Author: john

Under Virginia law, there are as many as fifteen offenses that fall under the crime of reckless driving. Driving too fast for highway or traffic conditions is one of these offenses and, if you are found guilty, can result in jail time, heavy fines, and other penalties. Understanding the role of road conditions in reckless driving cases is key to avoiding these charges and defending your rights in court. 

As the law firm of choice for drivers across Virginia, Driving Defense Law has successfully reduced or dismissed reckless driving charges using our proven defense approach. When you work with us, you can expect a tailored legal defense strategy, zealous representation from our team of experienced attorneys, and a careful attention to detail. To discuss your case in greater detail with our team, consider contacting us via call or text at (757) 929-0335 today. 

What Is Reckless Driving? 

Generally, reckless driving is a serious moving violation that is associated with aggressive driving and indifference to the safety of other drivers on the road. In Virginia, reckless driving is a Class 1 misdemeanor, which is a criminal offense punishable by up to a year in jail, $2,500 in fines, and other penalties such as license suspension or revocation. Article 7 of the Virginia Code establishes several different ways that a person can be charged with reckless driving, including:

• Excessive speed
• Driving a vehicle which is not under proper control or which has faulty brakes
• Passing at the crest of a grade or a curve 
• Driving with an obstructed view 
• Passing two cars side by side
• Failing to give a proper signal
• Overtaking at a railway crossing
• Passing a school bus that is stopped
• Driving too fast for highway or traffic conditions
• Engaging in a road race

When it comes to the role of road conditions in reckless driving charges, “driving too fast for highway or traffic conditions” is particularly important. Drivers are legally required to maintain a safe speed and adjust their driving behaviors to compensate for poor road conditions. Driving too fast for road conditions can result in a reckless driving charge, regardless of the speed limit (Virginia Code § 46.2-861). 

Driving Too Fast in These Road Conditions Can Lead to a Reckless Driving Charge…

The language of the law is intentionally vague, leaving room for interpretation by law enforcement, attorneys, and judges. There are several circumstances in which a police officer may pull you over for driving too fast for highway or traffic conditions, including: 

• Poor weather including fog, snow, rain, or sleet. In fact, weather conditions contribute to roughly 11% of all car accidents in the United States. As it pertains to road conditions in reckless driving cases, inclement weather plays a major role. 
• Traffic is slowed because of an accident. This is a common reason why Virginia drivers receive moving violations. Drivers are required to slow down for vehicles stopped on the side of the road, and failing to do so can leave you in trouble with the law. 
• Road construction. Many times, the speed limit is reduced in construction zones due to the dangerous environment created by roadway construction. You may be caught going well over the speed limit if you are not aware of the change. 
• Entering a curve too quickly. A substantial percentage of speeding-related fatalities happen on curves, and law enforcement knows this. Speeding on winding Virginia roads can easily lead to a reckless driving charge. 

What Are the Consequences of Driving Too Fast for Road Conditions?

If you are convicted of driving too fast for road conditions, you can face severe penalties that impact your future, your financial stability, and your freedom. As a Class 1 misdemeanor, a conviction of reckless driving can lead to the following penalties: 

• Up to 1 year in jail 
• A maximum of $2,500 in fines
• License suspension or revocation
• 6 demerit points on your license
• Probation

In addition to these penalties, having a reckless driving charge on your record can significantly increase your insurance rates, impact your ability to secure employment, and make it more difficult for you to obtain a loan or mortgage. Overall, the reckless driving charges and penalties should not be taken lightly. If you are facing reckless driving charges, it is important to seek assistance from an experienced attorney at Driving Defense Law to build your defense. 

Is It Possible to Defend Against Reckless Driving Charges? 

As mentioned, the law governing road conditions in reckless driving charges is quite vague and open to interpretation. This may seem like a disadvantage initially, but in fact this ambiguity can be used to your benefit when building a legal defense for your case. The actual verbiage of the law matters in these cases. The law states that a person can be found guilty of reckless driving if they exceed a reasonable speed under the given circumstances and traffic conditions, regardless of the posted speed limit. 

If your attorney can provide evidence that shows your behavior was not unreasonable, the charges may be reduced or dismissed altogether. Your past driving history, familiarity with the roads, witness testimonies, and your distance between your vehicle and the vehicle in front of you may be helpful in these cases. Moreover, agreeing to complete driver’s safety school or community service may compel a judge to reduce the misdemeanor charge for reckless driving down to an infraction for careless driving. 

Speak with A Knowledgeable Driving Defense Law Attorney About the Role of Road Conditions in Reckless Driving Cases

If you were charged with reckless driving due to traffic or road conditions, there are options available to help defend your rights and minimize the consequences of your charges. At Driving Defense Law, we do not believe in one-size-fits-all legal defense. Rather, we craft a personalized defense strategy for every person we represent. Through our client-centric approach, we have been able to successfully reduce or dismiss charges for countless clients. To learn more about how we can help, consider scheduling a free case evaluation with our team at (757) 929-0335 today. 

In Virginia, the consequences of road racing and reckless driving charges are severe. Being convicted of this offense can affect your work, your future, and your ability to move freely around your community. Fortunately, it is possible to fight reckless driving charges with the help of an experienced attorney. As a law firm of choice among Virginia drivers, Driving Defense Law has helped countless individuals with reducing or dismissing their road racing charges. To learn more about how we can help, consider calling or texting us at (757) 929-0335 today. 

What Are the Virginia Reckless Driving Laws for Road Racing?

Road racing is one of the most serious forms of reckless driving in Virginia. This offense is detailed in Virginia Code § 46.2-865, which states that any person who engages in a race between two or more vehicles on the highway or the driveway of a public location can be charged with reckless driving. The law also accounts for aiding and abetting road racing, which is also a cause for a reckless driving charge in Virginia. 

Reckless Driving in Virginia

Road racing is among the over fifteen offenses that can result in a reckless driving charge. Some of the other common ways that a person can be found guilty of reckless driving in Virginia include: 

• Excessive speed of over 20 miles per hour above the speed limit or 85 miles per hour on any roadway, regardless of the posted speed limit.
• Driving too fast for road conditions.
• Passing at a railroad crossing, passing two vehicles abreast, and passing on a curve or at the crest of a grade.
• Failing to give a proper signal. 
• Driving a vehicle that is not properly maintained.
• Failing to stop for a stopped school bus.

