July 12, 2022

How to Reduce Reckless Driving to Improper 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.

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