Virginia Reckless Driving: What Is Reckless Driving in Virginia?

Understanding Reckless Driving in Virginia: Key Facts

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  Virginia Reckless Driving

  Reckless driving laws vary state by state. In Virginia, reckless driving is a Class 1 misdemeanor. A reckless driving charge is more serious than a traffic violation, with the driver even having to appear in court on a set date. Additionally, criminal penalties could amount to a maximum of $2,500 or up to twelve months in jail, if you are found guilty of reckless driving.

  The decision to charge you for reckless driving lies with the police officer that flags you. If you receive a speeding ticket or other charge, get in touch with a reckless driving lawyer from Coastal Virginia Law Firm immediately to get the help that you need. As a defendant, an attorney can help you navigate your criminal charge and represent you in Virginia’s court. An attorney will be a valuable asset to your reckless driving defense case.

  What Behaviors Are Considered Reckless Driving in Virginia?

  The Code of Virginia recognizes different types of reckless driving. Reckless driving includes:

  • General reckless driving
  • Speeding
  • Failing to maintain control of the vehicle while you drive
  • Driving with improperly adjusted or faulty brakes
  • Passing when the view is obstructed
  • Driving an overloaded car (that obstructs views or controls)
  • Passing two vehicles abreast
  • Driving next to another vehicle in one lane
  • Passing at an intersection or railroad-grade crossing
  • Passing a stopped school bus
  • Failing to give proper signals
  • Driving too fast for traffic conditions (regardless of the posted speed limit)
  • Failing to yield the right of way
  • Racing
  • Endangering people or property in driveways or public parking spots

  All of these behaviors are considered reckless driving in the state. If you engage in these reckless driving behaviors, you can be charged with a Class 1 misdemeanor and end up with a criminal record.

  People often consider driving under the influence (DUI) an act of reckless driving. While driving under the influence is certainly reckless and against the law, DUI court cases are viewed differently under VA law. If you are guilty of drug or alcohol use while driving, the court won’t charge you with both reckless driving and DUI conviction. You will just receive a Virginia DUI conviction.

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  Penalties for Virginia Reckless Driving

  As a Class 1 misdemeanor, a reckless driving charge in Virginia can result in the following consequences:

  Fine

  Reckless driving can be fined a maximum of $2,500. The actual amount varies per case and is determined based on the individual’s record, the local Virginia court policy, and other factors.

  Suspended License

  People convicted of reckless driving in Virginia may have their license suspended for up to six months, during which they are prohibited from driving. If the individual is required to drive for a living, then losing their license could also mean a loss of employment.

  Jail Time

  Active jail time isn’t typical for Virginia reckless driving cases, but some serious cases, such as speeding over ninety-five or one hundred mph, may result in a jail conviction. As a class 1 misdemeanor in Virginia, a reckless driving conviction can end up with up to one year in jail.

  Record Demerits

  Reckless driving takes six points off an individual’s Virginia driving record, and the resulting conviction will remain on his or her driving record for eleven years. Additionally, reckless driving will stay on a person’s permanent criminal record, which they cannot expunge.

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  How to Defend a Reckless Driving Charge in Virginia

  With the help of an experienced reckless driving lawyer from Coastal Virginia Law, you can come up with the best defense strategy to reduce or avoid any criminal penalties. Some common defenses include:

  • Acting under the instruction of an officer
  • Seeing roadway markings that indicate permission to pass
  • Driving on highways that had the appropriate number of lanes to permit the act
  • Having an improperly calibrated speedometer (or being caught by a radar or Lidar device that wasn’t calibrated correctly)
  • Passing only a motorcycle, moped, or bicycle
  • Not passing at a crest of the curve
  • Racing on private property with permission from the landowner

  Your Coastal Virginia Law Firm attorney will know the best defense to use based on your case, but to do that, you must provide him or her with honest details about the events leading up to the criminal charge. Getting your criminal charge reduced or expunged may allow you to keep your license, avoid fees and jail time, and keep a clean driving record.

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  Factors That Can Dismiss or Reduce a Reckless Driving Charge

  Reckless driving doesn’t automatically incur the maximum penalties, nor does it have to end up with any sort of charge at all. Judicial officers in Virginia may consider the following mitigating factors to allow for a dismissed or reduced criminal charge for your case:

  • A clean driving record
  • References to the individual’s good character
  • Emergency circumstances
  • Roadway conditions during the event
  • The appearance of improperly marked roadways or vehicles
  • Lack of awareness of vehicle defects
  • Behaviors of other drivers
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  How Can Hiring a Reckless Driving Attorney Help Me?

  Because reckless driving is a serious offense in Virginia, it’s advisable to hire an experienced and competent attorney to work through the case with you. The way reckless driving cases go can vary drastically and legal complexities may arise depending on your charge. Even what seem like minor reckless driving charges can have long-term negative effects, and the best way to reduce or avoid these is to have a competent lawyer from Coastal Virginia Law guiding you through possibly avoiding or reducing any charges.

  A reckless driving attorney is prepared to appropriately address any evidentiary, constitutional, and procedural process in your case. They can research your situation, negotiate with judiciary officials, and prepare to win in court; they can also arrange a plea agreement for a lesser charge and appear in court on your behalf.