Some of these offenses may seem innocent, but being found guilty of reckless driving for any of the aforementioned reasons can have serious, life-altering consequences. 

What Are the Penalties for Road Racing and Reckless Driving Charges in Virginia?

In Virginia, reckless driving is a misdemeanor offense, meaning the penalties for road racing are much more severe than the penalties for a minor traffic infraction. If you are found guilty of road racing and reckless driving charges in Virginia, your conviction may include the following penalties: 

• Up to 1 year in jail 
• $2,500 in fines
• A criminal record
• Probation
• Six demerit points on your license

According to the Virginia Code § 46.2-865, individuals found guilty of road racing will have their license suspended for up to two years. This means that if you are convicted of road racing you must surrender your license to the court, leaving you unable to drive during the period of suspension. Moreover, a conviction of reckless driving will appear on your criminal record, which may hinder your ability to secure employment, housing, and college admission moving forward.

The penalties for road racing are elevated if you cause injury or death to another person. Virginia Code § 46.2-865.1 states that any person who causes serious bodily injury to another person will be found guilty of a Class 6 felony punishable by up to 5 years in jail and fines of $2,500. Causing death to another person, on the other hand, is punishable by up to 20 years in jail. 

How Does Law Enforcement Prove that You Were Racing?

Law enforcement may use a variety of tactics to prove that you were racing. In the majority of situations, a police officer will attempt to have you admit wrongdoing. They may ask questions about why you were road racing, anticipating that you will incriminate yourself. Admitting to a police officer that you were engaging in a road race can be an important piece of evidence in the prosecution’s case. For this reason, never admit wrongdoing to a police officer who has pulled you over. 

In a prior case, Derek Justice Doggett v. Commonwealth, 66 Va. App. 219, the Virginia courts set forth an important standard used in road racing cases. The courts explained that a driver’s conduct can be used to infer that they were road racing. Several different facts were found to be important in connecting a driver’s behavior to road racing. 

For example, because the drivers were stopped next to each other at a stoplight, gestured to “go forward,” were traveling at excessive speeds, and maneuvered their cars to pass or attempt to pass each other across a double-yellow line on the road, their conduct constituted road racing under the law. This information was enough to find the drivers guilty of road racing and reckless driving charges. 

Is It Possible to Defend Against Road Racing Charges?

By crafting a tailored defense plan, it is entirely possible to challenge road racing charges. The first step to defending against road racing charges is finding effective legal representation to handle your case. Misdemeanor charges require a person to attend court hearings and, in some situations, defend their case in trial. Doing this without the assistance of an experienced attorney who understands the laws of Virginia and who has successfully navigated similar matters can be an uphill battle. 

At Driving Defense Law, what sets us apart from other law firms is that we create a personalized plan for every client that we work with. We do not use a one-size-fits-all approach. Rather, we review the facts of your case, your prior driving history, and all available evidence to build the strongest case possible to have your road racing and reckless driving charges reduced or dismissed entirely. Some of the defense strategies that we may use in your case include: 

• Asserting that the prosecution’s evidence is weak and circumstantial. 
• Providing compelling evidence that indicates that you were not road racing.
• Demonstrating a prior history of safe driving, evidenced by your driving record.
• Negotiating a plea deal in exchange for completing driver’s safety school and/or community service.
• Arguing that your conduct should be charged as careless/improper driving rather than reckless driving. 

Contact an Experienced Attorney at Driving Defense Law Today

Road racing and reckless driving charges can have a serious impact on your life, your freedom, and your ability to earn an income. If you are found guilty of this criminal offense, you may not be able to drive for up to two years and experience difficulties finding a job or leasing an apartment. With such high stakes, it is important to take every precaution to defend your rights and reduce your charges. 

At Driving Defense Law, we work closely with Virginia drivers who were charged with reckless driving, building the strongest defense possible to minimize the consequences of their charges. To connect with our team, consider contacting us at (757) 929-0335 or booking a free consultation with us today. 

In Virginia, there are a variety of ways that a person can be charged with reckless driving, a class 1 misdemeanor that is punishable by penalties including jail time and heavy fines. If you were charged with reckless driving in Virginia, it is important that you do not take this charge lightly. This offense can lead to a criminal record that appears on background checks and carries stringent penalties that can impact your life, finances, and your freedom. In some cases, it is possible to reduce a reckless driving charge down to a more less severe careless/improper driving infraction. 

Understanding the difference between reckless driving vs. careless driving is an essential first step to protecting your rights and your freedom. At Driving Defense Law, we work closely with individuals charged with reckless driving. As zealous negotiators and skilled litigators, we understand how to successfully reduce your charges and minimize the consequences of your traffic violation. To discuss your case in greater detail with our team, consider calling or texting us at (757) 929-0335 today. 

What Is Reckless Driving?

Unlike other states, Virginia has established criminal charges for individuals caught driving at certain speeds over the speed limit. Reckless driving is defined in Virginia Code § 46.2-852 as driving a vehicle on a highway recklessly or in a way that endangers the lives of others on the road. Within the context of this statute, reckless means a disregard of other drivers and an indifference for the safety of others on the road. 

According to Virginia law, if you are caught driving at 20 miles per hour or more over the speed limit or over 85 miles per hour on any roadway, you may be charged with reckless driving. There are several other actions that can result in this charge, including reckless driving due to:

• Failure to maintain control or faulty brakes
• Passing when view is obstructed
• Overloaded vehicle
• Road racing
• Passing two cars in one lane 
• Overtaking another vehicle in an intersection or at a railroad crossing
• Failure to properly signal
• Passing a stopped school bus
• Driving too fast for traffic or road conditions

What Is Careless/Improper Driving? 

Virginia Code § 46.2-869 provides for careless and improper driving, which is a traffic infraction that is used in cases where the person was initially charged with reckless driving. According to the law, at any point before a person’s trial, the court may choose to reduce the charges of reckless driving to improper driving. When this happens, the court will find the individual not guilty of reckless driving but instead guilty of careless driving. Based on this definition, all improper driving charges begin as reckless driving charges. 

