Virginia Reckless Driving Ticket Defense (Reckless Driving Virginia)
Were you given a traffic ticket for Virginia reckless driving? You should talk with a local, experienced traffic lawyer before your court date. This article will give you an overview of reckless driving charges, what defenses might be available, and how I can help. You can also grab a copy of my FREE book about reckless driving in Virginia below.
Serious criminal offense
Virginia reckless driving is a class 1 misdemeanor. That’s a criminal offense, and it 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 Virginia conviction stays on your Virginia DMV record for 11 years.
Virginia reckless driving speeding
Most Virginia reckless driving tickets are based on speed alone. If you drive more than 20 miles per hour over the speed limit or over 80 miles per hour, you can be charged with 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 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
There are lots of factors that we can argue to the judge to reduce or even dismiss a reckless driving charge. You’ll want to talk with an attorney about the ones that apply to your unique case, but a few general guidelines are:
- 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 might need to take several steps in advance to help properly prepare your case for court:
- Get a copy of your driving record (personally, I believe it’s MY job to get your driving record when you hire me)
- Have your speedometer calibrated
- Take a driver education class
- Complete some community service
Judicial discretion
The traffic court judges in Spotsylvania County, Stafford County, Fredericksburg, and King George County 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.
Also, some judges send drivers to a driver improvement clinic to have the charge completely dismissed!
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 and Stafford County, you might even be eligible to dismiss 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, Florida, Washington state, and Australia! 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 reckless driving Virginia attorney
You need an attorney’s help with your reckless driving defense. I am an experienced traffic attorney in the Spotsylvania, Stafford, Fredericksburg, King George, and Caroline 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 I will handle your reckless driving case with care and work to ensure a satisfactory resolution. Call me today for a free consultation.
Free book for you
If you want more answers about your reckless driving ticket, grab a free copy of my book. We’ll send it right to you at no cost.
I’ve taken the time to lay out an overview of Virginia reckless driving defense and put it down on paper. My book covers everything from the law to defenses to how to appeal if things go South. And I wrote it all myself, unlike some people who just slap their name on someone else’s book.
What are you waiting for? It’s free.
Further reading
These are my latest articles on reckless driving defense:
- Speed Defense Myth: If the Officer Doesn’t Show up, You Win
- Speed Defense Myth: The Officer has to Produce his Tuning Fork Logs
- Speed Defense Myth: You can Argue Technical Radar Defenses
- Speed Defense Myth: The Officer has to Bring his Radar to Court
- Speed Defense Myth: If the Officer Can’t Pick You Out, You Win
- Speed Defense Myth: You Have the Right to Inspect the Tuning Forks on the Side of the Road
- Speed Defense Myth: You Have the Right to see the Radar Gun
- Spotsylvania Reckless Driving Lawyer
- Stafford County Juvenile Reckless Driving Defense
- You are NOT Safe From Radar in a Pack
You can read more articles and watch videos in my reckless driving archives. You can also read other traffic defense articles on my blog.
Virginia reckless driving is serious. Call for help.
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I provide free consultations for traffic tickets and misdemeanors in my area. If I can't help, I'll do my best to connect you with someone who can.
