Virginia Reckless Driving Lawyer Explains Reckless Driving Charge
December 11, 2015 by Jean Humbrecht
A Virginia reckless driving charge is a CRIME. A conviction will remain on a driver’s permanent criminal record and cannot be expunged. If you have been charged with reckless driving in Virginia, it is important to contact a Virginia reckless driving lawyer immediately to discuss your charge and any possible defenses.
What is Reckless Driving in Virginia?
A driver can be charged with reckless driving in Virginia if he drives a motor vehicle recklessly or at a speed or in a manner that endangers the life, limb, or property of another person.
Virginia Reckless Driving Charges
There are a number of charges in Virginia that are considered reckless driving. They include:
Driving at a High Speed Can Be A Reckless Driving Charge in Virginia
- General Reckless Driving (Va. Code §46.2-852)
- Reckless Driving by Speed (Va. Code §46.2-862)
- Aggressive Driving (Va. Code §46.2-868.1)
- Racing (Va. Code §46.2-865)
- Driving Too Fast for Highway/Traffic Conditions (Va. Code §46.2-861)
- Failing to Maintain Proper Control/Faulty Breaks (Va. Code §46.2-853)
- Failure to Yield Right of Way (Va. Code §46.2-868)
- Reckless Driving on Parking Lot (Va. Code §46.2-864)
- Failure to Give Proper Signal (Va. Code §46.2-860)
- Passing a Stopped School Bus (Va. Code §46.1-859)
- Passing at a Railroad Crossing (Va. Code §46.2-858)
- Driving with Obstructed View (Va. Code §46.2-855)
- Driving Two Abreast in a Single Lane (Va. Code §46.2-857)
- Passing Two Vehicles Abreast (Va. Code §46.2-856)
- Passing On or at the Crest of a Grade or Curve (Va. Code §46.2-854)
- Failure to Yield to Stationary Emergency Vehicle (Va. Code §46.2-921.1)
Proof of Virginia Reckless Driving Charge
Reckless driving is frequently charged after a car accident. The police officer who responds to the scene determines who was at fault and charges that person with reckless driving. However, an accident does not itself prove reckless driving in Virginia. The Commonwealth still must prove that the accused drove in a manner than endangered the life, limb or property of another person.
Virginia Reckless Driving Penalties
A Virginia reckless driving charge is generally a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, court costs, driver’s license suspension up to 6 months, DMV demerit points, and possible enrollment in the Virginia ASAP program. If the offender was texting while driving, there will be a mandatory minimum fine of $250 (Va. Code §46.2-818.2). Click here for more information on texting while driving in Virginia under Va. Code §46.2-818.2.
There could be many additional consequences to a reckless driving conviction in Virginia, including insurance premium increases, loss of educational and employment opportunities, security clearances could be in jeopardy, and immigration consequences for anyone who is not a United States citizen.
It is important to contact a Virginia reckless driving lawyer as soon as possible to review options for, consequences of, and possible defenses to a Virginia reckless driving charge. If a conviction cannot be avoided, a Virginia reckless driving lawyer can help to obtain the best possible outcome.
Difference Between Reckless Driving and Traffic Infractions in Virginia
Contact Virginia Reckless Driving Lawyer Jean Humbrecht Today to Handle Your Case
The difference between a traffic infraction and a Virginia reckless driving charge is the degree of danger the driver caused by his conduct.
Unlike traffic infractions, a driver CANNOT pre-pay a fine for a Virginia reckless driving charge. The driver MUST come to court. Failure to appear in court could result in an ADDITIONAL criminal charge.
Reckless driving in Virginia has serious consequences and should not be taken lightly. It would be wise to consult with a Virginia reckless driving lawyer before going to court.
Felony Reckless Driving
Reckless driving in Virginia can sometimes be a felony. If the offender’s license was suspended or revoked for a moving violation and the driver caused the death of another person as a result of his reckless driving, he will be charged with a Class 6 felony (Va. Code §46.2-868(B)). The offense is punished with up to 5 years in prison, a fine up to $2500, DMV demerit points, and driver’s license revocation for 1 year.
For more information on felony reckless driving charges in Virginia, click here.
Contact Your Virginia Reckless Driving Lawyer Jean Humbrecht Today
If you are facing a reckless driving charge in Virginia, contact Virginia reckless driving lawyer Jean Humbrecht today to handle your case and discuss any possible defenses you may have. A Virginia reckless driving lawyer can help obtain the best possible result based on your particular circumstances.
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