Reckless Driving vs. Careless Driving: How These Two Charges Differ

While reckless driving and improper driving are closely related, these two charges are fundamentally different in several ways. Generally, the differences between reckless driving vs. careless driving can be seen in the penalties associated with each charge. The maximum penalties for reckless driving in Virginia include: 

• Six demerit points on your license
• $2,500 fine
• 6 month driver’s license suspension
• One year of jail time

The charges for improper/careless driving, on the other hand, are much less severe. The penalties for improper and careless driving in Virginia include: 

• Three demerit points on your license 
• A maximum fine of $500
• No driver’s license suspension
• No jail time
• No criminal record

The differences between a reckless driving charge and an improper driving charge can be boiled down to the classification of the offense. In Virginia, reckless driving is considered a Class 1 misdemeanor, which is the most severe misdemeanor conviction in the state. Misdemeanors are criminal offenses, meaning they carry harsher penalties compared to minor infractions. 

Improper/careless driving, on the other hand, is an infraction under Virginia law. Generally, infractions are considered petty offenses and do not create a criminal record for a person. Misdemeanor charges do create a criminal record, however, meaning employers and other entities can see your charges on a background check. 

When Does a Reckless Driving Charge Get Reduced to an Improper/Careless Driving Charge?

In Virginia, a misdemeanor reckless driving charge can be reduced to improper/careless driving infraction at any time before trial by the prosecutor in the case. A judge can also reduce the charge to improper/careless driving. It is important to note that a reckless driving charge can only be reduced in situations where “the degree of culpability is slight,” (Virginia Code § 46.2-869). 

This standard can be a bit confusing, but in essence, a slight degree of culpability means that the offense was not extremely severe. For instance, if you were going slightly above 20 miles per hour over the speed limit and if you did not cause an accident due to your speeding, your attorney may be able to argue that the degree of culpability in your case is slight. This distinction is important when it comes to reckless driving vs. careless driving and how to effectively reduce a reckless driving misdemeanor charge to an infraction.

Working with an experienced legal team can help to improve your chances of reducing a reckless driving misdemeanor to a careless driving infraction. The right attorney will be well-connected in the Virginia court system and has likely negotiated similar matters with the same prosecutors and judges presiding over your case. They will understand how to effectively advocate for you and protect your rights, ultimately ensuring that your misdemeanor is brought down to an infraction. 

How Can a Knowledgeable Attorney at Driving Defense Law Help Defend Your Rights?

If you were charged with reckless driving, you are likely worried about the consequences and unsure of where to turn for support. At Driving Defense Law, we have spent years crafting personalized defense strategies for individuals charged with reckless driving in Virginia. Through our proven approach, we have successfully reduced these charges to mere careless/improper driving infractions for countless clients. To learn more about reckless driving vs. careless driving, and how we can help defend your rights, consider contacting us at (757) 929-0335 today to book your free case evaluation.

In Virginia, a criminal citation for reckless driving is much more serious than a simple traffic ticket. Unlike other moving violations, reckless driving is a criminal offense and any person found guilty of reckless driving may be required to serve time in jail, pay heavy fines, or even face a license suspension. At Driving Defense Law, we can help navigate reckless driving charges and penalties in Virginia and ensure that your charges are reduced or dismissed entirely. To learn more about what sets us apart from other law firms, consider contacting us at (757) 929-0335 today.

What Is Reckless Driving in Virginia? 

In Virginia, individuals can be charged with reckless driving when they drive in a manner or at a speed that endangers the safety or property of another person. There are over fifteen offenses listed in Article 7 of the Code of Virginia that can result in a reckless driving charge:

• Driving a vehicle which is not under control or which has faulty brakes.
• Passing a vehicle while on a curve or when approaching the crest of a hill on a highway, unless there are two separate lanes for each direction of travel or if the road is a one-way.
• Driving with an obstructed view or when your control of the vehicle is impaired. 
• Passing two vehicles abreast on a roadway. 
• Driving shoulder-to-shoulder with another car in the same line. This does not apply to motorcycles. 
• Passing at a railroad grade crossing.
• Failing to stop for a school bus that has stopped to load or discharge children.
• Driving too fast for road or traffic conditions.
• Excessive speeding, which is defined as anything 20 miles or more over the speed limit or 85 miles per hour regardless of posted speed limit. 
• Failure to use turn signals.
• Operating a vehicle recklessly in a parking lot.
• Failing to yield right-of-way.
• Road racing.
• Aiding and abetting a road race.
• Failing to yield to or slow down when approaching stationary vehicles that are displaying flashing lights.

In addition to reckless driving, Virginia law has established charges for aggressive driving and improper/careless driving as well, which carry their own unique penalties. These offenses share some commonalities, making it important to understand the distinctions between all three charges.

What Are the Penalties for Reckless Driving? 

Reckless driving charges and penalties in Virginia are severe, and being charged with reckless driving can impact a person’s life, future, and freedom. In Virginia, reckless driving is a Class 1 misdemeanor offense, punishable by: 

• Up to one year in jail 
• $2,500 in fines
• Probation
• License suspension or revocation
• Six demerit points

A reckless driving conviction will also result in a criminal record, which will appear on background checks used for employment, housing, licensing, and other purposes. 

What Is Aggressive Driving in Virginia and What Are the Penalties?

According to Virginia Code § 46.2-868.1, aggressive driving is a lesser offense compared to reckless driving. A person can be found guilty of aggressive driving if they are caught doing any of the following: 

• Failing to drive on the right side of the highway
• Following too closely in traffic
• Failing to observe the designated lanes 
• Evading traffic control devices
• Improperly passing when overtaking a vehicle
• Stopping on the highway

Aggressive driving is considered a Class 2 misdemeanor offense, punishable by up to six months in jail, a fine of $1,000, and four demerit points on your driving record. In addition to these penalties, the court may also require those convicted of aggressive driving to complete a safe driving program. 

It should be noted that like reckless driving, aggressive driving is a misdemeanor offense, meaning being convicted of this crime will create a criminal record. Therefore, while these charges are not as severe as reckless driving charges and penalties, aggressive driving can gravely impact your ability to secure employment, rent or lease a home, gain admission to college, and take out a loan or mortgage. 

What Is Improper Driving in Virginia and What Are the Penalties? 

