Virginia Reckless Driving Ticket Defense
Were you given a traffic ticket for Virginia reckless driving? You should consult with a traffic lawyer before your court date. In this article I’ll explain the charge you’re facing, ease your fears, and show how I can help you.
Serious criminal offense
Virginia reckless driving is a class 1 misdemeanor. It is a criminal offense that carries six DMV points, a potential fine of $2,500, and a potential jail sentence of 12 months.
Aside from the fine and jail time, your license could also be suspended up to six months. And a reckless driving conviction stays on your record for 11 years.
Virginia reckless driving speeding
Most Virginia reckless driving tickets are based on speed. If you drive more than 20 miles per hour over the speed limit or over 80 miles per hour, you have committed the offense of reckless driving by speed.
A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
Catch-all reckless driving
If all else fails, a police officer could cite you for reckless driving, simply based on the fact that he/she thinks you are driving in a way that endangers life or property.
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
Mitigating factors
The basic reckless driving charge can be lessened by several important factors. It is important to consult with an attorney to determine what factors might apply to your case.
- Good driving record
- Speedometer reading incorrectly
- Radar calibration issues
- Legitimate emergency
There are many other factors that can play into some specific types of reckless driving charges. And your attorney might be able to further lessen your potential punishment. You will likely need to:
- Get a copy of your driving record
- Have your speedometer calibrated
- Take a driver education class
Judicial discretion
The traffic court judges in Spotsylvania County, Stafford County, and Fredericksburg exercise considerable discretion in determining your reckless driving punishment. This means that an attorney can argue for you and possibly reduce your charge or punishment.
Importantly, judges can use their discretion to reduce a reckless driving charge to “improper driving.” Improper driving is a mere traffic infraction with a fine of no more than $500. Improper driving only carries three DMV points, and it is removed from your record after three years.
Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court’s decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.
Reduce reckless driving ticket
In most Virginia reckless driving cases, your goal is to reduce the charge to something more acceptable. As mentioned above, Virginia judges have discretion to reduce your charge to “improper driving.” In some jurisdictions, like Spotsylvania County, you might even be eligible to reduce your ticket by attending driving school.
As your Virginia traffic lawyer, I can help you assess your options and determine what outcomes are likely. We can then create a plan of action to fight your reckless driving ticket. The goal is a complete dismissal of the charge or a finding of “not guilty.” But at the very least, I will fight hard to get your charge reduced.
Non-local defendants
If you received a reckless driving ticket in Spotsylvania, Stafford, or Fredericksburg, you can hire an attorney to appear in traffic court on your behalf. For non-local defendants, this is an incredibly convenient option. Instead of driving possibly hundreds of miles to contest your ticket, you can have your lawyer take care of it for you.
I have worked with clients from places as far away as New York and Florida. People regularly get charged with reckless driving in Stafford County and Spotsylvania County along Interstate 95, simply passing through Virginia. I can help you resolve this ticket without having to return to Virginia.
Flat fee traffic attorney
You need an attorney’s help with your reckless driving defense. I am an experienced traffic attorney in the Spotsylvania, Stafford, and Fredericksburg traffic courts. I offer a flat rate for your traffic defense, so you know exactly what your legal expenses will cost. We can even handle everything over the phone and/or email, if you do not live nearby. I will handle your reckless driving case with care and work to ensure a satisfactory resolution. Call me today for a free consultation.
Further reading
For more information about Virginia Reckless Driving and traffic court in general, check out these related articles:
- Jail Time for Virginia Reckless Driving Tickets
- Do I Have to Appear in Traffic Court?
- Reckless Driving in Virginia – Dismissal!
- Stafford Reckless Driving Gets Safety Class
Virginia reckless driving is serious. Call for help.
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