Reckless Driving Attorney in Virginia

What is Considered Reckless Driving in Virginia?

Virginia considers several infractions of reckless driving. Some violations are more evident than others. More common VA reckless driving charges include speeding over 80 mph, speeding 20 miles per hour over the speed limit, street racing, and driving too fast for the current highway and traffic conditions.

That last violation seems like it would be a little arbitrary, and it is. Under Virginia Code § 46.2-852, reckless driving is defined as:

“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.”

The wording of this statute allows for a catch-all: If your driving does not fit into a specified category, law enforcement officers can still arrest you or give you a reckless driving ticket if they think it was warranted. In many situations, whether you are charged or given a reckless driving ticket in Virginia depends on the specific law enforcement officer who pulled you over.

Other behaviors that are considered reckless driving in Virginia include:

• Driving a motor vehicle with faulty or improperly adjusted brakes
• Unlawfully passing a stopped school bus
• Failing to give adequate and timely signals when turning, slowing down, or stopping
• Passing or attempting to pass two vehicles abreast
• Overtaking or passing any other vehicle proceeding in the same direction at any highways or railroad crossing intersection
• Aggressive driving

For a complete list of what might be considered Virginia reckless driving, visit the Virginia DMV’s website or reach out to an attorney.

What Is Aggressive Driving?

Aggressive driving is a little different than plain old reckless driving. Reckless driving deals with how you drive; Aggressive driving deals with your intent when you drive.

Essentially, if you drive the way a cop thinks you intended to harass, injure, obstruct, intimidate, or interfere with other drivers, not just the way you were driving, you can be charged with aggressive driving.

Suppose you’re pulled over for aggressive driving. In that case, the officer will look at factors like your speed, weaving, tailgating, passing illegally or without enough room between vehicles, driving outside your designated lanes of travel, failing to yield the right of way, and making rude hand gestures or using your vehicle as a weapon.

In most cases, law enforcement will give more leeway to drivers who display aggressive behavior when it is an accident, such as not yielding to other cars in a crowded parking lot and causing a collision.

However, if you were acting intentionally, an experienced attorney can help you fight the charge.

How Do I Get a Reckless Driving Ticket Reduced in Virginia?

There are many ways that the charges on your reckless driving ticket may be reduced or possibly dismissed. Having an attorney is often beneficial because they will be well-versed in the laws of Virginia.

If pleading guilty or no contest is your only option, you can request to take a driving safety course. If you complete this course, your charge will be reduced to improper driving.

You may also request that your reckless driving ticket be non-recorded, which means that it won’t show up on your criminal record. However, this is only possible in certain circumstances and may not be available to you if you have many traffic infractions.

Without proper representation, reckless driving citations could be costly. The fines will continue to build up with each additional infraction. You may also have points added to your driver’s license and could lose your driving privileges.

What Is the Penalty for Reckless Driving in Virginia?

Reckless driving is not only a traffic infraction — under the Code of Virginia § 46.2-868, but it is also a Class 1 misdemeanor. However, this does not mean that Virginia’s reckless driving is not a serious charge. This means that if you are convicted of reckless driving in Virginia, you will have a criminal record, and you may face hefty fines and jail time.

A Class 1 misdemeanor is the most severe misdemeanor charge in Virginia, and a conviction can have lasting impacts on your future. Additionally, because reckless driving is a criminal charge and will appear on your criminal record, a conviction could impact your ability to get certain jobs or rent in certain places.

If someone is killed due to your reckless driving, you could be charged with a Class 6 felony. A conviction could result in imprisonment for up to 20 years, in addition to your suspended license for up to 3 years. If your license was suspended or revoked when you were caught driving recklessly, you could also be charged with a Class 6 felony.

This is why you must consult an experienced criminal defense lawyer if you face reckless driving charges in Virginia.

Virginia Reckless Driving Fines

If you are found guilty of reckless driving in Virginia, you may face up to 12 months of jail time and a fine of up to $2,500. But, if you were convicted of felony reckless driving, you could spend up to five years in prison and pay a fine of up to $2,500.

Virginia Reckless Driving Fine

Depending on the circumstances of your case, these penalties may not be the end of your worries.

Bear in mind that if someone is killed because of a drag race, the individual guilty of reckless driving could face serious consequences. Virginia traffic law mandates that, in this case, a penalty can rise up to 20 years in prison, while a mandatory minimum is one year served. The convicted driver can also face a suspended license for one to three years.

Reaching out to a trusted criminal defense attorney can help mitigate these potential impacts.

Those who hold a commercial driver’s license, or CDL, may face additional and harsher penalties. There are federal repercussions that result from “serious driving violations” convictions, reckless driving included, and punishments from the State of Virginia.

In this case, the punishments are the same. If you are convicted of a serious driving violation twice in three years, your CDL could be suspended for 60 days. If you are convicted of a severe third driving violation in those three years, your CDL could be suspended for 120 days.

Losing your CDL could severely impact your job and your life. If you hold a CDL and face a serious moving violation charge, like reckless driving in Virginia, be sure to get in touch with an attorney immediately.