Improper driving, also known as careless driving, is a charge available to those who were initially charged with reckless driving. Under Virginia Code § 46.2-869, a reckless driving charge can be reduced to an improper driving charge by the prosecutor or judge as long as there is a slight degree of culpability. This means that the reckless driving offense was not exceptionally severe or egregious. 

For instance, if a person is caught speeding at 23 miles per hour over the speed limit, they can be charged with reckless driving under Virginia law. This is because the threshold for excessive speed under reckless driving laws is 20 miles per hour. Since they were only going 3 miles an hour above this threshold, their attorney may be able to negotiate their charge down to improper driving because the degree of culpability is slight. 

What Are the Possible Defenses for Reckless Driving and Aggressive Driving?

If you are charged with reckless driving or aggressive driving in Virginia, it is important to seek assistance from an experienced attorney as quickly as possible. Your attorney will review the facts of your case and create a defense strategy to reduce or dismiss your charges. At Driving Defense Law, some of the strategies that have proven successful for our clients include: 

• Proving that the officer’s radar or lidar gun reading was inaccurate. 
• Asserting that our client’s speedometer was improperly calibrated. 
• Arguing that our client’s GPS speed was lower than the officer’s radar reading.
• Claiming that our client’s conduct should be classified as improper/careless driving rather than reckless or aggressive driving.
• Contending that our client was not the person driving.
• Demonstrating that our client’s reckless or aggressive driving was a response to an emergency or to avoid colliding with another driver on the road.

How an Experienced Driving Defense Law Attorney Can Help You Avoid Reckless Driving Charges and Penalties in Virginia

If you are facing reckless driving or aggressive driving charges, you may be worried about how a conviction will affect your life and your freedom. Driving Defense Law has become the law firm of choice for drivers across Virginia Beach, Suffolk, Norfolk, Chesapeake, and Portsmouth. When you work with us, you can expect an experience that is tailored to your needs. Through our unique approach, we have successfully reduced and dismissed countless reckless driving charges and penalties in Virginia courts. For more information about how we can help or to book your free consultation, consider contacting us at (757) 929-0335 today. 

Failing to give a proper signal may seem like an innocent mistake. Unfortunately, in Virginia, misuse of a turn signal is a serious offense that can lead to reckless driving charges. Those found guilty of reckless driving in the state may face jail time, fines, and other consequences. Through a strategic legal defense, however, it is possible to defend your rights and have these charges reduced or dismissed entirely. To learn more about how the team of experienced attorneys at Driving Defense Law can help you, consider contacting our office at (757) 929-0335 today. 

What Is Reckless Driving in Virginia?

Virginia law sets forth a list of different offenses that can be charged as reckless driving in the state. All of these offenses share one similar element: endangering the life and safety of others on the road. In Virginia, there are several ways a person can be found guilty of reckless driving, including:

• Excessive speed, such as driving 20 miles per hour over the speed limit or driving 85 miles per hour or more, regardless of the posted speed limit.
• Failing to yield right-of-way and failing to slow down when approaching stationary vehicles displaying warning lights on highways
• Driving too fast for traffic and road conditions. 
• Road racing.
• Passing two vehicles abreast, passing at a railroad crossing, and passing on a curve or at the crest of a grade.
• Failing to give a proper signal.

These are merely some of the circumstances that can lead to reckless driving charges, as established by Virginia Code § 46.2-853-869. Reckless driving is a serious offense in the state and carries harsher penalties than simple traffic infractions.

What Does the Law Say About Failing to Give a Proper Signal? 

According to the Code of Virginia § 46.2-848, any driver who intends to back, stop, or turn must give signal to other drivers on the road who may be affected by their movement. This is a requirement under the law, meaning if you fail to signal your intention to move, you may receive a moving violation. Based on information found in the Virginia Driver’s Manual, you should signal at least 100 feet before you back, stop, or turn to give other drivers adequate time to respond. 

Section 46.2-860 of the Virginia Code establishes that drivers who fail to properly signal their intended movements can be found guilty of reckless driving. Regardless of whether you simply forgot to signal, did not break any other traffic laws, or did not hurt anyone as a result, you can still be charged with reckless driving if you fail to give a proper signal. 

What Are the Penalties of a Reckless Driving Charge?

Reckless driving is a Class 1 misdemeanor in Virginia, meaning that a person found guilty of reckless driving will face severe consequences that can impact their freedom greatly. In Virginia, reckless driving is punishable by: 

• One year in jail 
• $2,500 in fines
• Probation
• Suspension or revocation of your license
• 6 demerit points on your license

These stringent punishments are in addition to other consequences such as increased insurance rates, reduced employment opportunities, and the creation of a criminal record. Having a criminal record can impact several areas of your life, including your ability to secure employment, take out loans and mortgages, rent or lease an apartment, and gain admission to universities. 

While failing to give a proper signal may seem innocent, this offense carries serious penalties that can have a long-lasting impact on your life. For this reason, it is important to retain effective legal representation as soon as you are charged with reckless driving in Virginia. Without an attorney advocating for your rights, you may be left vulnerable to exorbitant penalties for a seemingly simple offense. 

What Are the Possible Legal Defenses for Reckless Driving Charges? 

Like any other charge, reckless driving is defendable through a variety of strategies. At Driving Defense Law, the approach we take to defend against your charges will depend on a range of factors, including:

• The facts of your case. Every case is different, and we will evaluate the facts of your case to determine our strategy in reducing or dismissing your charges. Did you fail to signal because you were trying to avoid colliding with another driver? It is possible that you signaled, but the officer was unable to see due to their position or poor weather conditions? Were you unaware that your signal fuses went bad? In some cases, a reckless driving charge can be reduced to an improper driving infraction, which carries a maximum penalty of $500 in fines.
• Your prior driving history. If you have a history of good driving, this may be leveraged to reduce or dismiss your charges. 
• The evidence available to support your case. We work diligently to identify and compile all relevant evidence that may support your case. If we are able to build a strong enough case supported by objective evidence, we may be able to have your charges dropped. We may use witness testimony, surveillance camera footage, or police dash cam footage to this extent. 
• Jurisdiction: the court that has authority over your case plays a major role in the outcome of your charges. We are closely familiar with the courts of Virginia Beach, Norfolk, Chesapeake, Suffolk, and Portsmouth, and have built relationships with the judges and prosecutors working in these court systems. This gives us an advantage when negotiating your charges and resolving your case as quickly and efficiently as possible. 

