A Strong Defense For Reckless Driving
If you are facing a reckless driving charge in southwest Virginia, including Roanoke, Botetourt, or Montgomery County, call Miller & Webb, LLP, at 540-627-5131. We represent Virginia residents, out-of-state drivers, tractor-trailers and professional drivers, college students, and everyone in between. The initial consultation is free and confidential.
If You Drove Too Fast, We Can Help
The most common type of reckless driving in Virginia is a “Reckless Driving by speed” charge under Virginia Code 46.2-862. Police often write reckless driving tickets for speeding 81+ mph or 20+ mph over the speed limit.
We have been successful at reducing such criminal charges down to noncriminal moving violations. Our clients have avoided permanent criminal records, jail time, and losing their license (or for out-of-state-residents the ability to drive through Virginia). In addition, such a break drastically lowered the fine his clients have had to pay and can lower the demerit points put on their driving record.
We can usually handle the reckless driving by speed charges ourselves. Despite signing a promise to appear in court, many clients do not actually have to come if they are represented by counsel. This was very important for clients living far from the courthouse, especially those living in another state or those who do not want to miss work or school. Depending on the speed and the client’s mitigation efforts, we have been able to get reckless driving by speed charges dismissed completely.
If You Had An Accident, We Can Help
Police officers can charge you with reckless driving generally if the officer believes you are operating your vehicle on a public road in a way that could put another’s life or property in danger. You can also be charged with reckless driving for driving recklessly in a parking lot, “racing” another vehicle, passing a stopped school bus letting off children, or having defective brakes.
When the police respond to an accident – even a single-vehicle accident where nobody was hurt – many police officers’ first reaction is to charge Reckless Driving under Virginia Code 46.2-852 (or a similar code section. Beware that what you tell the responding police officer about the accident can be used against you. However, keep in mind that the government has to prove beyond a reasonable doubt that you drove “recklessly… or in a manner as to endanger the life, limb, or property of any person.”
We have had success getting reckless driving charges reduced to improper driving, a non-criminal moving violation, or completely dismissed, due to weak evidence of recklessness. Also, if you reacted to a sudden emergency, like a deer crossing the highway or a blown tire, that too can justify a reduction or dismissal of the charge.
Just as with reckless driving by speed charges, we can often resolve reckless driving charges arising from an accident without you ever having to come to court.
Answering Common Questions About Virginia Reckless Driving Charges
Reckless driving can lead to serious consequences, and being accused of this offense may leave you uncertain about the future. What questions do people often ask when accused of reckless driving?
What should I do if I face reckless driving charges in Virginia?
You need to take reckless driving charges seriously because they can lead to heavy fines, points on your driving record and possibly jail time.
First, you should talk to a lawyer who knows about traffic laws. They can explain your charges, what defenses you might have, and what could happen in court. It is also important to keep any evidence that could help you, like dashcam videos or witness statements.
Can I get a reckless driving charge removed from my record in Virginia?
Virginia only lets you clear your record if the court finds you not guilty or if the prosecution drops the charges. If the court finds you guilty or you plead guilty, you usually cannot get the charge removed. A conviction will stay on your criminal and driving records.
If you are uncertain whether you qualify for expungement, it is a good idea to talk to a lawyer who can give you advice based on your situation.
Can a reckless driving conviction raise my insurance rates?
Yes, it can. Insurance companies may think of you as a high-risk driver with a reckless driving charge on your record. This can make your insurance costs go up because they think it is riskier to insure you. How much more you will have to pay depends on your driving record, the details of the incident and your insurance company’s rules. Sometimes, this increase in your rates can last for many years.
If I lose my license for reckless driving, can I get a restricted license to drive to work?
In Virginia, you might be able to get a restricted license if your regular license is suspended because of a reckless driving conviction. This kind of license lets you drive to important places like work, school, or doctor’s appointments. Whether you can get this license depends on your case.
You will need to ask the court for this license and show why you need it. You may also have to meet certain requirements, like taking a driving course or installing an ignition interlock device.
The Serious Criminal And Financial Consequences Of Reckless Driving
Most people are shocked to learn that in Virginia, reckless driving is a crime. It is not merely a traffic infraction. Being convicted of reckless driving will mean that you will have a permanent criminal record. Your automobile insurance premium will likely increase. A conviction could seriously hurt your applications to college, grad school or employment. And it could prevent you from being promoted or even get you fired from your job.
The maximum penalties for a reckless driving conviction are:
- A 12-month jail sentence. In many jurisdictions, an active jail sentence is likely for driving 90+ mph. It is practically guaranteed to drive 100+ mph.
- A six-month license suspension
- A $2500 fine
- 6 demerit points in Virginia on your driving history
- Following a Reckless Driving conviction, your auto insurance premium will likely become even more expensive.
Call An Experienced Defense Lawyer
We will do everything in our power to protect your rights and guide you through the criminal process.
Call us now at 540-627-5131 or send us an email to schedule your free consultation.