Glen Allen VA Reckless Driving Lawyers

You might be surprised to know what happens when you have been pulled over for speeding in Virginia. While most Virginia residents are aware that speeding can actually be “reckless driving” in Virginia, if you are only in Virginia for vacation or business, or simply driving through on your way elsewhere, it can come as a shock that speeding just 16 MPH over the limit can be a criminal offense. If you are going to drive through Virginia, t is important to understand the reckless driving laws in Virginia. Most people assume that speeding is just like any other minor charge. They think they will just pay for a mere ticket and drive home. However, that is not the case in the Commonwealth of Virginia. Most people are surprised to learn they are facing criminal charges. It’s known as reckless driving in Virginia.

Call (804) 355-8037 to speak with one of our knowledgeable Richmond and Henrico traffic lawyers. We will provide you with an objective assessment of your case. During the interview process we will quote you a reasonable fee to handle your case.

Reckless driving is considered a misdemeanor offense in Virginia. It is in the same category as driving under the influence, petty larceny, or assault. Reckless driving charges present many problems for the offender. First, there is the potential of spending time in jail. Secondly, your driving license might be suspended. Finally, you might face significant fines – up to $2,500. As you can see, reckless driving is not something to take lightly.

The best way to protect yourself when you have been charged with reckless driving is to contact a local lawyer who has a deep understanding of the laws and the specific court in which your case will be heard. Reckless Driving in Virginia can be quite complex since there are so many offenses that fall under that category. It is always advisable to seek the services of an experienced and qualified Glen Allen VA reckless driving lawyer who can usually handle the matter on your behalf.

Reckless Driving in Glen Allen, Virginia

So, what constitutes reckless driving in Virginia? Reckless driving is considered as driving in a manner that endangers life, limb or property. You can also be charged with reckless driving for excessive speed. With so many charges that constitute reckless driving in VA, it is always wise to check your ticket and confirm the specific issue. Some people rush to plead guilty and pay the fines, without considering the long-term consequences of a reckless driving conviction. You need to know that reckless driving is a criminal offense and that you will have a permanent record which cannot be expunged. It is therefore important to seek the services of a qualified Glen Allen VA reckless driving lawyer as soon as possible.

Here are some of the charges that constitute reckless driving in VA:

General Reckless Driving

General reckless driving applies to a situation where someone drivers their vehicle recklessly on the highway in a manner or at a speed that endangers life, limb or property. This applies regardless of the posted speed limit. In Virginia, reckless means driving in total disregard of your consequences. Most drivers cited for reckless driving are usually charged once they have been involved in an accident. It is commonly known as reckless driving by accident. The police officer will then assess the situation, look at the extent of damage on the cars involved, talk to witnesses and then decide who was responsible for the accident. Various legal issues can arise due to this type of Reckless Driving summons. As noted earlier, reckless driving charges can be complex and hard to understand. That’s why you should contact an experienced attorney to handle your case.

Reckless Driving by Speed

In Virginia, you can face criminal charges for driving at certain speeds beyond the posted speed limit. It is by far the most common form of Reckless Driving in Virginia. If you are driving at 20 MPH above the posted speed limit (or more), then you can be charged with reckless driving by speed. Also, driving over 85 MPH regardless of the allowed speed also constitutes reckless driving. In short, if the posted speed limit on a road is 35 MPH and you are driving at 55 MPH or even 100 MPH, then you can be charged with reckless driving. If you are driving on the Interstate with a 70 MPH speed limit, then going just 86 MPH can lead to criminal charges.  There are various outcomes when it comes to reckless driving by speed. Judges usually consider the number of miles per hour that you were driving over the posted limit, as well as whether your speedometer is properly calibrated. It is important to note that you cannot prepay a ticket for reckless driving by speed. In Glen Allen VA, you will have to appear in court during the designated date and answer the charges. If you fail to appear in court, the judge can issue a warrant for arrest which will increase the severity of your penalties as well as create another criminal charge for you. The good news is that you don’t have to always appear in court to answer the charges. A seasoned reckless driving lawyer can usually appear in court on your behalf.

Call (804) 355-8037 to speak with one of our knowledgeable Glen Allen and Richmond traffic lawyers. We will provide you with an objective assessment of your case. During the interview process we will quote you a reasonable fee to handle your case.

Vehicle Not in Control

The laws of Virginia provide that anyone driving a vehicle that is not under proper control, or its brakes are improperly adjusted or inadequate, is guilty of reckless driving. This charge is quite common in accident cases. However, the prosecuting officer will have to prove that you were not in control of your vehicle or the brakes were faulty. Sometimes you can follow all the necessary maintenance practices and your vehicle still develops mechanical problems on the highway. Such mechanical problems might lead to accidents and you will be charged with reckless driving for a vehicle not in control. When you find yourself in such a situation, don’t panic or even do something that might jeopardize your defense. Just contact the highly capable Glen Allen VA reckless driving lawyers at The Weiland Firm, PLC, PLC and we will handle your case with the professionalism it deserves. An experienced traffic defense attorney will protect your rights and ensure you get a fair hearing during the trial.

Other Forms of Reckless Driving

In Virginia, 14 charges constitute reckless driving. Apart from the three listed above, the rest include car overloaded, passing when view is obstructed, two vehicles in a single lane and passing two vehicles abreast. Others are passing at railroad grade crossing or at an intersection, failing to give proper signals, passing a stopped school bus, street racing, failing to yield to an emergency vehicle, and driving too fast for conditions. If your actions resulted in the loss of lives then your charges can be upgraded to a felony.