Virginia Reckless Driving First Offense

Although reckless driving charges are always taken seriously in Virginia, first-time reckless driving offenders often get special consideration due to their lack of previous offenses. However, it’s essential to keep in mind that previous speeding tickets and driving infractions, even those not considered criminal offenses, may be taken into account by prosecutors to raise your charges.

Some additional factors that could impact the outcome of your first offense reckless driving case include:

• Where the offense occurred
• How fast you were going
• The circumstances behind your reckless driving violation
• The weight and admissibility of the evidence against you
• Your DMV driving history
• The mitigation that you do between the alleged offense date and your court date (for example, the best driving courses, community service, a speedometer calibration test, etc.)

A second or third reckless driving charge may also lead to stiffer penalties, so it’s always best to prevent having that first one on your record.

Consulting a lawyer about your specific case elements can help you better determine what to expect when facing reckless driving charges and lower your charges to the fullest extent possible.

Proven Defense Strategies for Virginia Reckless Driving Cases

Experienced virginia reckless driving lawyers employ multiple defense strategies to protect clients from harsh penalties and preserve their driving record. The most effective approach depends on the specific circumstances of your reckless driving case and the evidence presented.

Challenging Speed Detection Equipment

Radar and LIDAR calibration issues represent a cornerstone defense strategy. Virginia law requires that speed detection devices undergo regular calibration testing, and officers must follow specific protocols during traffic stops. Your attorney can request calibration records and challenge improper procedures that may have led to inaccurate speed readings.

Questioning Officer Training and Procedures

Police officers must complete specialized training to operate speed detection equipment properly. Challenging an officer’s qualifications or demonstrating procedural violations during the traffic stop can significantly impact your case. This strategy proves particularly effective when officers fail to maintain proper distance requirements or operate equipment outside manufacturer specifications.

Medical Emergency Defense

Virginia courts recognize medical emergencies as legitimate defenses for reckless driving offenses. If you exceeded the posted speed limit or drove on the highway recklessly due to a genuine medical emergency, documentation from healthcare providers can support this defense strategy.

Speedometer Calibration Defense

Faulty speedometer readings can lead to unintentional speeding violations. Having your vehicle’s speedometer professionally calibrated can demonstrate that you reasonably believed you were driving within legal limits. This defense works especially well for excessive speeding cases where drivers genuinely thought they were following traffic laws.

Mechanical Failure Arguments

Sudden mechanical issues like faulty brakes or steering problems can cause dangerous driving situations. Documentation proving that your vehicle experienced unexpected mechanical failure may justify actions that would otherwise constitute reckless driving under virginia law.

Necessity Defense

Courts may consider necessity defenses when drivers had no reasonable alternative but to drive recklessly. Examples include avoiding accidents, escaping dangerous situations, or preventing greater harm to others on the road.

Administrative Errors and Technicalities

Virginia reckless driving penalties can be avoided through careful examination of citation details. Incorrect information on tickets, improper court filings, or missed procedural deadlines can result in case dismissals. Experienced attorneys scrutinize every document for potential errors.

Character Evidence and Mitigation

Presenting evidence of your clean virginia driving record, completion of driving safety courses, or community service demonstrates responsibility to the court. First-time offenders often benefit from this strategy, especially when combined with proactive steps taken before the court date.

Can Reckless Driving Charges in Virginia Be Reduced or Dismissed?

In Virginia, reckless driving charges, which carry significant penalties under Virginia reckless driving law, can sometimes be reduced or dismissed. This possibility often depends on the circumstances, such as the driver’s history of traffic violations, the specific nature of the offense, such as excessive speed, and the discretion of the general district court.

A skilled attorney can negotiate with the prosecuting attorney or persuade the judge or police officer of mitigating factors. Successfully reducing charges can prevent the addition of a permanent criminal record, which reckless driving carries, thereby avoiding the severe impact on one’s criminal records and potential future penalties for reckless drivers.

Contact a Virginia Reckless Driving Lawyer Today

An experienced traffic lawyer can often get a Virginia reckless driving charge reduced to a traffic infraction that does not constitute a criminal conviction while appearing on your driving record.

With the help of a skilled attorney, a reckless driving charge could be reduced to “improper driving,” a speeding or other moving violation, or in some cases, a simple equipment violation. Besides not showing up on your criminal record, these violations come with less severe penalties.

Negotiating a favorable deal with the prosecutor is usually the first line of defense in reckless driving cases. Failing that, trying the case, or convincing the judge to reduce the charge is a defendant’s last hope. Having an experienced attorney who knows how to lobby on your behalf effectively could be the difference between a criminal conviction and a finable traffic infraction.

Factors that could convince a prosecutor or judge to reduce a charge include a clean driving record or a driver education course. Again, discussing these options with an experienced attorney is your best protection.

Like any criminal charge, a reckless driving charge should be taken more seriously than a run-of-the-mill speeding ticket.

To best protect yourself from severe punishment, having an experienced attorney on your side is a must. Gretchen T. Pousson and Matthew Kensky of Scrofano Law PC have over a decade of experience defending clients in Virginia courts and have successfully handled hundreds of reckless driving charges.

Gretchen and Matthew have built professional relationships with the prosecutors and judges of Alexandria, Arlington, and Fairfax counties and will tailor the best possible defense for you in any given situation. If you are worried about your court date, do not hesitate to contact our attorneys immediately.