Reckless Driving vs. DUI in Virginia

Dec 22, 2020 | By Andrew Flusche | Read Time: 3 minutes

Reckless driving and driving under the influence, or DUI, are separate crimes in Virginia. Although the crimes are related in many respects, the Commonwealth could prosecute you for both crimes even if they arise from the same incident. DUI and reckless driving are severe crimes in Virginia. You need a tough, experienced, and trial-ready traffic crime defense lawyer if you face either charge. As a DUI defense lawyer in Virginia, I use my wealth of experience, in-depth knowledge, and skills to achieve the best result for you. DUI vs. Reckless Driving DUI and reckless driving are related charges. Police officers receive extensive training in identifying and investigating drunk drivers. Many DUI arrests happen because the driver operated a vehicle recklessly, carelessly, or improperly.  The Commonwealth can bring reckless driving charges against a driver even if there is no evidence of intoxication. However, the investigating officer could bring DUI charges in addition to reckless driving charges if the officer has evidence that the driver was drunk. Police officers will look for evidence of intoxication such as: The smell of alcohol from the car or on the driver; Open alcohol containers in the car; The driver has slow or slurred speech; The driver has bloodshot and glassy eyes; The driver has difficulty understanding instructions; The driver cannot produce a driver license or proof of insurance; The driver easily loses balance and has trouble walking; and The driver fails field sobriety tests. The officer could look for additional evidence such as portable breath test results to arrest you for DUI. Elements of DUI in Virginia Prosecutors have two theories they can use to convict a person of DUI in Virginia. A person is guilty of DUI in Virginia if they either: Operate a vehicle on a highway with a blood alcohol concentration of 0.08 or greater; or Operate a motor vehicle while intoxicated.  A person can also be guilty of DUI for being under the influence of drugs – even prescription medications. Elements of Reckless Driving in Virginia Under Virginia law, reckless driving is driving a motor vehicle on a highway at a speed or in a manner that endangers others’ lives, limbs, or property. A person may be convicted of reckless driving without drinking and without causing an accident. There are about a dozen different varieties of reckless driving in Virginia. Penalties for Reckless Driving vs. DUI  Both reckless driving and DUI crimes are Class I misdemeanors. Class I misdemeanors in Virginia carry a possible one-year jail term, a fine up to $2,500, or both. However, DUI charges carry potentially stiffer penalties.  Under Virginia’s DUI law, a person convicted of DUI must pay a minimum fine of $250. Anyone who drives with a blood alcohol concentration between 0.15 and 0.20 must serve a minimum of five days in jail. Anyone with a blood alcohol concentration over 0.20 must serve 10 days in jail. Additionally, the driver’s license suspension is up to one year for a DUI conviction. Repeat offenses for DUI carry greater penalties. A conviction for reckless driving does not have minimum jail time or a minimum fine. The judge can suspend a driver’s license for reckless driving for up to six months. Using Virginia Law to Your Advantage As a defense attorney dedicated to DUI and traffic defense, I understand how to use Virginia law to your advantage. In some cases, we can work with the prosecutor to achieve a reduction of the punishments and even the charge itself. On other occasions, the best approach for you might be to fight the charges and present your case at trial. No matter what strategy you choose, I will be with you every step of the way.  Call me, Andrew Flusche, Virginia DUI defense lawyer, today at (540) 318-5824 to discuss the best defenses for your DUI vs. reckless driving charges.

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What Is The Difference Between Reckless Driving and Aggressive Driving?

