Dedicated Virginia Attorneys Who Understand Reckless Driving Charges
If you have been charged with a traffic violation, such as reckless driving or speeding, in Richmond or anywhere in Virginia, it is important that you immediately contact our experienced local attorney who is knowledgeable in traffic law at Bounds and Bounds, PLLC. Many traffic violations are criminal offenses. It is often possible, however, under any circumstances, with the assistance of a good reckless driving lawyer, to have many criminal traffic offenses reduced to non-criminal infractions or even dismissed.
Traffic cases we handle include:
- Traffic violations,
- Out-of-state drivers
- Speeding tickets
- Auto vehicle accidents
- Driver’s license suspension
- Driver’s license restoration
The Virginia Point System
In Virginia, a reckless driving violation is a 6-point offense and will be on your driving record for 11 years. The same applies to a DUI/DWI (drunk driving) conviction in Virginia as well as a conviction for driving while suspended. Virginia speeding tickets fall into three categories. Reckless driving by speed ticket is a six-point violation and stays on your Virginia driving record for 11 years. A 10-19 mph Virginia speeding ticket is a four-point offense and will be on your Virginia driving record for five years. A 1-9 mph Virginia speeding ticket is a three-point offense and stays on your Virginia driving record for three years. In Virginia, if you accumulate more than 18 points in one year or 24 points in two years the Department of Motor Vehicles will suspend your license. For more information on demerit points contact the VA DMV.
The Effect Of A Virginia Ticket On An Out-Of-State Driving Record
Generally speaking, a ticket in Virginia will be treated (in terms of assessing points) in the home state of an out-of-state driver as if the offense occurred in the home state. For example, if you are convicted of driving 9 mph over the speed limit in Virginia that is a 3-point offense in Virginia. However, if in your home state the same offense would carry 2 points, you would normally be assessed only two points by the division of motor vehicles of your home state. Please note that this is a general rule and the specific effect of a Virginia traffic conviction should be verified with the division of motor vehicles in your home state and/or a lawyer licensed to practice in that jurisdiction. If you have received a ticket in Virginia and are an out-of-state driver, you should contact our firm, a proven Virginia traffic ticket lawyer for a thorough analysis of your situation.
There are a number of ways that reckless driving in Virginia can be charged and/or prosecuted. The following are the statutes of reckless driving in Virginia:
- VA Code 46.2-852 Reckless Driving – General rule
- VA Code 46.2-853 Reckless Driving – Failure to maintain control – faulty brakes
- VA Code 46.2-854 Reckless Driving – Passing on or at the crest of a grade or curve
- VA Code 46.2-855 Reckless Driving – Driver’s view obstructed or control impaired
- VA Code 46.2-856 Reckless Driving – Passing two vehicles abreast
- VA Code 46.2-857 Reckless Driving – Driving two abreast in a single lane
- VA Code 46.2-858 Reckless Driving – Passing at a railroad crossing
- VA Code 46.2-859 Reckless Driving – Passing a stopped school bus
- VA Code 46.2-860 Reckless Driving – Failure to give proper signals
- VA Code 46.2-861 Reckless Driving – Driving too fast on the highway for conditions
- VA Code 46.2-862 Reckless Driving – Exceeding the speed limit by 20 mph or driving in excess of 80 mph
- VA Code 46.2-863 Reckless Driving – Failure to yield right of way upon entering the highway
- VA Code 46.2-864 Reckless Driving – Parking lots VA Code 46.2-865 Reckless Driving – Racing
- VA Code 46.2-865.1 Reckless Driving – Causing death or injury to another while racing
- VA Code 46.2-866 Reckless Driving – Racing aiders or abettors
- VA Code 46.2-868.1 Reckless Driving – Aggressive Driving
Reckless Driving – General Rule – VA Code 46.2-852
Reckless driving in Virginia can be charged under the general rule if an individual drives a vehicle in a manner that endangers the life, limb, or property of any other person. Law enforcement officers sometimes charge the individual that appears to be at fault in a serious traffic accident with reckless driving under this code section. However, one can be charged with reckless driving under this code section even if there is not an accident. With the help of a skillful advocate, this charge can often be reduced to the lesser included offense of improper driving or dismissed altogether. Improper driving (VA Code 46.2 – 869) is merely a three-point traffic infraction and it is not a criminal offense. It will be on a Virginia driving record for three years.
Reckless Driving By Speed
Reckless driving can also be charged as a result of excessive speed i.e., 81 mph or faster in a 65 or 70 m.p.h. speed zone or 20 mph faster than the speed limit in all other speed zones. Reckless driving in Virginia is considered a criminal offense. It is a class one misdemeanor, which means the maximum punishment is 12 months incarceration and/or a $2,500 fine and/or 6 months license suspension. As a practical matter, most people convicted of reckless driving do not go to jail, however, some judges begin to impose jail time at speeds of 90 mph or greater. At speeds of 100 mph or faster jail time is a strong possibility.
