Unique Aspects of VA Reckless Driving Cases (2024)

FAQs

How do you beat reckless driving in VA? ›

1.4 What percentage of your practice is devoted to traffic and misdemeanor defense? 1.5 How often do you handle reckless driving cases in this court? 1.6 How much do you charge for reckless driving defense? 1.7 Will the Commonwealth's Attorney be involved in my case?

Reckless driving crosses the mark from traffic infractions to a criminal charge, so it is a Class One misdemeanor. Class One misdemeanors come with a maximum fine of $2,500 and the possibility of jail time for up to 12 months, so it is serious.

Reckless driving as a misdemeanor offense typically carries up to six months or a year in jail. However, as a felony, reckless driving can result in a year or more in prison. Offenses involving serious injuries or death often carry the possibility of a long prison sentence like 10 years or more.

Lack of Intent. One of the most common defenses to reckless driving is to show that the accused did not have the intent to act dangerously. This can be done by showing that the accused was not aware of the potential danger of the actions they were taking or that the actions were not done with the intent to cause harm.

Even if the evidence is sufficient to find you guilty of reckless driving, the judge can still give you a break aside from improper driving. Virginia law allows the judge to send you to a driver improvement clinic to have a traffic case reduced or even dismissed completely.

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.

The Virginia Appeals Process

If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Initiating the process is quite simple. After you inform the General District Court clerk that you want to appeal, he will have you complete and sign a Notice of Appeal form.

The actus reus of the offence is "driving in a manner dangerous to the public, having regard to all the circ*mstances".

A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.

What is the sentencing guidelines for reckless driving in Virginia? ›

Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circ*mspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.

A wet reckless charge is a slang term used to describe a DUI charge which has been reduced to a reckless driving charge under California's Vehicle Code. The charge will essentially be detailed as a reckless driving charge with an added note that alcohol was involved. This is where the term “wet reckless” comes from.

Penalties. In most states, a traffic infraction can't result in jail time. Potential penalties generally include a fine, traffic school, and demerit points on the motorist's driving record. Accumulating a certain number of points can result in increased insurance premiums and license suspension.

Virginia law allows you to appeal the outcome of your reckless driving case and be granted a new trial with a different judge. In many cases, an appeal results in an acquittal or reduced charges.

If you have been accused of reckless driving in Virginia, you may benefit from taking a driving course. For this reason, the following is information on where to find a driving course and how it can help you. For more specific information call and schedule a consultation with a Virginia reckless driving lawyer today.

You will also need to face that charge in Virginia, so it is recommended to hire a lawyer who has experience dealing with reckless driving cases. If you are facing charges for reckless driving, reach out to a seasoned Virginia criminal lawyer today to schedule your initial consultation.

Reckless driving is a Class 1 misdemeanor in Virginia, and you will have a permanent criminal record if convicted. Unfortunately, you only have a very limited right to get a reckless driving conviction expunged from your criminal record.