Unlike other moving violations in Virginia, reckless driving is actually considered a criminal offense and you cannot simply pay a fine to make it go away.
What is considered reckless driving in Virginia?
You can be charged with reckless driving for a number of different actions on the road, and the penalties can be severe. It is important that you speak with a lawyer before your court date for a reckless driving charge to review your case and go over your legal options.
At Andrew Flusche, Attorney at Law, I have helped many clients mitigate and avoid a conviction for reckless driving and can help you with your reckless driving charge.
Reckless Driving in Virginia
Under Virginia law, reckless driving is considered any action behind the wheel that is reckless or at a speed that endangers the life, limb, or property of another person.
As such, a number of different actions can be considered reckless driving in Virginia.
Many people ask me what speed is considered reckless driving in the state. Driving more than twenty miles per hour over the speed limit or driving eighty miles per hour or more on any road in Virginia is considered reckless driving.
However, there are many other situations where the police might charge you with a reckless driving offense. These situations include, but are not limited to, the following:
- Driving too fast for weather or traffic conditions
- Failing to yield the right of way
- Spinning out your wheels or drag racing
- Illegally passing
- Driving with poor brakes
- Driving with an overloaded vehicle
- Being involved in an accident
Given the wide latitude the law gives in determining whether something is considered reckless driving in Virginia, it is important that you have a lawyer who can fight the accusations in court and prepare the best defense for your case.
Penalties for Reckless Driving
Because reckless driving is a criminal offense in Virginia, the penalties for conviction are far more severe than the typical traffic violation, and you can’t just pay a fine to make it disappear.
A reckless driving conviction comes with a criminal record of a Class 1 misdemeanor offense, up to $2,500 in fines, and up to one year in jail.
In addition, your driver’s license receives six points, a potential license suspension for up to six months, and the conviction remains on your driving record in Virginia for eleven years.
A court appearance is required, although many times your lawyer can attend on your behalf.
Because the penalties for reckless driving are so serious, it is critically important that you hire an attorney with experience in reckless driving cases to handle your legal needs.
A lawyer can review your case and determine whether there are any mitigating factors that may help reduce the charges against you or drop them altogether.
Some of the most common mitigating factors in a reckless driving case include a good driving record, errors with the speedometer, radar calibration issues, and completing driving school.
If the reckless driving charge occurred for a non-speed issue, other facts may help mitigate the situation.
Call My Office Now
If you have further questions about a reckless driving charge in Virginia, my office is here to help. Call or contact Andrew Flusche, Attorney at Law today to schedule an appointment to review your reckless driving case.
Up Next: How to Get Out of a Reckless Driving Ticket in VA & Appealing the Case