If you are facing reckless driving charges in Virginia, it is crucial to have a skilled reckless driving lawyer on your side who can protect your rights and fight for your best interests. At Bounds and Bounds, PLLC, we understand the serious nature of reckless driving charges, and we are committed to providing aggressive and effective legal representation to help you achieve the best possible outcome.
Context Is Important With Reckless Driving By Speed
The time of day the offense occurred, traffic conditions, weather, number and age of passengers, or the lack thereof, and, the presence of aggressive driving behavior, all are important factors that can influence the outcome of reckless driving by speed case. The demeanor of the defendant towards the law enforcement officer also strongly influences the outcome of a reckless driving case. If you were polite and cooperative with the officer, that will help your case. If the police testify that you were uncooperative, it will be more difficult to have the charge reduced or dismissed.
If you are facing a reckless driving by speed charge in Virginia, it is important to have a skilled and experienced reckless driving attorney on your side who can defend your rights and help you navigate the complexities of the legal system.
If there is any chance that your speedometer is not reading accurately, get it calibrated by a licensed mechanic. If it is reading slower than the vehicle is actually traveling that can be an important factor in your case. A speedometer calibration certificate must be notarized to be admissible evidence in court in Virginia. If the tires on the vehicle are not factory-issue tires it is a good idea to get a calibration.
What About Driving School?
Judges sometimes refer defendants to driving school and will either dismiss the charge or reduce it upon completion. Generally speaking, the person charged must have a perfect or near-perfect driving record, have never been to driving school before or within the last five years, and the alleged offense cannot be too aggravated or egregious. If you have more than one or two traffic violations on your record and/or are alleged to travel faster than 90 m.p.h., in most jurisdictions you are probably not going to be referred to driving school. It is best to contact an attorney before enrolling in driving school prior to your court date because policies in reference to driving school vary from court to court.
Does Driving School Have To Be Taken In Virginia?
No. Most judges will accept any driving school accredited by AAA or The National Safety Council or your state’s DMV. For Virginia drivers, the voluntary completion of a driver improvement course results in five positive points being added to their driving record. In addition, many judges will accept online courses.
Community Service And Character Reference Letters
For serious offenses, sometimes it is advisable for the defendant to perform community service prior to the trial date to help mitigate the sentence. Character reference letters from current and former employers, and/or professors and teachers, and/or civic organizations are also helpful in this regard.
Highway Safety Corridor Violations
Virginia Highway Safety Corridors are portions of Virginia’s interstates designated by the Virginia Department of Transportation or VDOT for enhanced enforcement of traffic infractions. Customary fines for traffic offenses in these zones are doubled. In addition, the maximum fines for noncriminal traffic offenses such as speeding are increased from $250 to $500, and minimum fines of $200 are imposed for criminal traffic offenses such as reckless driving.
For commercial drivers a speeding or reckless driving ticket is more than just an annoyance, it threatens their livelihood. Many of our clients are commercial truck drivers and we understand the importance of maintaining a clear record and keeping a commercial driver’s license active. Commercial drivers that are charged with speeding or reckless driving while driving either a commercial motor vehicle or their own personal vehicle cannot be referred to as driving school. A victory in these types of cases would be a dismissal or a reduction to a non-moving violation such as defective equipment or a non-criminal offense such as non-criminal simple speeding. Under VA Code 46.2-341.18, a conviction for a DUI or Refusal will result in an automatic one-year disqualification of a CDL. Under VA Code section 46.2-341.20, two convictions of any combination of reckless driving, following too closely, improper lane change, or speeding 15 over within a three-year period will result in a 60-day CDL disqualification even if the CDL holder was not driving a commercial vehicle at the time of the offense. Three convictions for the aforementioned violations within a three-year period will result in a 120-day disqualification. If you are a CDL holder it is very important that you hire a traffic attorney experienced in representing CDL drivers. A large part of our practice is focused on representing CDL holders charged with traffic offenses in the Richmond and Virginia areas.
Driving With A Suspended License
If you have been charged with driving on a suspended or revoked operator’s license it is very important to have an attorney represent you. Most Judges will impose jail time for a second offense and a third offense has a mandatory minimum ten-day jail sentence. Sometimes this charge can be amended as the result of a plea agreement or by the Judge to VA Code 46.2-300 – No Valid Operator’s License (a 3-point class 2 misdemeanor) or VA Code 46.2-104 – No License in Possession (a 0 point non-moving violation). These amendments can help prevent additional license suspension or active jail time.
Our firm represents individuals charged with driving after being determined to be habitual offenders. If you are a habitual offender and have not been convicted of any traffic infractions for three to five or more years, we can petition the court to have your operator’s license reinstated or a restricted permit issued.
