Is It Worth Hiring an Attorney to Fight a Reckless Driving Ticket in Virginia?

If you are facing a reckless driving ticket in Virginia, it is important to understand what is at stake in your case. Under the laws of the Commonwealth, reckless driving is a criminal offense. If convicted, you can face jail time and other penalties, and having a criminal conviction on your record can negatively impact nearly all aspects of your life. As a result, it is critical to have an experienced Woodbridge reckless driving attorney on your side.

Understanding Your Reckless Driving Case in Virginia

Understanding your reckless driving case starts with understanding how this offense is defined under Virginia law. The “general rule” prohibiting reckless driving appears in Section 46.2-852 of the Code of Virginia:

“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.”

Under Section 46.2-852, state prosecutors can pursue reckless driving charges based on evidence that the defendant was driving either: (i) “recklessly;” (ii) at a dangerous speed; or (iii) in any other manner that endangered “life, limb, or property.” While many reckless driving cases involve allegations that the defendant was driving well in excess of the posted speed limit, Section 46.2-852 makes clear that this is not a requirement for a reckless driving conviction in Virginia.

In addition to Section 46.2-852, several other provisions of the Code of Virginia establish reckless driving offenses. These offenses are more narrowly defined, and they carry the same penalties as reckless driving charges under Section 46.2-852:

• Section 46.2-853 – Driving a vehicle that is “not under proper control.”
• Section 46.2-854 – Passing at the crest of a grade or on a curve when the driver’s view is obstructed.
• Section 46.2-855 – Driving a vehicle when the driver’s view or ability to control the vehicle is impaired by passengers or cargo.
• Section 46.2-856 – Passing (or attempting to pass) two vehicles driving abreast unless the road has three or more lanes for each direction of travel.
• Section 46.2-857 – Driving two-abreast in a single lane (with an exception for motorcycles).
• Section 46.2-858 – Passing at a railroad grade crossing.
• Section 46.2-859 – Passing a stopped school bus.
• Section 46.2-860 – Failing to give “adequate and timely signals” of a driver’s intent to turn, slow down or stop.
• Section 46.2-861 – Exceeding a reasonable speed given “the circumstances and traffic conditions existing at the time.”
• Section 46.2-862 – Exceeding the posted speed limit by 20 mph or more or driving in excess of 85 mph.

Even these are just examples. Under Virginia law, failing to yield the right-of-way, driving recklessly in a parking lot, racing other vehicles, and other potentially risky driving behaviors can be prosecuted as reckless driving. If you are facing a reckless driving charge, it is critical to make sure you know the specific allegations against you (and the specific statutory provision under which you are being charged), as this will play a key role in determining what defenses you have available.

As we mentioned above, all forms of reckless driving are subject to the same penalties in the Commonwealth. While reckless driving is a misdemeanor in most cases, there are two circumstances in which reckless driving can be prosecuted as a Class 6 felony:

• Class 1 Misdemeanor Reckless Driving – When prosecuted as a Class 1 misdemeanor, reckless driving carries up to 12 months in jail, a $2,500 fine, 6 demerit points, a 6-month driver’s license suspension (which can increase to 2 years in some cases), and a permanent criminal record.
• Class 6 Felony Reckless Driving – When prosecuted as a Class 6 felony, reckless driving can carry up to five years in prison, among other consequences. Prosecutors can pursue felony charges when either: (i) the defendant’s driver’s license was suspended due to a moving violation; or (ii) the defendant’s reckless driving resulted in the death of another.

In cases involving handheld cell phone use in violation of Virginia’s cell phone law, reckless driving also carries a mandatory minimum fine of $250.

How an Experienced Attorney Can Help with Your Virginia Reckless Driving Case

With the severe consequences you are facing, if you have a reckless driving ticket pending in Virginia, it is essential to have experienced legal representation. Here are just some of the ways an experienced Woodbridge reckless driving attorney can help:

1. Identifying the Specific Allegations Against You

Your attorney can identify the specific allegations you are facing based on the police report and the specific statutory provision(s) under which you have been charged.

2. Investigating Your Traffic Stop and Arrest

Your attorney can investigate your traffic stop and arrest to determine what defenses you have available—including defenses based on violations of your constitutional rights.

3. Seeking a Plea Bargain (if Warranted)

If it makes sense to do so, your attorney can work to negotiate a plea bargain that results in a reduced charge that does not carry the consequences of a criminal conviction.

4. Fighting Your Reckless Driving Charge in Court (if Warranted)

If it is not in your best interests to accept a plea bargain, your attorney can use the available evidence (or lack thereof) to fight your reckless driving charge in court.

5. Helping to Protect Your Future

Ultimately, by helping you make informed decisions and standing up for your statutory and constitutional rights, your attorney can help protect your finances, your freedom, and your future.

Schedule a Free Initial Consultation with a Woodbridge Reckless Driving Attorney Today

Are you facing a reckless driving charge in Virginia? If so, we can help; please contact us promptly for more information. To discuss your case with an experienced Woodbridge reckless driving attorney in confidence as soon as possible, call us at 703-897-1777 or request a free initial consultation online today.