includes an automatic license suspension for 6
months to 2 years.
Passing on a grade or a curve
(46.2-854)
This penalty generally applies when
passing in a no passing zone where there is limited visibility
due to a a hill or a curve.
Driving two abreast in a single
lane (46.2-857)
Passing two abreast
(46.2-857)
These laws are open to some
interpretation, but you can be cited for reckless for driving a
motorcycle side by side with another motorcycle in the same
lane.
Obstructed View (46.2-855)
Too many people in the car, or two
many object that make it unsafe to drive or reduce your
visibility.
Parking Lot (46.2-864)
Driving recklessly or dangerously in
a parking lot
Passing at a railroad grade
crossing (VCC 46.2-858)
Passing two vehicles abreast (VCC
46.2-856)
Driving two abreast in a single
lane (Virginia Criminal Code 46.2-857)
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If you are accused of reckless driving or other traffic offenses in Virginia, call now
for a no-obligation, no-risk, free
consultation at (866) 382-8646. Find out exactly what can happen to you
in your case, and what a Virginia criminal traffic attorney can do to help.
Sincerely,
The attorneys of VaCriminalDefenseLawyer.com
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We defend clients across the Commonwealth of
Virginia. Northern Virginia,
including the Counties of Prince William, Fairfax, Fauquier,
Arlington, Alexandria, Falls Church, Spotsylavnia, Warrenton,
Culpeper, Hanover, Caroline, and the cities of Manassas, Manassas
Park, Haymarket, Dumfries, Quantico, and Vienna, VA.
Virginia
Beach/Norfolk, including Newport News, and Hampton, Chesapeake.
Richmond and Central Virginia.
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