VIRGINIA RECKLESS DRIVING LAWYER (46.2-862)

Let us fight your reckless driving ticket in court, defend your legal rights and your driving record. Our experienced Virginia reckless driving lawyer has defended all type of reckless driving tickets in the courts of Virginia.

read below what penalties can a judge rule on your reckless driving charge

What is Reckless Driving In Virginia by Speed? Explained by Virginia Reckless Driving Lawyer: 

The most common reckless driving charge in Fairfax County Virginia is reckless driving by speed (VA Code 46.2-862).

This is driving twenty miles over the speed limit or driving more than eighty miles per hour regardless of the speed limit. 

It is very common for people to speed up without paying attention and find themselves charged with reckless driving.

You do not want this traffic ticket to be hanging over your head without having the opportunity to defend yourself correctly.

Contact our experienced Virginia reckless driving lawyer as soon as possible to discuss the best defense strategies for your defense.  

What is Considered Reckless Driving In Virginia by Endangering Life And Property (General Reckless Driving 46.2-852)?

Another very common traffic charge in Virginia is General Reckless Driving (VA Code 46.2-852).

If the police officer observes you driving in a manner that could endanger someone’s life or property, then the police officer can charge you with general reckless driving.

A police officer may charge you under this statute if you are driving at a high rate of speed and the police officer could not lock your speed accurately.

Often, police officers in Fairfax County Virginia may charge you when you are involved in a car accident even though this officer did not witness the accident.

Reckless driving by endangering life and property is vague and based at the police officer’s discretion, so it is important to contact an experienced Virginia reckless driving lawyer to make sure to protect your driving legal rights in Virginia.

List of The Different Reckless Driving Ticket Violations in Virginia

Alcohol-Related Reckless Driving “Wet Reckless Driving”

Another example of general reckless driving is that when a police officer suspects alcohol on you during the traffic stop. If after conducting a field sobriety test, the officer feels that there is not enough evidence for a DWI charge, the officer may charge you with General Reckless Driving, Alcohol-Related.

There is no code section in Virginia for the Alcohol-Related Reckless Driving “Wet Reckless” it goes under the same General Reckless Driving VA Code 46.2-852.

If you are convicted of alcohol-related reckless driving, the prosecutor in the court might require you to attend the Alcohol Safety Program (ASAP) and may suspend your privileges to drive for up to six months.

Your Virginia reckless driving lawyer will be able to advise you of your options when you are facing this charge.

Reckless Driving Improper Control or Faulty Brakes

This type of reckless driving ticket is commonly charged when there is an accident, either one car or a multiple car accident. (VA Code 46.2-853).

Again this is another vague charge that the police officer may not have sufficient evidence for a conviction.

Talk to your Fairfax County Virginia reckless driving lawyer if you are charged with this type of reckless driving to advise you on how to beat this traffic ticket charge.

For each of these Reckless Driving Charges, the officer has to prove the elements of these serious offenses beyond a reasonable doubt. 

If you are convicted of these charges, you may be facing a driver’s license suspension, a high fine, and a possibility of active or suspended jail time for up to 12 months.

Reckless driving is a serious offense that can also lead to suspended driving privileges in Virginia.

Contact an experienced Virginia reckless driving lawyer immediately if you got a charge of Reckless Driving under any of this category.

Texting While Driving VA Code 46.2-1078.1:

If you are convicted of Reckless Driving and Texting While Driving, you are facing a mandatory minimum fine of $250 in addition to any other penalties as provided by the Virginia law.

If you are driving your vehicle at high speed or in a manner that endangers someone’s life or property while texting, you will be facing a Reckless Driving charge.

There are many elements that the officer must prove before you can be convicted of this serious offense as written.

You need to hire an experienced Virginia reckless driving lawyer to review and challenge the evidence against you and advise you on this charge.

Aggressive Driving (VA Code 46.2-868.1)

Aggressive Driving is a shift from reckless driving since it involves the combination of multiple elements.

It involves the commission of a traffic offense as enumerated in VA Code 46.2-868.1 and being dangerous to another person.

The Aggressive Driving Violation is a Class 2 Misdemeanor. However, if you intend to injure the other person it is a Class 1 Misdemeanor.

Again, it may be challenging to prove the elements of this serious offense and if you are convicted, you may be facing a suspension of your driver’s license in addition to any sanctions imposed by the law.

Your attorney will advise on how to defend yourself in this type of offense.

How Should You Prepare For Your Reckless Driving In Virginia Case? Outlined by Reckless Driving Attorney:

When preparing for your reckless driving case, despite the reasons for your Virginia reckless driving ticket or citation, you need to be aware of a few facts before going to court.

Your penalties for your ticket will largely depend on the following factors but are not limited to:

• Discretion by the officer
• Driving record
• Rate of speed
• Emergency circumstance

During your court appearance, the officer that pulled you over will be there to give the reasons why they pulled you over and the interactions you had with them.

The judge will also look at your driving record.

Depending on the number of reckless driving tickets or general traffic violations you possess, it will affect a judge’s decision.

If you are charged with a reckless driving ticket because of speed, then you may need to get your speedometer calibrated.

If you are able to show the judge that there was a malfunction with your car rather than a personal mistake, this may help your case.

Furthermore, up to a judge’s discretion, if your reckless driving was due to an emergency such as a medical emergency or a death in the family, you might receive leniency in the charge or penalty.

Talking with your attorney to constitute what an emergency may help your case with a judge.

The Virginia reckless driving lawyer you chose to work with, must have experienced defending Criminal Reckless Driving cases in court.

What Should You Expect After Your Reckless Driving in Virginia Charge?

After being charged with a reckless driving violation, you are summoned to appear in Court as Reckless Driving is not a prepayable offense.

You are required to appear in court for your defense.

Reckless driving is a Class 1 Misdemeanor, a criminal offense that stays on your driving records for 11 years, will affect your insurance, and your job applications.

It is highly recommended that you consult with an attorney as soon as you get the reckless driving charge.

Your attorney will advise you on what to do to deal with this charge.

In some cases, an attorney may even go on your behalf to court for a reckless driving charge and try to resolve your case in your absence or continue it if your presence is required.

Make sure you are working with an experienced Virginia reckless driving lawyer