The Advantages Of Local Representation
Having an attorney who worked as a public defender and in private practice representing thousands of individuals charged with traffic violations has given us insight into how the courts adjudicate traffic offenses. Many of our out-of-state clients just passing through Virginia are not aware that some common traffic violations are criminal offenses. It is essential that any traffic violation be addressed in a timely and professional manner. If your license is in danger of being revoked, contacting a lawyer immediately presents you with the best opportunity to safeguard your license.
We often provide legal advice to those living outside the state who have received a violation on a Virginia roadway. Our lawyers appear in court on their behalf and defend them against the alleged offense(s) they are charged with. We have extensive experience representing individuals charged with traffic violations. Our attorneys are familiar with local courts and know what clients can expect in different jurisdictions. We can help you avoid the serious consequences that can potentially accompany a conviction for a traffic infraction in the Commonwealth of Virginia.
The Right Of Appeal
In Virginia, you have the right to appeal your case, if it is a misdemeanor, to the Circuit Court after it has been adjudicated in the General District Court. This is an automatic right and your request for an appeal will always be granted if you have notified in writing the General District Court of your desire to appeal the case within ten (10) days after it has concluded. The appeal will result in a trial de novo i.e., a brand new trial in the Circuit Court. There is the right to a trial by jury on appeal and the possibility of getting a result that is better or worse than the result of the original hearing. In many jurisdictions, the prosecutor does not get involved with traffic violations, but if there is an appeal, they usually do get involved. This is strategically useful for a defendant because it opens up the possibility of negotiating a plea bargain with the prosecutor. Plea agreements are beneficial to the accused because there is always risk involved with a trial and an agreement usually eliminates most of that risk.
Petition For A Rehearing
If a petition for rehearing is filed with a General District Court within 60 days of the trial date, the judge may grant a rehearing to retry the case. Please note that, unlike an appeal, this is not an automatic right but merely a discretionary measure that is used under extraordinary circumstances.
Frequently Asked Questions
What are my options if I receive a traffic ticket?
You have three choices:
- You can simply pay the fine online, by mail, or in person. In a few cases, you have to appear in court – check your traffic ticket for details.
- Plead “Not Guilty” and defend yourself in court.
- Go to court and plead guilty and offer mitigation in hopes of a conviction for a lesser offense or a referral to driving school for a reduction or dismissal.
If you fail to either pay or appear in court by the date printed on your ticket, additional penalties apply. This could also cause you problems in your home state if you are not a Virginia resident.
What is the Driver License Compact?
The Driver License Compact is an arrangement among almost all U.S. states, including Virginia, by which state governments share information about driving records. If you are from Maryland, for example, and you are ticketed in Virginia – the Driver License Compact allows Virginia to notify Maryland of your ticket. Although, at the time of this writing, Maine, Wisconsin, Georgia, Michigan, and Tennessee are not members – this fact does not guarantee that your information will not be shared.
What should I do if I lose my ticket before responding to it?
You can look for it on the Case Information System website. You can search by name, case number, or hearing date. Be sure to follow up on a lost ticket – as “I lost my ticket” is unlikely to be accepted as an excuse by the Virginia justice system.
What is the fine for texting and driving in Virginia?
Virginia has strengthened texting and driving penalties in recent years. Currently, the fine is $125 for a first offense and $250 for a second offense. An additional $250 fine will be added if you are simultaneously charged with reckless driving.
How will a traffic ticket affect my chances if I am sued over a traffic accident that occurred around the time of the infraction?
You might lose the lawsuit as a result. Under Virginia’s negligence per se system, you can be found automatically negligent if you violate a law or ordinance and:
- It was enacted for the purpose of public safety.
- It was designed to protect people like the person who is suing you (other motorists, for example).
- Your violation was the actual cause of the accident that injured the person suing you.
Can my driver’s license be suspended over a drug charge?
Yes, it can be. Virginia is unique in this respect – as it imposes a mandatory six-month driver’s license suspension on anyone convicted of a drug offense, even with deferred sentencing. This rule applies even if your offense was unrelated to driving. If your license is from out of state, you will simply be barred from driving in Virginia. Your home state will not suspend your license unless it also imposes a driver’s license suspension for the same offense.
How common is it for Virginia to suspend someone’s driver’s license?
It is far more common than you probably think it is. The shocking statistic is that approximately one in six Virginia driver’s licenses are currently suspended – nearly a million Virginia drivers. Most of these suspensions arose from a failure to pay a debt owed to a Virginia court (failure to pay a traffic ticket fine, for example).
Call Or Email Our Richmond Traffic Ticket Attorney For A Free Case Evaluation
If you have been charged with a traffic violation such as speeding or reckless driving, contact our law firm. Call a respected and proven criminal defense attorney at 804-361-3402 or email us for a free case evaluation.