LIST OF ALL VARIATIONS OF THE VIRGINIA RECKLESS DRIVING OFFENSESġ) The most common charge is for “Reckless Driving by Speed.” This charge applies to speeding 20 miles over the speed limit and/or driving above 85 miles per hour in Virginia. If this situation applies to you, make sure to consult with a lawyer immediately. The evidence of a vehicle accident, on its own, is insufficient for a conviction. The problem with these in court is that officers almost never have sufficient evidence to actually get a judge to convict the accused of the offense. ![]() Police officers and state troopers who show up at the scene of an accident after it took place will frequently write Reckless Driving tickets. Plea offers include breaking down the charge to simple speeding, improper driving, or dismissing it all together.ĬAR ACCIDENT RESULTING IN RECKLESS DRIVING TICKET Defenses include insufficient testimony from the police or other witnesses, improper calibration of lidar or radar, improper testing of lidar or radar, expired certification of the lidar or radar, amongst others. This crime, like any other, must be proven beyond a reasonable doubt in a courtroom. WHAT ARE DEFENSES TO A RECKLESS DRIVING CHARGE? Your circumstances may make you eligible for various punishment reductions and charge reductions, and if you are really lucky, maybe even dismissal of the charge or a non-prosecution of the charge! Additionally, trying to represent yourself without a lawyer is strongly discouraged as the legal background that lawyers have on these laws and the experience with trial rules creates an incomparable advantage to self-representation. The first thing that you should do after you get home is call a lawyer and discuss the details of your case. ![]() By paying the Reckless Driving “ticket” before your court date, you are actually pleading guilty to the Class 1 Misdemeanor offense. Due to the serious nature of a VA Reckless Driving offense, it is important to fight the “ticket” for Reckless Driving in court, and not just pay it when you get home. While no one would plead guilty to a DUI / DWI (probably because it is a more popular or commercial crime) drivers unintentionally plead guilty to Reckless Driving, a crime of the same criminal magnitude as a DUI, on a much more frequent basis. SHOULD I GET A LAWYER FOR MY RECKLESS DRIVING CHARGE? Individuals with these concerns should discuss the implication with their attorneys. This offense has been reported as serious to their employment or work circumstances by clients in the following industries: military (Army, Marines, Navy, Air Force), civilian-military employment, students applying to Universities, college students on scholarships, individuals engaged in government contracts employment, individuals obtaining / maintaining a security clearance, admission to a state bar for lawyers, and law enforcement / police officer employment, amongst others. Some examples of our clients avoiding jail time and some having to serve jail time for high-speed offenses can be found here.ĬONSEQUENCES OF A RECKLESS DRIVING CONVICTION Prior speeding tickets on your record will usually indicate a general and escalating disregard for the law and may result in jail time on a reckless ticket. Other factors which may lend you in jail would be your behavior with the police officer, other circumstances leading up to ticket, and your criminal record and traffic history. In a famous case in 2006, a law student who was driving 126 MPH went to jail to 12 days ( full story on Washington Post web site). Driving above 100 MPH is usually a sure thing for jail time. Going above 90 MPH will usually make you a candidate for jail time. It depends on your speed and on the city or county in which you are charged. Thus, having an out of state driver’s license or being from out of state is not a defense to Reckless Driving in Virginia. While criminal and traffic laws vary from state to state, each driver is responsible for knowing and following the criminal and traffic laws of every state that he/she drives into. Out of state drivers are charged with a Reckless Driving misdemeanor in offenses in Virginia no differently than Virginia drivers. ![]() CITY OF ALEXANDRIA RECKLESS DRIVING ATTORNEYCASE RESULT:Criminal Misdemeanor Reckless Driving by Speed, for driving more than 20+ MPH over the speed limit in Old Town Alexandria, VA Code 46.2-862 and Alexandria Code 10-3-862, resulted an amendment and reduction of the charge to a non-criminal, no-point citation for speeding 1-9 mph Read More Click to Review All Reckless Driving Case Results
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