You can also be charged with reckless driving together with another offense such as DUI. For example, imagine speeding at 20 MPH over the posted limit and an officer stops you. The officer then realizes you smell like an alcoholic beverage, your speech is slurred, and your eyes appear bloodshot or glazed. If the officer determines there is probable cause for a DUI, he can charge you with that as well as Reckless Driving.  The same is not true for a Reckless Driving – General charge (usually stemming from an accident).  Call the traffic and criminal defense attorneys at The Weiland Firm, PLC for more information on that.

Penalties for Reckless Driving

People facing reckless driving charges in Glen Allen VA tend to assume they will be treated with leniency, especially if they are first time offenders. However, that is not always the case. Whether you are a first time offender or not you will potentially face the full scope of the penalties associated with reckless driving, including license suspension, fines and even jail time. While judges generally go easier on people who have never had a ticket before, you shouldn’t take these charges lightly just because you are a first time offender. The specific penalties applied depend on the facts and nature of the case, the presiding judge, as well as your driving record. For instance, your specific judge might not put too much emphasis on your clean driving history but instead care more about the street you were driving on, the time of day, and your demeanor with the officer. Due to these reasons, it is always important to retain the services of an experienced and knowledgeable reckless driving lawyer who can work aggressively to defend you and protect your rights in court.

Fine

Reckless driving is a class 1 misdemeanor offense. It comes with a maximum fine of $2500. The actual fine depends on many factors, including your driving record and the court’s individual policy among other reasons. In some cases, the fine will be calculated in line with regular speeding tickets. Generally speaking, the fine is based on the degree of severity of the Reckless Driving charge, your driving history, and the judge’s personal policies regarding fines.  Every case is unique and so is the fine.

Suspended License

It doesn’t come as a surprise that most people charged with reckless driving tend to rely on their driver’s licenses for driving to and from work and sometimes during work itself. A judge can suspend your driver’s license for Reckless Driving and it is especially common if your speed were twice the allowed limit or at least 30 MPH above the posted limit. For example, if you are driving at 70 MPH and the allowed speed limit is 35 MPH then there is a high potential of a suspension. Also, driving at speeds above 90 MPH has a high chance of a suspension. You can also lose your commercial driver’s license.  Notably, an experienced traffic attorney can often successfully petition the court for restricted driving privileges for you if your license is suspended.  This cannot be done for a commercial driver’s license.

Jail

Jail time is not a common penalty for reckless driving. However, if you were driving at speeds over 90 MPH, or greater than 30 MPH above the limit, then there is a higher chance of spending a little time in jail. Once you reach 100 MPH or 40 MPH above the limit, jail becomes much more of a certainty.  You need to consult a local traffic lawyer immediately when you receive a ticket like this to increase your odds of avoiding jail through diligent trial preparation.

Insurance Premium Increases

Insurance companies are in business to make money. According to insurance companies, if you have been convicted of reckless driving then your risks of a serious accident (where they would potentially have to pay out a lot of money) are high. Your insurance provider will generally increase your premiums if you are convicted of Reckless Driving – often drastically. The good news is at The Weiland Firm, PLC, we have found ways to avoid Reckless Driving convictions for almost every situation that exists. Call us for more information: (804) 355-8037.

Loss of Opportunities

People who depend on driving to earn a living, such as commercial drivers may lose their jobs once their licenses are revoked, disqualified, or suspended. Also, most employers tend to avoid hiring people with previous records of reckless driving. In fact, it is common for some companies to have a policy that allows them to terminate employment once an employee has been convicted of reckless driving. A reckless driving conviction also comes with a permanent criminal record that is viewable to the public online. Such a record will appear whenever people are conducting background checks on you. Apart from employment, a Reckless Driving conviction can affect other future opportunities.

Driving and Criminal Record

Virginia has a complex points system. Every driver starts at zero. You will then accumulate one point every year, as long as you drive without any tickets that count as moving violations. The maximum number of positive points you can earn is +5.  Each moving violation comes with a certain number of points. Reckless driving carries 6 demerit points immediately taking you down to a -1 point balance. Reckless Driving will remain on your driving record for at least 11 years. Based on the amount of demerit points you receive in a certain time period, the Virginia DMV can suspend your license or require you to attend a driver improvement course. If you are an out-of-state driver, then your home state has control over the points you can get. In most circumstances, however, the Virginia DMV will report your Virginia conviction to your home state. It is then the work of the DMV in your state to assess the conviction and apply it to your record. They will then determine the number of demerit points you will get at that time.

Why The Weiland Firm, PLC

If you are facing reckless driving charges then you should talk to us immediately. It doesn’t matter how small the charge appears. A reckless driving conviction carries severe penalties which can affect your future opportunities. You might lose your job, fail to get good housing, or even fail to secure a loan, due to your past criminal record. Our team is comprised of seasoned lawyers who have represented thousands of clients like you. We don’t promise any particular outcome since every case is unique in its own way, but our track record speaks volumes when it comes to minimizing the impact a serious traffic violation can have on you. We understand that you might be feeling confused or even worried regarding the next step to take. Let us be the ones who worry about your case (it’s what we do!), as you continue with your normal daily schedule and begin to move on from this one bad instance. We are ready to come up with a successful strategy, defend your rights in court, and ensure you get a fair hearing.

Contact us Today

Once you have been charged with reckless driving, don’t hesitate, don’t pay the ticket, and don’t plead guilty. Talk to us first. We will assess your charges and then advise on the best way forward. We offer free consultations. Contact the professional reckless driving lawyers at The Weiland Firm, PLC today for the best legal representation.

Call (804) 355-8037 to speak with one of our knowledgeable Richmond and Henrico traffic lawyers. We will provide you with an objective assessment of your case. During the interview process we will quote you a reasonable fee to handle your case.

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