An attorney will advise you of the law, advise you of the penalties, and advise you on what steps you can take to mitigate the penalties and mitigate the damages of the case. In addition, your attorney can negotiate with the prosecutor and officers to get the matter reduced or even possibly dismissed.
Furthermore, the attorney can argue your case before the Court and present a defense in an attempt to get it reduced or dismissed. In addition to that, you can also lose your job as a result of a reckless driving conviction because of the insurance implications. Courts in Richmond and around the state are actually tougher on CDL drivers than they are on normal drivers and Virginia law does not allow judges to refer CDL drivers to driving schools.
However, most cases will go through a process in juvenile court known as a petition of delinquency. If a teen driver is found delinquent, the judge can choose a number of different punishments. A teen might be sentenced to:. Any conviction resulting in a demerit point violation on a teen's driving record, including a reckless driving charge, requires the teen to complete a driver improvement clinic.
Teens have 90 days to satisfactorily complete the course or their license will be suspended until the safe driving education requirement has been fulfilled. In fact, 14 traffic violations fall under reckless driving , which means you can be charged with any of them. For example, you can be charged for failing to signal appropriately, driving a faulty vehicle, passing a stopped school bus, failing to yield to an emergency vehicle, driving with an obstructed view, or driving too fast for conditions, among others.
What is Reckless Driving? Reckless driving by speeding remains one of the most common violations in Virginia. In a nutshell, any form of driving that endangers life, limb or property, is considered as reckless driving in Virginia. Unlike other traffic citations, reckless driving is considered a criminal offense in Virginia, and you might end up with heavy fines, loss of your driving privileges or even spending time in jail if convicted. The determination as to whether you should be charged with reckless driving ultimately rests with the police officer stopping you.
In the Commonwealth of Virginia, especially on the major Interstates, the court system takes Reckless Driving very seriously. If caught Speeding in excess of MPH, the Judge will likely impose some amount of a jail sentence following a conviction for Reckless Driving and that sentence conceivably can be up to 1 year of incarceration.
Some wait until 95 MPH to consider jail. And some wait until MPH. In some courts, one may face one day in jail for every MPH over 90, or 95, or MPH — depending on the jurisdiction. The state code allows the judge to impose jail time for any speeds above 85 MPH although its rare for this to happen under 90 MPH unless the speed limit zone is 55 MPH or lower. It is vital to contact a reckless driving lawyer who is familiar with the jurisdiction in which the violation occurred.
You will be required to appear in court on a certain date, which is usually indicated on your ticket. If your schedule is tight, you cannot afford to be spending time in court while neglecting your work or other daily commitments. Also, if you are an out-of-state driver, then attending court sessions can be expensive and time-consuming. Spending time in jail is a possibility if you are convicted of reckless driving in Virginia.
As highlighted earlier, reckless driving is a Class 1 misdemeanor offense, which comes with potential jail time of up to 12 months, depending on the severity of the charge.
You should also note that reckless driving can also escalate to a felony, especially if your driving behavior resulted in the death of a person. When you are in that situation, there is a high chance of spending multiple years in jail. These are usually maximum sentences. The amount you will spend in jail rests upon many factors in your case such as alleged speed, prior driving history, whether there were children in the car, and any other aggravating factors that may exist.
Spending time in jail can lead to loss of your job, which means you will not be a position to provide for your loved ones or dependents. If you are facing a reckless driving charge, the best means of avoiding jail time is by hiring a competent traffic lawyer to represent you. In Virginia, reckless driving is a Class 1 Misdemeanor.
It is similar to driving under the influence, among other serious charges. These violations are considered criminal offenses. It is not like other traffic citations. Therefore, since it is a criminal offense, you will have to appear in court. There is no provision for pre-payment of traffic misdemeanors in Virginia. Here at The Weiland Firm, PLC we regularly get phone calls from people who received reckless driving tickets months or even years ago, simply paid them, and only now do they realize they have a criminal offense on their record.
You can represent yourself in court to answer reckless driving charges. However, going to court without consulting a lawyer first is not advised. Reckless driving charges are different than simple tickets. Furthermore, judges and courts will treat you differently based on the circumstances surrounding your arrest.
Some judges might be lenient, thus giving you a reduced charge, but some will be harsh. Some judges might also give you a good deal, especially if your driving record is clean.
But why should you bet on the feelings or mood of a judge? Taking that approach is risky. Furthermore, reckless driving laws in Virginia are complex. If you are found guilty, you face serious penalties which can jeopardize your future opportunities. Once you receive a ticket or summons, it is advisable to consult a reckless driving lawyer as soon as possible. Experienced Virginia reckless driving attorneys will evaluate your case, prepare a defense or even negotiate with a prosecutor. Hiring a reckless driving attorney also comes with great benefits, especially if you are an out-of-state driver.
You may avoid one or all of your hearings.
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