Via VALawyersweekly, the Virginia Court of Appeals determined that Improper Driving is not a lesser included offense of Reckless Driving, and therefore it was legal to charge the person with both reckless driving and improper driving.

In the Appeals Court case, the attorneys argued that the woman should not have been charged with both offenses, since as a lesser included offense, it would be like being charged twice for the same action. For example, you can’t be charged with both grand larceny and petite larceny for stealing the same item.

The court rejected that argument, saying the law was specific and clear that reckless driving by speed is merely the act of driving over 80mph, and improper driving requires “slight culpability”, which reckless does not. They stated that it was entirely possible to be charged with reckless, but not be driving “improperly”.

This ruling has no particular bearing on the common plea bargain in reckless driving cases where a judge allows a defendant to plead guilty to a lesser, non-criminal offense of improper driving.

Here is a well written and clear explanation of what is commonly refereed to as the “Move Over/Slow Down” law in Virginia.

This confusing and commonly misunderstood law says that if there is an emergency vehicle with lights flashing in the right lane/breakdown lane on a highway, a driver must move over one lane unless unsafe to do so, in which case he must “proceed with due caution”.

Merely “slowing down” is not sufficient, and may result in a criminal charge of reckless driving under Virginia statute § 46.2-921.1 if a police officer questions your decision. Whether or not it was “unsafe” for you to move over will be a decision for a judge, and the wrong decision could result in jail time, license suspension, and a criminal record.

Very few Virginians truly understand this complicated distinction, and the consequences and serious criminal penalties that can result.

The word to the wise is – make every effort to always Move Over a lane on the highway with a police car on the side of the road. If you don’t, your judgment can always be questioned. You don’t want to be in a position of depending on the temperament of the officer and the judge in court, since those calls won’t always go in your favor.

And, of course, you’ll want a good reckless driving defense lawyer on your side if you find yourself in court.

I ran across an amusing post on a message board asking for help on a reckless driving ticket in VA.

Hey guys, I ran into some bullsh*t cops today on I95. I was apparently going 105mph in a 55mph zone. I think the cops were just jealous of my modded Honda Civic, so they decided to pull me over. It was total bullsh*t man. They’ve probably never even seen Fast & Furious. There was like nobody on the road, except the people behind me that I was passing. I am so pissed. They said it was reckless too!

What should I do? Hire a lawyer? Hire an attorney? Try to sue the cops for lying? It was really embarrassing to have to pull over for these idiots. It’s like they have nothing better to do. Should I just ignore it? What’s the worst that could happen? I don’t want to have to pay for this fine. If I ignore it will it just all go away? I just want to close my eyes and make it all go away….Please, anyone out there? Helloooooo?

Maybe this is a fake plea, but it is entirely plausible that there are people this young and ignorant on the roads.

It is amusing to think that someone might suspect “jealousy” as a motive for a police stop, over the less emotionally dramatic, but more practical possibility that the cops decided to pull him over because he has traveling 50mph OVER the posted speed limit.

For that kind of speed, it will likely take some fairly miraculous lawyering and judge on painkillers to keep him out of jail. Most of the time 90+mph is plenty for an invitation to be a guest of the Commonwealth for a few days, and over 100mph is asking for an extended stay.

And some Virginia judges are perfectly willing to require some jail time for ANY reckless driving charge of any speed.

For any criminal offense, it makes sense to consult with an experienced Virginia defense attorney. Just because the incident resulting in a traffic citation, and not an arrest on the spot, doesn’t make it any less serious. Reckess driving is a criminal offense, as serious as a DUI. Any Class 1 misdemeanor conviction is a serious black mark, resulting in a criminal record that can haunt you for years, and possibly the rest of your life.

So take advantage of a criminal defense case evaluation. Even talk to several different attorneys if you need to, in order to find the attorney who gives you the best advice, and really knows what he or she is talking about.

And, no, a criminal citation for reckless driving in Virginia will absolutely not “go away” if you ignore it. Be smart, and deal with something like this as quickly and aggressively as possible. Because there is often a lot you can do to help yourself and get charges significantly reduced.

The Albemarle County Virginia sheriff has announced aggressive reckless driving enforcement and patrols along Seminole Trail (Route 29) in Albemarle County. Drivers along this road are said to routinely ignore posted speed limits of 45 miles per hour, and the number of incidents of traffic accidents is high.

Everyone is supportive of safer roads, but there are parts of this road where it is very easy to naturally gain speed. And given that speed limits along route 29 were recently lowered, there are going to be a lot of Virginia drivers just making an honest mistake who end up with a criminal reckless driving charge.

At the bottom of the article is a strange and possibly telling note: that police also intend to use these vehicle stops to check drivers and vehicles for “secondary violations”, which include seat belt violations, equipment problems, and as mention in the video, impaired driving, in addition to speeding or reckless driving by speed.

I wonder exactly what equipment violation would count as a secondary violation? Under the law, broken tail light or an expired inspection would be a valid primary reason for Virginia police to pull you over. So what else are they hunting for?

Given that reckless driving charges are a significant revenue source for the government, one has to be suspicious that these reckless driving enhanced enforcement patrols are at least partially influenced by a desire to pick up some extra money in a difficult economic environment. And that is a tough thing to do when Virginians, like all Americans, are struggling with their own family’s economic and job security.
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If you are charged with the crime of reckless driving in Virginia, contact our attorneys for a free consultation. We’ll let you know how we can often get your charges reduced to a civil penalty, saving you thousands in fees and insurance costs, and keeping you from getting a permanent criminal record.

The consultation is free, with no further obligation.