Therefore, when cases display reckless or dangerous behavior, the prosecutors and judges take it very seriously. In more complex cases, or if there is a judge who is unsympathetic to a standard charge reduction, we can often make other arguments that will help, including driver improvement classes, car maintenance, or extenuating circumstances and personal hardship. When is someone just speeding and when are they driving recklessly? If you are going 90 miles per hour and are pulled over by Officer A, you may receive a speeding ticket. Reckless driving is not only a traffic infraction — under the Code of Virginia § 46.
This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. Improperly marked roadways or vehicles. Driving two abreast in a single lane (Virginia Criminal Code 46. You can ask for a court-appointed attorney. Most people are shocked to find out that a reckless driving conviction can result in a criminal record. Rape||White-Collar Crimes|. If you are going 90 miles per hour and are pulled over by Officer B, you may be taken to jail for Reckless Driving while your car is being impounded. If your license was suspended or revoked when you were caught driving recklessly, you could also be charged with a Class 6 felony. Practically anywhere. While many times the crime involves speeding, this is not always the case. Types of Evidence That Can Help Build a Strong Defense to Reckless Driving Charges.
Reckless driving remains on your Virginia driving record for 11 years. But more extreme reckless driving charges, such as traveling over 90 or 100 mph, or other behavior that seriously endangers the public, jail time is likely in many courts if you are found guilty. Factors that could convince a prosecutor or judge to reduce a charge include a clean driving record or a driver education course. Another purely subjective charge. The judge, law enforcement officer, and prosecutor will not take it lightly. The unique factor for the City of Richmond is how the aggravated cases, speeds over 90 for example, are punished. This law is very broad, which gives the court leeway in determining whether someone is guilty of reckless driving. Roadway markings clearly indicate permission to pass. Is it possible for different officers to interpret that standard in vastly different ways? Even for Virginia drivers, appearing in court can cost you an entire day's work; hiring an attorney can save your day off for something fun. Out of state drivers face the same reckless driving penalties as Virginia drivers. Up to 6 months' suspension of driving privileges.
We also handle cases in nearly all the cities within those Counties. It's clear now that the consequences of a reckless driving charge can be severe and result in life-changing penalties on you. 3: Hire an Attorney. Do not argue with the police officer—even if you know you are innocent. Here are some simple pointers about being in court for a reckless driving ticket. After the Commonwealth's evidence is submitted (typically just the ticketing officer's testimony), the Commonwealth must have laid out a basic case that you committed reckless driving. You should not treat your reckless driving charges lightly like you might if you receive a speeding or other traffic ticket. Law enforcement officers pull over thousands of drivers every day for traffic violations, many times resulting in criminal charges for the alleged violations. You could be at the mercy of the judge to issue whatever sentence he decides.
It is never a good idea to ignore a reckless driving ticket. Virginia law mandates that in this case, a penalty can rise up to 20 years in prison, while a mandatory minimum is one year served. Any behavior that you exhibit while driving a vehicle that shows intentional and reckless disregard for others may be considered reckless driving. A few defenses in these cases include: - You were not the person driving the vehicle. You are being charged with a criminal offense and face serious penalties if you are convicted, which can include incarceration.
Those who hold a commercial driver's license, or CDL, may face additional and harsher penalties. Remain Calm at the Scene. If you have a job where a criminal conviction could result in termination, then that is possible. If pleading guilty or no contest is your only option; you can request to take a driving safety course. This is especially true in high speed cases, cases involving repeat offenders or when drugs, alcohol or distracted driving is involved. Frankly, most reckless driving tickets aren't set for arraignment. Pick the Right Option. You could have strong defenses—even if you are guilty—that could result in the charges being dismissed or reduced to a less serious offense. On one hand, they might know the law better than the officer. You must be represented professionally, and your case presented in-depth by an experienced trial attorney. This could result in the charges against you being dismissed or reduced to a less serious offense through a plea bargain with the prosecutor.
As mentioned, this is a criminal conviction and results in you having a criminal record. Penalties for Reckless Driving. The abusive driver laws in Virginia were recently repealed.
There is no option for an occupational license or an ignition interlock license as is available with a DUI. Reckless driving in Virginia can mean a number of things. Virginia calls the prosecutor the "Commonwealth's Attorney. " Many different parts of route 29, from Charlotteville/Albermarle county all the way down to Lynchburg see reckless driving traffic patrols. Plead guilty or no contest. Others are quite vague and leave a lot of room for interpretation and discretion on the part of the arresting officer as to just what "reckless" really is. First of all I would like to disclose that as a former NHRA professional race car driver and license holder I fully appreciate and understand the passion for driving fast.
In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you don't even have to be present. However, this does not mean that Virginia's reckless driving is not a serious charge. You do not want to make mistakes that weaken your defenses or make it harder to get the charges against you dismissed or reduced to a less serious offense. Be sure to keep it on target. An Officer's observations of your driving can also result in a reckless driving charge. Biggest Mistakes to Avoid in Court. Post thoughts, events, experiences, and milestones, as you travel along the path that is uniquely yours. Choose a Knoxville defense law firm that goes the distance for you. Where Will Reckless Driving Cases Be Heard in Richmond, Virginia? Often, we can negotiate a reduction of the charge down to a speeding ticket which is much better than a criminal charge of "burning" a diversionary program on a reckless driving I Really Need an Attorney? Canada and other countries customs and border agents may restrict entry to travelers with misdemeanor convictions, like DUI and drug possession. Failing to give proper turn signals of the intent to turn, slow down, or stop under Virginia Code § 46. To learn about his track record of success and what to expect in your criminal proceedings, call our Petersburg office, or fill out our online form to schedule your free initial consultation today. HaltriealexiR haltriealexiR 11/20/2015 History High School answered • expert verified.
Our skilled criminal defense attorneys at Banks and Jones provide clients with fierce and trusted representation. The court will only appoint an attorney if: A. you request one, and B. you qualify as "indigent, " which means you have a low enough income (according to the state's formula) to show that you cannot afford to hire an attorney. You cannot identify the defenses that will help you or effectively raise them in court on your own. Connect with others, with spontaneous photos and videos, and random live-streaming. 2-868, but it is also a Class 1 misdemeanor. For a "20mph over the limit" or an "80mph" violation, with no other extenuating circumstances, and in front of a fair judge, this can be avoided.