Having a misdemeanor conviction on your record for failing to give proper signal is unfortunate and avoidable through an effective legal defense strategy. If you are facing charges for reckless driving, consider speaking with an experienced attorney as soon as possible to mitigate the consequences of these charges and ensure that your rights are protected. 

Protect Your Rights with Driving Defense Law Today

Many Virginia drivers are not aware that failing to give proper signal on the roads is a criminal offense until it is too late. If you have been charged with reckless driving, consider contacting an experienced attorney at Driving Defense Law to begin building your legal defense. Our team has the knowledge and expertise necessary to navigate your case and successfully reduce or dismiss your charges. To learn more about how we can protect your rights, consider scheduling a free case evaluation with us at (757) 929-0335 today. 

Reckless driving is a serious offense in Virginia. Being convicted with reckless driving can lead to jail time, steep fines, and a criminal record that can stay with you for life. You may have your license suspended or revoked, and face higher insurance rates as a result of your charges. When it comes to reckless driving charges, the stakes are high. For this reason, more and more Virginia drivers are seeking effective legal representation in reckless driving cases to have their charges reduced or dismissed. 

At Driving Defense Law, we help our clients build a strong defense and protect their rights at every step of a reckless driving case. Through our representation, we have successfully resolved countless reckless driving cases by reducing the charges, negotiating a plea deal, or having the charges dismissed entirely. If you are facing reckless driving charges in Virginia, you have options to challenge these charges and avoid a criminal conviction. To learn more about how our team can help, consider connecting with us at (757) 929-0335 today. 

What Is Reckless Driving in Virginia?

Any person who drives a vehicle recklessly or in a manner that endangers the safety of others can be charged with reckless driving. Article 7 of the Code of Virginia provides for over a dozen different ways that a person can be charged with reckless driving, which include excessive speed, driving too fast for road conditions, passing a stopped school bus, road racing, and failing to use a proper signal, among others. Unlike other moving violations like minor speeding tickets, reckless driving is a Class 1 misdemeanor charge. As such, there are stringent penalties that accompany a reckless driving charge in Virginia. 

What Are the Penalties of Reckless Driving Charges? 

Broadly speaking, all criminal offenses are categorized into one of three classifications: infractions, misdemeanors, or felonies. Infractions are the least serious offenses, such as speeding tickets or failure to yield, for example. Misdemeanors are more serious than infractions but less serious than felonies. 

Reckless driving is a misdemeanor charge, meaning it carries more severe penalties than a simple speeding ticket or other traffic infraction. The maximum penalties of reckless driving charges include: 

• Up to one year in jail 
• $2,500 in fines
• Suspension or revocation of license
• Probation

Moreover, if you are convicted of reckless driving in Virginia, it will create a criminal record. Your criminal record can be seen by potential employers, creditors, and leasing agents, for instance. This underscores the gravity of these charges, as a reckless driving conviction can have a long-lasting effect on several areas of your life, from employment to housing to your ability to purchase a vehicle. 

Since misdemeanor offenses can result in jail time, those charged with reckless driving have the right to appear before a judge and a jury. With so much at stake, many people seek assistance from experienced attorneys to help navigate the trial and reduce their reckless driving charges. Ultimately, having legal representation in reckless driving cases can make all the difference in the outcome of the case. 

What Are the Benefits of Having Legal Representation in Reckless Driving Cases?

It may not be immediately obvious, but you do have options for fighting a reckless driving charge even in situations where you believe you were guilty. The first step to fighting your charges is to identify a knowledgeable attorney to represent you in court. Hiring an attorney can be the most important investment you make into your future, allowing you to avoid jail time and a criminal record. The following are some of the key advantages of having legal representation in reckless driving cases. 

Building a Strong Legal Defense 

Defending your rights in court is essential in reckless driving cases, and your attorney will work diligently to build the strongest legal defense for your case. There are a range of defenses that your attorney can use to challenge your charges, including speedometer calibration, inaccurate radar or lidar reading, and lack of probable cause, to name a few. Your attorney will review the facts of your case to choose the right legal defense strategy to have your charges reduced or dismissed altogether. 

Reducing Your Charges

Since reckless driving is a misdemeanor offense, reducing the charges to a minor infraction is integral to avoiding jail time, expensive financial penalties, and a criminal record. Negotiating your charges to a lesser offense, such as careless driving, may be helpful to this extent. Other strategies such as reaching an agreement with the police officer, attending a driver improvement clinic, or completing community service may be sufficient to having your charges reduced by the court. 

Avoiding Court Hearings

When you are charged with reckless driving in Virginia, you are required to attend a court hearing for your case. When you hire legal representation in reckless driving cases, your attorney may be able to appear in court on your behalf, ensuring that you do not need to miss work and lose wages.  

Accessing Necessary Resources

When you hire a Driving Defense Lawyer, your attorney will develop a personalized plan following your initial consultation. While our team will guide you through this process step-by-step, we are proud to offer additional resources that may be helpful to our clients. These resources include information about driver’s safety school, community service opportunities, the local court system, and other educational content to help make the process as transparent as possible. 

Speak with an Experienced Attorney at Driving Defense Law Today

If you are facing reckless driving charges, you may feel intimidated and unsure of your options. Being charged with a criminal offense is never easy, and we understand the gravity of the situation. Driving Defense Law was established to serve Virginia drivers who are facing criminal charges for reckless driving. We are dedicated to providing effective legal representation in reckless driving cases and working tirelessly to defend our clients’ rights. To begin building your legal defense today, consider calling or texting us at (757) 929-0335 to schedule your free case evaluation with our team. 

Reckless driving is considered a serious criminal offense in Virginia, punishable by jail time, steep fines, and other long-lasting consequences. If you have been charged with reckless driving in Virginia, there are options available to protect your rights and reduce or dismiss your charges. At Driving Defense Law, we advocate for Virginia drivers who have been charged with reckless driving. Our team of experienced attorneys understand how to leverage proven defense strategies to successfully resolve your reckless driving charges. To learn more, consider contacting our office at (757) 929-0335 today. 

What Are the Reckless Driving Laws in Virginia?

