Virginia Reckless Driving

It is common for motorists to make mistakes, like driving just over the speed limit, rolling through a stop sign, or going through an intersection after the light turns yellow. While these errors should still be avoided, some misconduct behind the wheel goes far beyond instances of carelessness and poor judgment. Virginia’s statute on reckless driving targets acts that are so dangerous they cause a risk to life, limb, and property. Plus, the criminal laws include numerous provisions on specific conduct that amounts to reckless driving. These offenses are criminal in nature, so the implications are much more serious than a traffic ticket.

When the potential punishment for reckless driving includes incarceration and fines, you know that retaining legal representation is essential. Hampton Injury Law PLC is dedicated to protecting your rights, so we are ready to defend the charges. Please contact the firm to set up a case evaluation with a Virginia reckless driving lawyer. You can also benefit from a legal summary about these cases.

How You Could Be Arrested for Reckless Driving

The general statute on reckless driving broadly expands to any conduct that presents a risk of harm to people or property. Provisions that address specific types of reckless driving conduct include:

• Traveling 20 mph or more above the posted limit;
• Speeding in excess of 85 mph;
• Street or drag racing;
• Passing a school bus or emergency vehicle;
• Passing two vehicles that are traveling alongside each other;
• Passing at a railroad crossing; and,
• Passing at the crest of a hill or with an obstructed view.

Penalties for a Reckless Driving Conviction

In most cases, this offense is charged as a misdemeanor. If convicted, you face punishment for a Class 1 misdemeanor of up to a year in jail and a maximum fine of $2,500. Under certain circumstances, such as when a reckless motorist is driving on a suspended license, the charges rise to Class 6 felony. This type of felony is a “wobbler,” which means it could be punished as a Class 1 misdemeanor. If it is treated as a felony, the sentence can be one to five years in prison.

Reckless driving also leads to points on your driver’s license, a total of six points that will remain on your record for 11 years.

Legal Help with Defenses

Because it is a crime, the government has a high burden to meet to get a conviction. Your initial strategy should include tactics to expose weaknesses in the case, so the prosecutor cannot prove guilt beyond a reasonable doubt. In addition, Hampton Injury Law PLC can handle other legal tasks, including: 

• Reviewing the evidence against you;
• Determining the validity of the radar or other speed-detection technology;
• Gathering additional proof for defenses;
• Appearing in court and at administrative hearings; and,
• Discussing plea bargaining or other ways to resolve a reckless driving case in your favor.

You Can Rely on a Virginia Reckless Driving Attorney for Help

It is reassuring to know that defenses are available, but skilled legal counsel is necessary for getting them before the court. For more information, please call Hampton Injury Law PLC or complete our online contact form to request a case evaluation today.