If you have recently been charged with a reckless driving offense, you may be wondering how different it is from a simple speeding ticket. Contrary to popular belief, reckless driving is not considered a moving traffic violation in Virginia; it is a criminal offense with tough consequences. It is an offense that can build a criminal record for the driver.
Because the Hampton Roads area is a hotspot for vacationing and tourism, highways and other roadways are heavily patrolled by law enforcement looking out for reckless driving. As soon as you are charged with reckless driving, it is crucial you connect with an experienced traffic attorney to help you through the sticky process. A Virginia reckless driving attorney can help you fight any charges.
The reckless driving policy in the Code of Virginia is as such:
“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”
Reckless driving is defined under state law as driving in a way that endangers yourself, others, or property. Excessive speeding is a common example of reckless driving. If you are driving 20 miles per hour above the speed limit, or above 85 miles per hour regardless of the speed limit, you could be charged with reckless driving by speed.
Though the law clearly states what is considered to be reckless driving, whether or not your ticket will be a reckless driving offense or not is ultimately up to the police officer that stopped you. There are several different behaviors that could be classified as reckless driving, which is why a seasoned Virginia attorney is a must if you find yourself in this situation.
Behaviors that are considered to be reckless in Virginia are (but are not limited to):
If you were ticketed for reckless driving but feel like you were wrongly accused, the Virginia lawyers at Parks Zeigler can provide the strong legal representation you need in your case.
The first thing to understand in your reckless driving case is that you must appear in court, and this charge will appear on your criminal record. Failure to appear in court may result in a fine or even jail time, but your Virginia reckless driving attorney may be able to appear in court on your behalf. You can expect a hearing (officer testifies, you testify, judge decides penalty). The next step would be to address the fine you are required to pay and pay the court costs. Additionally, the DMV will assess 6 demerit points on your license.
Because reckless driving is a criminal charge, there are more consequences than a traffic violation. Reckless driving punishments are similar to those of DUI/DWI consequences. Reckless driving is considered to be a Class 1 Misdemeanor; under state law, you can be punished by up to 1 year in jail or a fine of up to $2,500. Additionally, you may face a driver’s license suspension of up to six months.
Due to the seriousness of the charge, enhanced penalties may be assigned for certain situations, like if death or injury resulted from reckless driving, or if there were subsequent offenses. In some counties in Virginia, you could spend a day or more in jail based on the level of your offense.
It is a common misconception that you can just pay a reckless driving ticket off over the phone or online like you would with a regular speeding ticket. As stated above, this is not the case with reckless driving. You cannot pre-pay reckless driving citations; you must appear in court. Because of your required court date, you truly do need an attorney to help you understand the consequences you will face and find defenses for you in the courtroom. Additionally, a dependable attorney may be able to attend your court date on your behalf and save you the trouble of physically appearing in court.
Since reckless driving is considered a criminal offense, there are long-term consequences that will occur that will impact your criminal record. Regardless of your case’s circumstances, you do not have to plead guilty; it is in your best interest to prepare for your trial with a trusted attorney to ensure your case is in the best hands possible. This is especially important if you are not a Virginia resident—you need legal counsel that is experienced in the state jurisdiction.
If you or a loved one have been recently charged with reckless driving, the experienced attorneys at Parks Zeigler can advise you regarding the legal process you will face in the coming weeks. Call a Virginia reckless driving lawyer today.
With an office near Town Center, Virginia Beach and a second location beside the Chesapeake courthouse, our team provides quality legal representation across the entire Hampton Roads Area.
Parks Zeigler, PLLC – Attorneys At Law
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