However, the law was repealed a year later, and this is no longer a potential consequence. Of course a lot is going to depend upon what is written in the Police officer's narrative in the Police report and your past driving history. Usually, yes, that can be a big plus. If you are charged with reckless driving in Virginia, you may not realize the serious consequences of a conviction, or that you may have options to lessen them. In Virginia, your first trial for a misdemeanor like reckless driving will take place in the General District Court (or Juvenile & Domestic Relations Court for juveniles). Fine, jail, and getting home. See full text of the law: § 55-10-205. Because reckless driving is a criminal misdemeanor, not a traffic violation, an appearance in court is required; this is not a charge that can just be dealt with through the mail. For example, driving 20 mph or more over the posted speed limit or over 85 mph, regardless of how far over the maximum speed limit you were driving, can result in being charged with a reckless driving offense based on the speed alone. 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.
Unless you are able to have your record sealed, your criminal record could negatively affect any background checks, employment, housing, and more. Can I get my reckless driving ticket in VA get dismissed or reduced to a lesser charge? At a railroad crossing. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties.
Speeding over 20 mph in excess of the speed limit, or driving faster than 80 mph regardless of the posted speed limit. It is possible, yes, but it is something we can work and fight to avoid. If you are going 85 mph or faster you will be issued a misdemeanor summons for reckless driving in violation of 14-222 with a mandatory court appearance date. 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. The judge may also ask if you have anything that you'd like to say about the case, which can give you a chance to ask for an alternate outcome. The dread builds as you realize they're after you.
However, you could be charged with reckless driving instead of speeding if you are driving over the posted speed limit—even if you are only driving 15 mph over it. Some types of evidence that may be helpful include: - Calibration of Your Vehicle's Speedometer. Or you can contact us online for a prompt response. Reckless driving deals with how you drive; Aggressive driving deals with your intent when you drive. WINDOWPANE is the live-streaming app for sharing your life as it happens, without filters, editing, or anything fake.
Failing to give proper signal (Virginia Criminal Code Section 46. If you owe any money in fines and costs to the court, you have at least 30 calendar days to pay. This would be a terrible idea. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. Essentially, if you drive the way a cop thinks you intended to harass, injure, obstruct, intimidate, or interfere with other drivers, not just the way you were driving, you can be charged with aggressive driving.
Some judges may be fair and lenient and reduce or drop the charges easily, but many will not. You cannot identify the defenses that will help you or effectively raise them in court on your own. Your Virginia reckless driving defense attorney can help you accomplish this. However, Virginia will report the offense and any imposed suspension or points to your home state. Unlike a ticket for speeding or other moving violations, reckless driving is a criminal charge in Virginia. Witt Law Group serves individuals that have been charged with the crime of Reckless Driving in Kitsap, Pierce and Jefferson Counties. If you have hired an attorney, there may be a few other parts to your reckless driving trial. This law is very broad, which gives the court leeway in determining whether someone is guilty of reckless driving.
With the help of a skilled attorney, a reckless driving charge could be reduced to "improper driving, " a speeding or other moving violation, or in some cases, a simple equipment violation. Even if you've been to court, you still may not know what to expect in the courtroom. That's a pretty basic traffic offense, and as long as you pay the fine, it pretty much goes away. Law enforcement officers pull over thousands of drivers every day for traffic violations, many times resulting in criminal charges for the alleged violations. Usually, reckless driving is a Class One misdemeanor, punishable by up to 12 months in jail and/or up to a $2, 500 fine. Being charged with reckless driving is not the same as getting a traffic ticket in North Carolina. This penalty generally applies when passing in a no passing zone where there is limited visibility due to a hill or a curve. One of the biggest mistakes you could make is not hiring an experienced traffic ticket lawyer as soon as possible after you are charged with reckless driving. Without video tape evidence the State's case is going to come down to the testimony of the arresting officer's personal opinion on why the particular driver was driving recklessly as opposed to just speeding and swerving between lanes on the other hand.
In most Virginia courts, for a typical "reckless by speed" or "20 mph over the limit" reckless citation, jail is rare unless the judge has a specific issue. The best way to avoid making serious mistakes in a Leesburg reckless driving offense is to contact an experienced Leesburg reckless driving attorney right away. You can receive a charge for reckless driving by speed for going 20 miles over the speed limit and/or going over 80. There are at least 15 separate reckless driving offenses, and they include the following: - Driving over the speed limit by 20 miles per hour or more or in excess of 80 miles per hour under Virginia Code § 46. We fight for your rights! Canada and other countries customs and border agents may restrict entry to travelers with misdemeanor convictions, like DUI and drug possession. The officer's testimony. Not appearing in court for your case. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. In addition to that, you can be charged in relation to an auto accident, you can be charged in relation to passing a vehicle, you can also be charged in relation to dangerous equipment issues also known as the fault brake statute. Pick the Right Option.
Arraignment is an initial hearing that is held in cases where jail time is a possible outcome. Second, discuss with your attorney whether you should take a driver education or driver improvement course. The judge will have you take the oath, and you'll get to talk. What driving behaviors are considered reckless driving in VA?
In addition, reckless driving is a misdemeanor offense, and you will have a permanent criminal record if convicted. In addition to that, it carries 6 DMV demerit points which can have a long term impact on your insurance. Depending on the specific facts of the case, it may be charged as a Class One misdemeanor or a felony. What are some reckless driving defense strategies that could help me? The statutory citation for reckless driving is Connecticut General Statutes Section 14-222. I do this routinely for clients who are charged with reckless driving by speed at speeds less than 100 mph and 30 mph or less over the speed limit. Your constitutional rights were violated. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. In this case, the punishments are the same. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. The sentence may include severe fines or a prison sentence. You should call us for a free case evaluation to discuss the facts of your case so we can give you specific guidance about how your case should be defended.