While the majority of states have reckless driving laws to hold drivers’ liable for aggressive behavior on the roadways and disregard of others’ safety, Virginia’s laws vary in several ways. In Virginia, there are over fifteen different ways that a person can be found guilty of reckless driving, including speeding. If you are driving on Virginia roads, it is important to understand what behaviors can result in a reckless driving charge in the state. When it comes to the reckless driving laws in Virginia, here is what you should know. 

Reckless Driving & The Virginia Code

According to the Virginia Code § 46.2-852, in general, a person can be charged with reckless driving when they drive a vehicle in a manner that endangers the life, limb, or property of another individual. As this is a vague standard, Virginia law provides for several actions that can lead to reckless driving charges in Virginia Code § 46.2-853-869: 

• Operating a vehicle which is not properly controlled, or which has inadequate brakes. 
• Overtaking another vehicle on a curve or when approaching the steepest point of an inclined road on a highway, except when there are two designated lanes for each direction of travel or on a designated one-way road or highway.
• Driving a vehicle with an obstructed view or impaired control.
• Passing two vehicles that are driving side-by-side on a roadway. This does not apply if one or both of the vehicles is a bicycle or moped.
• Driving your vehicle side-by-side with another car in the same lane. Also known as driving two abreast in a single lane, it is illegal to share a single lane side-by-side with another vehicle. This does not apply to motorcycles. 
• Overtaking within a railroad grade crossing.
• Failing to stop for a stopped school bus. According to Virginia law, drivers must stop when approaching a school bus that is stopped to load or unload passengers, and failing to do so can be charged as reckless driving.
• Improper use of turn signals. Failing to give timely and adequate turn signals is a criminal offense in Virginia.
• Driving too fast for road or traffic conditions.
• Failing to yield to or slow down when approaching stationary vehicles that are displaying flashing lights.
• Speeding in an excess of 20 miles per hour over the speed limit or speeding at 85 miles per hour, regardless of speed limit.
• Failing to yield right-of-way.
• Operating a vehicle in a way that endangers others in a parking lot.
• Engaging in a road race on any highway, roadway, or driveway that is open to the public.
• Aiding and abetting a race.

Clearly, there are a multitude of circumstances that constitute reckless driving in Virginia. Those found guilty of reckless driving face serious consequences, as this charge is considered a criminal offense in the state. This underscores the importance of understanding how reckless driving is handled in Virginia and how to successfully challenge these charges. 

What Are the Consequences of Reckless Driving in Virginia? 

Reckless driving is a class 1 misdemeanor in Virginia, meaning it carries more severe penalties compared to a minor traffic infraction. If you are found guilty of reckless driving, you may face the following consequences: 

• One year in jail 
• $2,500 in fines
• License suspension or revocation
• Probation
• Six demerit points on your license
• Increased insurance rates
• Creation of a criminal record

The court will look at the nature of the crime when determining penalties for a reckless driving charge. For instance, Virginia Code § 46.2-861.1 sets forth the penalties for failing to yield right-of-way or reduce speed when approaching a stationary vehicle. If your reckless driving caused damage to the property of another person, you may not be able to operate a vehicle for up to one year. Moreover, according to Virginia Code § 46.2-865.1, if you injured another person or caused the death of another while engaging in a race, you may be charged with a felony. 

How Can You Defend Against a Reckless Driving Charge in Virginia?

If you were charged with reckless driving in Virginia, it is important to seek effective legal representation as soon as possible. Since reckless driving is a misdemeanor offense, a tailored legal strategy must be crafted to defend your rights and reduce your charges. Depending on the unique circumstances of your case, an experienced attorney at Driving Defense Law may be able to reduce your reckless driving misdemeanor to a mere infraction for careless driving. 

This is an ideal scenario for those facing reckless driving charges, as careless driving is punishable by a fine of no more than $500. In other words, if your attorney is able to negotiate your charge down to a careless driving infraction, you can avoid jail time, a criminal record, and the other consequences of a class 1 misdemeanor offense. 

Your attorney may also be able to reduce your charges through plea bargaining, which involves negotiating an agreement with the court. For instance, the court may agree to reduce your charges as long as you agree to complete driver’s safety school or community service. 

Finally, your attorney may be able to effectively dismiss the charges altogether by asserting that your speedometer was not correctly calibrated, that the police radar or lidar gun produced an inaccurate reading, or that the validity of stop was questionable. 

How Can an Experienced Attorney at Driving Defense Law Help Reduce or Dismiss Your Reckless Driving Charges?

Reckless driving in Virginia is a serious crime, it is important to act quickly to begin building your legal defense. Having a misdemeanor charge on your criminal record can have a detrimental impact on your life, your freedom, and your ability to secure employment or housing in the future. An experienced attorney at Driving Defense Law will thoroughly review your case, determine the right solution to reduce or dismiss your charges, and guide you through every step of the process. To begin your free case evaluation with our team, consider contacting us at (757) 929-0335 today. 

In Virginia, criminal citations for reckless driving are far more serious than a simple traffic ticket. Reckless driving, unlike other traffic violations, is a criminal offense in the state of Virginia. Individuals who are convicted of reckless driving can face jail time, steep fines, license suspension, and other consequences that impact their life, their finances, and their freedom. For this reason, more and more Virginia drivers are turning to experienced attorneys to craft a reckless driving defense strategy that reduces or dismisses the charge entirely. 

As the law firm of choice among Virginia drivers, Driving Defense Law was established to protect the rights of those charged with reckless driving. If you are facing reckless driving charges, do not plead guilty! A conviction for reckless driving will stay on your criminal record for life, underscoring the importance of fighting your charges. Our team of experienced attorneys have successfully reduced and dismissed reckless driving charges for countless clients. To learn more about how we can help, consider contacting us at (757) 929-0335 today. 

What Is Reckless Driving?

Generally, reckless driving is a legal term used to refer to driving that is aggressive in nature and willfully disregards the safety of others. According to Virginia Code § 46.2-852, any person who drives a vehicle recklessly or at a speed that endangers the safety or property of another person may be found guilty of reckless driving. Virginia law has several different articles related to reckless driving and categorizes a range of conduct as reckless driving under the law. 

What Are the Reckless Driving Charges in Virginia?

In Virginia, reckless driving is a class 1 misdemeanor offense. This means that while reckless driving is considered a violation of the Code of Motor Vehicles, it is a criminal charge punishable by jail time, fines, and other penalties. Reckless driving charges are not the same as minor traffic tickets. A traffic ticket is classified as an infraction, meaning it is considered a less severe violation of the law. 

