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Virginia Law Offices of
Michael A. Pignone

9119 Church Street
Manassas VA, 20110
Virginia Criminal Defense Lawyer
Phone: (703) 330-3200
Fax: (703) 361-1888
Email: mike@vaDUILawyers.com

Virginia Reckless Driving - Frequently Asked Questions

 

Also see our Reckless Driving Defense page.

 

 

Am I really facing a criminal charge for Reckless Driving?

 

Yes, if you were pulled over and giving a summons to appear in a Virginia criminal court on reckless driving charges, you could be sentenced to as much as a year in jail, and face a suspended driver's license for 6 months, $2500 in fines, and a criminal record that could follow you around for the rest of your life.

 

Do I need a Lawyer?

 

Going to court on a reckless driving summons without at least speaking with a Lawyer first is a very risky proposition. Not all reckless driving charges are alike, and not all courts and judges treat them the same way. Some judges may be fair and lenient and reduce or drop the charges easily, but many will not.

 

So the real answer is, it depends. Having a Lawyer who knows how to argue the facts and knows how sympathetic a judge is likely to be to any particular argument is a huge plus, and can save you thousands of dollars. Maybe you can get the same results on your own, but you really won't know until it's too late to do anything about it.

 

It makes sense to take advantage of our free legal consultation on your charge of reckless driving in Virginia. Then you can at least be informed about the facts of your case and decide if we can help you.

 

Should I plead guilty?

 

Definitely not. You need to speak to a Lawyer before doing anything to make sure you aren't admitting to something that could easily be dismissed or reduced, saving you thousands of dollars and a permanent criminal record.

 

Can I beat the charges or get them reduced?

 

Yes, there are many excellent legal and procedural arguments that may be able get your case dismissed.

We can challenge the circumstances of the stop, challenge the calibration and maintenance of the device that clocked you speed, and more.

 

But for most people, the simplest thing to do is argue for a reduction in charges to a civil (non criminal) traffic offense, like Improper Driving, or even a simple speeding ticket.

 

In many courts, a Lawyer who knows the system can fairly easily get the charges reduced from a criminal down to a civil charge, saving you thousands of dollars in fines, fees, and car insurance rate increases, as well as keeping your criminal record clean.

 

In more complex cases, or if there is a judge who is unsympathetic to a standard charge reduction, we can often make other arguments that will help, including driver improvement classes, car maintenance, or extenuating circumstances and personal hardship.

 

The goal is to make sure you don't have a criminal record, which will show up in simple background checks, and can affect your life in hundreds of ways, from getting a job, renting an apartment, getting a loan, and more. That's what I focus on primarily. If we have to fight to get there, then we will fight.

 

If I hire an Attorney, do I have to show up in court?

 

Not usually. In many cases, if you hire us you won't have to show up in court. We can appear on your behalf and get the charges reduced. You'll get a notice in the mail of the new disposition, pay the reduced fine, and that will be the end of it.

This is a huge benefit to people who live far away from where they got pulled over and can't easily make it to court.

We handle lots of reckless driving charges for out of state residents from Pennsylvania, Maryland, New Jersey, North Carolina, and more. I don't know if the Virginia state police are more likely to pull over people with out of state license plates, but sometimes it seems that way!

 

What will it cost to hire a Lawyer to fight my reckless driving ticket?

 

Representation in court for most simple reckless driving ticket Defenses costs under $1000. Getting your ticket reduced will save you many thousands of dollars, and can save you the time and effort of going court.

 

A consultation on your case is absolutely free, so call to get some advice, and we can discuss your options, so you can decide what makes sense for you.

 

What are Abusive Driver Fees?

 

A new Virginia law passed on July 1, 2007 added additional fees for Virginia residents found guilty of many driving offenses, including reckless driving. It will cost you an extra $1050 over 3 years if you live in Virginia. When you renew your Virginia registration, you'll be charged an additional $350 each year.

Also see my abusive driver fees press release.

 

What kind of driving behavior can get you charged with Reckless Driving?

 

Reckless driving offenses come in many different flavors, and some are trickier to defend that others.

 

Speeding - Driving 20 MPH over the posted speed limit (Virginia Criminal Code Section 46.2-862)

 

The most common reckless driving charge is simply driving 20 miles per hour over the limit. This is usually the easiest charge to get reduced from a criminal to civil speeding ticket.

 

Speeding - Driving 80 MPH (VCC 46.2-862)

 

Also common. Most judges are less likely to agree to a speeding ticket, but we can often get the charge reduced to Improper driving (not criminal)

 

Failing to give proper signal (Virginia Criminal Code Section 46.2-860)

 

Failing to use turn signals properly.

 

Driving vehicle which is not under control; faulty brakes (VCC 46.2-853)

 

Poor brakes, or stopping to quickly or slowly.

 

Driving too fast for highway and traffic conditions (VCC 46.2-861)

 

This one is purely subjective, based on the officer's opinion of traffic, weather or road conditions. You could be cited at any speed for reckless driving if the police officer thinks it was too fast for the situation.

 

Failure to yield right-of-way (VCC 46.2-863)

 

If the officer believes you did not yield when another driver had the right of way, he can cite you for reckless driving.

 

Reckless driving; general rule - endangering (VCC 46.2-852)

 

Another purely subjective charge. If the officer believes you were driving in any way that was reckless or endangering others on the road, he will ticket you under this law. Also known as driving to endanger, or operating to endanger.

 

Passing a stopped school bus (VCC 46.2-859)

Passing an emergency vehicle (VCC 46.2-829)

 

Applies to any police vehicle, fire engine, ambulance, or other legitimate safety or law enforcement vehicle with flashing lights and a siren.

 

Racing (46.2-865)

 

The Reckless Driving penalty for racing also includes an automatic license suspension for 6 months to 2 years.

 

Passing on a grade or a curve 46.2-854)

 

This penalty generally applies when passing in a no passing zone where there is limited visibility due to a a hill or a curve.

 

Obstructed View (46.2-855)

 

Too many people in the car, or two many object that make it unsafe to drive or reduce your visibility.

 

Parking Lot (46.2-864)

 

Driving recklessly or dangerously in a parking lot

 

Passing at a railroad grade crossing (VCC 46.2-858)

Passing two vehicles abreast (VCC 46.2-856)

Driving two abreast in a single lane (Virginia Criminal Code 46.2-857)

 

If you are accused of reckless driving or other traffic offenses in Virginia, call now for a no-obligation, no-risk, free consultation at (703) 330-3200. Find out exactly what can happen to you in your case, and what a Virginia criminal traffic attorney can do to help.

 

Please contact me about your Reckless Driving charges at: (703) 330-3200 or fill out our contact form >>