Dec 22, 2020 | By Andrew Flusche | Read Time: 3 minutes

Aggressive driving and reckless driving are hazardous because they place innocent lives at risk of severe injury or death. As a result, Virginia state law punishes both driving behaviors. The punishments for each crime vary and carry substantial collateral consequences. The terms reckless and aggressive are not interchangeable under Virginia law. If you have been charged in Virginia with reckless driving or aggressive driving, you need to understand your rights and the difference between the two crimes. As a traffic and DUI defense attorney in Virginia, I help people avoid the harsh consequences of making a driving mistake. I will use my vast knowledge and experience fighting for people just like you to help you stay out of jail, avoid large fines, reduce the risk of license suspension, and work to keep insurance costs down.  Reckless Driving vs. Aggressive Driving In Virginia Virginia law defines reckless driving and aggressive driving. Both crimes are misdemeanors. However, Virginia’s reckless driving statute indicates that a conviction for reckless driving is at least a Class I misdemeanor. A Class I misdemeanor in Virginia carries the possibility of no more than one year in jail and a $2,500 fine or both. Reckless driving could be a felony in certain circumstances. Reckless Driving Virginia law defines reckless driving as driving in any way that threatens another person’s life, limb, or property while committing any one of several listed traffic offenses. A person is guilty of reckless driving when:  Driving out of control or with faulty brakes; Passing another vehicle while at the top of a hill or on a curve; Operating the vehicle when the driver’s view is obstructed or control impaired; Passing two vehicles that are riding side-by-side; Driving on the side of another vehicle in a single traffic lane; Passing another vehicle at a railroad crossing or passing a school bus; Failing to signal correctly or to yield the right of way; Engaging in drag racing; Operating at an excessive speed for road or traffic conditions; or Driving over 85 miles per hour or at a speed 20 miles per hour faster than the posted speed limit. The listed behaviors are inherently dangerous. Therefore, police and prosecutors in Virginia can push for tough sentences. Aggressive Driving Virginia law defines aggressive driving as a Class 2 misdemeanor. However, driving aggressively with the intent to injure is a Class I misdemeanor. A Class 2 misdemeanor carries a maximum penalty of six months confinement in the county jail, a fine of $1,000, or both. A person is guilty of aggressive driving in Virginia if they become a hazard to another person with the intent to harass, injure, intimidate, obstruct, or annoy, while: Failing to drive on the right side of the road; Failing to remain within marked travel lanes; Following the vehicle in front too closely; Passing another vehicle at an unsafe distance; Shooting into traffic without first yielding the right of way; Refusing to yield to an overtaking vehicle; and Speeding. These offenses without the intent to harass, injure, annoy, or intimidate are merely traffic offenses, punishable by no more than a monetary fine. Get The Help You Need from an Experienced Virginia Traffic Lawyer The difference between reckless driving and aggressive driving is important to understand. I have learned from my years of representing people charged with driving offenses that having a full understanding of the charges you face helps you work with your lawyer to defend your case successfully. Contact me, Virginia traffic defense lawyer Andrew Flusche, today at (540) 318-5824 , and I will work to create the best defense strategy for you.

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What Happens If I Miss My Court Date for a Misdemeanor?

Dec 7, 2020 | By Andrew Flusche | Read Time: 3 minutes

Judges expect you to go to court even for misdemeanor charges.  Judges rarely excuse missed court dates. Showing up to court late or missing the court date altogether, could lead to severe consequences for you. If you missed court, you might be asking, What happens if I miss my court date for a misdemeanor? As an experienced Virginia criminal defense attorney, I understand that missing a court date for a misdemeanor is rarely intentional. Still, you cannot ignore the obligation to return to court and clear the warrant. I can help you avoid the consequences if you contact me as soon as possible after you missed a court date for a misdemeanor.  What Are Bench Warrants? Judges in Virginia issue bench warrants to apprehend people who failed to appear in court. A bench warrant allows police officers to arrest you and bring you into court.  Police can arrest you at any time they locate you. All the police have to do is run your information, such as a license plate, to find out if you have a warrant. A police officer could arrest you for a bench warrant at a traffic stop or a car accident, even if you were blameless in that incident.  Potential Consequences of a Missed Court Date for a Misdemeanor Each case’s particular circumstances will dictate what happens if you miss a court date for a misdemeanor. Virginia law allows the prosecutor to bring out a charge for failure to appear. Missing a court date for a misdemeanor is a Class I misdemeanor. Similarly, missing a court date for a felony is a Class 6 felony.  A person convicted of a Class I misdemeanor faces one year in jail. The judge could impose a fine of no more than $2,500. Additionally, the judge could run the sentence on the charge of failure to appear consecutively with the sentences for other crimes. A charge of failure to appear survives even if the court dismisses the charges that brought you to court. The court could hold you in contempt as an alternative to issuing a new criminal charge. The penalty for contempt is a ten-day jail sentence and a $250 fine.  Failing to appear in court might trigger a security forfeiture hearing. The court can order you to forfeit the bond posted unless you have a good excuse or the court finds that forfeiting your security would be unjust. What to Do If You Missed Your Court Date Acting swiftly and taking responsibility for missing a court date could help you avoid the severe consequences of failing to appear. Judges tend to look more favorably upon someone who takes responsibility for their actions instead of coming up with excuses.  Do not wait to find out what happens when you miss your court date. You should contact my office immediately to prepare to remove a bench warrant or answer to a contempt charge.  Should I Get Help from an Attorney? Walking into court alone or waiting until you get arrested could make matters worse for you. The judge could detain you or set a higher bond than previously posted if you go to court without a lawyer by your side.  Waiting until you get picked up is highly problematic. You have a lesser chance of successfully arguing against a failure to appear charge if you wait.  I can help you gather evidence that shows the judge you made an honest mistake or were incapacitated and could not come to court. I will argue forcefully to prove to the judge that you respect the court’s authority and understand how important it is not to miss court. Call Me Right Now to Discuss What Happens If You Miss Your Court Date for a Misdemeanor Contact my office 24/7 to ask questions about what happens if you miss a court date for a misdemeanor. I limit my practice to misdemeanors and traffic defense so I can help you achieve a favorable result. Call me, Andrew Flusche, attorney at law, today at 540-300-6982 to get the help you need.

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