Virginia’s reckless driving laws are stringent and provide for many different circumstances in which a person can be charged with this moving violation. In fact, there are over fifteen different reckless driving charges listed in Article 7 of the Virginia Code. Understanding these different charges is key to developing an effective reckless driving defense for your case. The following include the most common reckless driving charges in Virginia and examples of conduct that may land you a reckless driving charge in the state. 

Exceeding the Speed Limit

Virginia is one of the few states that has established reckless driving charges for speeding. This can be confusing to many people, as drivers who are caught speeding are typically issued a mere speeding ticket. Whether a driver receives a speeding ticket or is charged with reckless driving, however, depends on the nature of the violation. Drivers going anywhere between 1 and 19 miles per hour above the speed limit will generally be issued a speeding ticket. Drivers going 20 miles an hour or more above the speed limit, on the other hand, will be charged with reckless driving. 

Under § 46.2-862 of the Virginia Code, a person who drives a motor vehicle on the highway at a speed of 20 miles per hour or more in excess of the speed limit will face reckless driving charges. The same is true of any person who drives 85 miles per hour or more on any road in the state, regardless of the posted speed limit. This means that if you are driving at 85 miles per hour on a Virginia interstate – which typically has a speed limit of 70 – you will be charged with reckless driving even though you are not driving 20 miles per hour in excess of the speed limit.

Driving Too Fast for Traffic or Road Conditions

Virginia Code § 46.2-861 makes it a criminal offense to exceed a reasonable speed under the circumstances and traffic conditions at a given time, regardless of the posted speed limit. This may leave you wondering what it means to exceed a “reasonable speed.” If so, this is intentional, as the law was written to be vague and open to interpretation. Essentially, drivers are expected to adapt to road conditions and drive at a safe speed for those conditions. 

Weather conditions are a key factor here, as driving too fast in rain, sleet, or snow can be dangerous and lead to a reckless driving charge under this section of Virginia law. Poor weather can impact visibility and the ability to turn, maneuver, or stop your vehicle. The law expects that drivers will act prudently in these conditions and slow their speed to account for poor conditions. 

Traffic and road conditions are also important considerations for drivers. While driving the speed limit is entirely reasonable when the highways are clear, it is entirely not possible to do so in high traffic. Many drivers find trouble with law enforcement when traffic is congested, but not stop-and-go. This in-between zone can lead a person to travel at speeds that may be considered “unreasonable” under the law.

Road Racing

Road racing is defined in Virginia Code § 46.2-865, which states that any individual who engages in a road race between two or more vehicles on any Virginia highway or public premises can be charged with reckless driving. You can also be charged with reckless driving for aiding or abetting a road race. 

Road racing and reckless driving charges are taken seriously in Virginia, and those charged with road racing will have their license suspended for at least six months if convicted of this crime.The penalties of road racing become much more severe if another person was injured or killed. In these situations, the person will be charged with a felony offense punishable by up to 20 years in jail and harsh fines. 

There are several different reckless driving defense strategies that can be used in road racing cases. Typically, officers must infer that a driver is engaging in a race based on their conduct. This leaves the opportunity to argue that you were not racing but instead driving at excessive speed or another similar charge. Proving that a driver was road racing is not straightforward, which is beneficial to crafting an effective defense. 

Failing to Give a Proper Signal

According to Virginia Code § 46.2-860, drivers who fail to give a proper signal before turning, slowing down, or stopping may be charged with reckless driving. Failing to give a proper signal may seem like a minor violation, but the Virginia courts take this offense seriously. Simply forgetting to give a signal in a timely manner due to other considerations on the road or unknowingly driving a vehicle with a damaged or burned-out bulb can both lead to reckless driving charges. Unfortunately, many Virginia drivers are not aware of the severity of this offense until it is too late. 

Illegal Passing or Overtaking

Virginia’s reckless driving laws establish several different articles about illegal passing or overtaking on the roadways. For instance, Virginia Code § 46.2-854 makes it a crime to overtake another vehicle on a curve or at the crest of a grade – which refers to the steepest part of an inclined road. Likewise, § 46.2-856 makes it illegal to pass two vehicles abreast, moving in the same direction. 

Under § 46.2-858, drivers cannot pass another vehicle at a railroad crossing or at the intersection of highways, unless the road has two or more designated lanes for each direction of travel. Finally, Virginia Code § 46.2-859 criminalizes passing a school bus that has stopped to load or unload children or adults. 

For more insight on examples of reckless driving examples in Virginia, consider speaking with an experienced attorney at Driving Defense Law. If you have been charged with reckless driving, it is essential to understand your charges, the penalties of reckless driving in the state, and all potential reckless driving defense strategies available in your case. 

What Are the Consequences of Reckless Driving in Virginia? 

Reckless driving charges and penalties in Virginia are severe, and the consequences of being convicted of reckless driving can be long-lasting. As mentioned, reckless driving is a class 1 misdemeanor offense, carrying much harsher penalties than a simple speeding ticket or traffic violation. If you are charged with reckless driving in Virginia, you may face the following penalties: 

• Up to one year in jail 
• $2,500 in fines
• License suspension or revocation 
• 6 demerit points on your driving record

The consequences of a reckless driving conviction extend far beyond these legal penalties, however. In addition to jail time, steep fines, license suspension, and points on your license, those convicted of reckless driving in Virginia will have a criminal record that may make it difficult to secure employment, take out a loan, or find housing. Regardless of whether you have only been convicted of a first-time offense, your criminal record will stay with you forever. 

Being charged with reckless driving may also face long-term financial consequences. If you are convicted of reckless driving, you will accrue 6 demerit points on your license. These points will remain on your driving record for 11 years. Insurance companies will look at your driving record to determine your insurance rates, and a reckless driving conviction can greatly increase the amount you pay per month for car insurance. 

I Have Been Charged with Reckless Driving. What Are My Next Steps?

If you have been charged with reckless driving, do not plead guilty to your charges. When you plead guilty to charges without defending your case in court, you are not only immediately accepting all the consequences, but you are forgoing your Constitutional right to present a complete reckless driving defense. In many cases, reckless driving charges can be reduced or dismissed altogether when you present an effective defense in court. Pleading guilty to your charges means you are waiving this opportunity. 

