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Author: john

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How to Reduce Reckless Driving to Improper Driving

Written by john on . Posted in Reckless Driving.

You’re probably here because you’ve been pulled over for reckless driving. If that’s the case, you need to know about improper driving. There is a big difference between being charged with reckless driving versus improper driving.  

Reckless driving is punishable as a Class 1 misdemeanor under Virginia Code 46.2-868. This punishment carries with it potential jail time for up to a year and a fine of up to $2,500. In addition, you are facing 6 demerit points to be added to your driving record that will remain for up to 11 years. You can receive a ticket for reckless driving a number of different ways. Including: 

  1. Speeding more than 85 mph 
  1. Speeding 20 mph or more over the limit 
  1. Driving too fast for conditions 
  1. Racing 
  1. Passing or overtaking an ambulance or fire truck 
  1. Passing a stopped school bus 
  1. Passing on the crest of a hill 
  1. Passing at a railroad crossing 
  1. Passing two vehicles abreast 
  1. Driving two vehicles abreast 
  1. Failure to signal 
  1. Driving with faulty brakes or improper control 
  1. Reckless driving on parking lots 
  1. Reckless driving with an obstructed view 

No one wants to be charged with reckless driving. But did you know, you can often get your reckless driving ticket reduced to improper driving? 

Under Virginia Code 46.2-869, someone who receives a reckless driving ticket can often obtain a reduction of their ticket to improper driving if the degree of culpability is slight. The degree of culpability considers many factors, including whether you have a clean driving record, whether you performed community service, if you took the effort to complete a driver improvement course, and whether it was a borderline speeding case.  

The punishment for improper driving is much less than reckless driving. If charged with improper driving, you are facing a $500 fine and 3 demerit points on your driving record that will remain for 3 years. While paying a fine and receiving demerit points is not ideal, you are no longer facing jail time or the possible suspension of your license.  

If you find yourself holding a ticket for reckless driving, contact the attorneys at Driving Defense Law so we can create a unique gameplan and roadmap for your case. We will work with you and attempt to obtain a dismissal or reduction of your charge. Our attorneys have experience in Courts throughout Virgina, including Virginia Beach, Chesapeake, Norfolk, Portsmouth, Suffolk, Isle of Wight, Hampton, Newport News, Northampton, Accomack and beyond. It is our privilege to serve you and protect your legal rights! Call now for a FREE case evaluation.

Happy 4th of July and Drive Safely!

Written by john on . Posted in Traffic Resources.

According to the American Automobile Association, more than 42 million people will be traveling the roads this Fourth of July weekend. Virginia alone is expected to have 1.2 people drive at least 50 miles this weekend. As fun as this holiday is, chilling by the pool with a cool drink, please make safety your priority and get back home safe! This weekend, the Virginia State Police will increase their patrols, hoping to reduce accidents in the area. Unfortunately, last year there were 12 traffic deaths, 61 drivers were arrested under the influence, 4,025 speeders, 1,434 reckless drivers, and 510 citations were issued to people not wearing their seatbelt.

Remember, Virginia treats all first offense DUI and DWI as a criminal act under Virginia Code § 18.2-270. You can be charged with a DUI if your blood alcohol concentration is 0.08 percent or higher, or if you have detectable controlled substances in your system. So, if you are looking to kick back and relax this weekend, make sure you have a designated driver. Any person that is driving under the influence and it is their first DUI, is facing a minimum fine of $250, a requirement to complete the Alcohol Safety Action Program, up to 12 months in jail, and a one-year license revocation. If this is your second or third DUI, you are facing even more serious consequences. If you are under the age of 21 and convicted of a DUI, you are facing a mandatory one-year suspension of driving privileges, a minimum fine of $500 or 50 hours of community service and up to 12 months in jail. You should also expect to receive six demerit points on your driving record if convicted of a DUI.

Reckless driving is also a serious offense in Virginia as it is punishable as a Class 1 misdemeanor under Virginia Code § 46.2-868. There are 16 offenses in Virginia that constitute reckless driving. The most common offenses are those that involve speeding. Under Virginia Code § 46.2-868, you can be charged with reckless driving for speeding more than 20mph over the posted limit or speeding more than 85mph over any posted speed limit. Other common offenses charged as reckless driving include driving too fast for road conditions under Virginia Code § 46.2-861, and failing to maintain proper control of the vehicle under Virginia Code § 46.2-853. Getting a reckless driving ticket is no fun and can result in some serious consequences. Under Virginia Code § 18.2-11, punishment for a Class 1 misdemeanor is either confinement in jail for up to twelve months or a fine of up to $2,500. You should also expect to receive six demerit points on your driving record if convicted of reckless driving.

A car accident, a ticket for driving under the influence or reckless driving, or even a citation for not wearing your seatbelt, is not something you want to face this weekend. Have a fantastic Fourth of July and remember to make safety your priority!

Sources:

Record number of travelers to hit U.S. roads for July 4 weekend -AAA | Nasdaq

Over 1.2M Virginians expected to hit the road for the holiday weekend (msn.com)

Virginia State Police urge drivers to plan ahead for 4th of July weekend (wsls.com)