After being charged with reckless driving, there are several steps that you can take to maximize the likelihood of having your charges reduced or dropped. While our team believes that a tailored, personalized plan is the most effective way out of reckless driving charges, all cases follow the same broad framework. When you are charged with reckless driving, the following four steps may be crucial to ensuring a favorable outcome for your case. 

Step 1: Review the Charges

You may be surprised to learn how many people do not fully understand their charges. It is not uncommon for Virginia drivers to assume that all traffic violations result in simple tickets that can be paid and forgotten about. Too many drivers do not understand the full implications of their charges. The first step to protecting your rights is to understand why you were charged with reckless driving. 

Your reckless driving charge will look like a typical traffic citation at first. On this citation, the police officer will list the law section and describe the charges that have been brought against you by the state. In the law section, the officer will list “46.2-862,” which refers to reckless driving by speed code section. Alternatively, look for the words reckless driving or its abbreviation “RD.” 

Then, check the officer’s description of your charge. The officer may list the specific offense that you have been accused of, such as excessive speed, road racing, or failing to give a proper signal, or they may cite reckless driving in general. Regardless, once you are sure that you have been charged with reckless driving and fully understand these charges, you may proceed to the next step. If you have been issued a traffic ticket instead, consider reviewing our comprehensive traffic ticket defense guide for further insight into your next steps.

Step 2: Find Effective Legal Representation for Your Case

If you have been charged with reckless driving, you may be required to attend a court hearing to review your charges. By default, you will be required to appear in court because reckless driving is a misdemeanor charge. In some situations, a hearing (called an arraignment) is held. During this hearing, a judge will explain that you are facing criminal charges and have the right to an attorney. On the other hand, if your case is not set for arraignment, the case will be immediately scheduled for trial instead. 

It is important to note that if you fail to appear in court, you may face further criminal charges. In some cases, the judge may even issue a show cause warrant for your arrest. When a warrant is issued, the police are permitted to arrest you at any time. As such, it is important to find effective legal representation as quickly as possible after being charged with reckless driving. Your attorney will be able to represent you at all court proceedings and protect your rights at every step of the process.  

Choosing to represent yourself can have serious long-term consequences and negatively impact the outcome of your case. With effective legal representation by your side, you can ensure that measures have been taken to control the narrative of your case. Your attorney will painstakingly review the details of your case to craft a defense strategy rooted in experience and expertise. 

When selecting a lawyer to represent your case, it can be helpful to consider their record of success, the mission of the law firm, and how comfortable you feel with the attorney. How will the lawyer communicate with you about your case? Do they have experience handling cases similar to yours? What potential solutions do they have to reduce or dismiss your charges? Does the attorney listen to your needs and understand the seriousness of your situation? 

Step 3: Empower Yourself with an Effective Reckless Driving Defense 

Once you have identified effective legal representation for your case, it is time to get to work. The only way to have your charges reduced or dismissed in court is with a well-crafted legal defense. At Driving Defense Law, we will tailor a plan that suits the unique circumstances of your case. Some of the strategies that have proven successful in reducing and dismissing reckless driving charges for our clients include:

• Negotiating the charges down to improper/careless driving. One of the most effective defense strategies is negotiating a reckless driving misdemeanor charge down to a careless driving infraction. Reckless driving charges can be reduced to careless driving by the court at any time, as long as your attorney understands how to navigate this process.  
• Asserting that the police officer’s radar or lidar gun reading was inaccurate. Law enforcement is legally required to recalibrate their radar and lidar guns every six months. Police officers must also receive adequate training to use these tools to accurately detect speed. If the device that was used to capture your speed was not calibrated or if the police officer did not receive proper training, your attorney can use this to your advantage. 
• Leveraging your history of safe driving. If you have no prior traffic violations on your record, your attorney can use this to have your charges reduced or dismissed. Moreover, it is often possible to reach an agreement with the court that your charges will be dropped upon completion of driver’s safety school or community service. To successfully leverage this strategy, your attorney must be a zealous negotiator and well-connected in the Virginia courts. Fortunately, this is a common tactic we successfully use at Driving Defense Law. 
• Claiming that you were not the driver of the vehicle. The foundation of this defense is simple: if there is no definitive proof that you committed a crime, then it could be possible that the officer targeted the incorrect vehicle. In some situations, your attorney may argue that you were not the driver of the vehicle and therefore not guilty of reckless driving. 
• Showing that there is not enough evidence to convict you of reckless driving. Proving that the case lacks sufficient evidence can be particularly effective in reckless driving cases. You cannot be convicted of a crime if there is no definitive evidence that proves your behavior rose to the level of reckless. Furthermore, it is also possible to challenge the credibility of the evidence presented by the prosecution. Your attorney may be able to pull dash cam footage, street surveillance camera footage, or other evidentiary sources to support your case.

Ultimately, your attorney can provide a clearer understanding of how these defense strategies can work to your advantage depending on the facts of your case. Above all, the defense strategy that you employ for your case will depend entirely on the unique circumstances of your case. With the right strategy, it is entirely possible to challenge your reckless driving charges and win your case. 

Step 4: Win Your Case

Perhaps the most satisfying part of beating a reckless driving charge is the sense of relief you will feel when the charges have been reduced or dropped. At Driving Defense Law, winning your case is our favorite part of the process. If our team is successful in having your charges reduced or dismissed, you will avoid jail time and the creation of a criminal record. In some cases, you can avoid accruing demerit points on your driving record altogether, thus ensuring that your insurance rates are not impacted. 

Beat Your Reckless Driving Charge with Our Team of Experienced Reckless Driving Defense Lawyers

Reckless driving is a serious criminal offense in Virginia, and being convicted of this crime can have life-altering consequences. If you are facing reckless driving charges, you are also facing potential jail time, a criminal record, and points on your license that last for over a decade. With so much at stake, defending your rights in court is essential. 

At Driving Defense Law, we work closely with Virginia drivers who have been charged with reckless driving. Leveraging our unique approach and years of experience navigating the local Virginia courts, we have successfully crafted reckless driving defense strategies to reduce and dismiss our clients’ charges. To get started, consider booking your free consultation with our team at (757) 929-0335 today.