Virginia Reckless Driving Defense Lawyer

Law enforcement officers can stop you for reckless driving for many reasons, including driving with an obstructed view, speeding, driving two abreast, and more. You can even have your license suspended for certain reckless driving charges. A reckless driving attorney in Virginia can guide you through the criminal process after you are charged with reckless driving or if you receive a traffic ticket because of a traffic infraction. Your traffic attorney can appear at your court date with you and can work with prosecutors to hopefully lessen the number of demerit points you could accrue based on the facts of your case.

Areas in Virginia We Serve

Welch & Wright serves all seven cities in the Hampton Roads area. However, if you get into trouble outside of these cities, you may still be able to give us a call. If you are an out-of-state driver visiting the area on vacation, give our experienced Virginia reckless driving attorneys a call to see how we can help get you back to your home.

What is Reckless Driving in Virginia?

Reckless driving is a type of criminal traffic violation that involves operating a vehicle with willful or wanton disregard for safety. The law considers reckless driving much more serious than mere carelessness (which is usually a civil matter). If convicted of this type of traffic offense, you could be looking at significant fines, jail time, loss of your driver’s license, and a significant increase in your car insurance premiums.

Types of Reckless Driving Cases We Handle in Virginia

Virginia has several types of reckless driving cases, including:

• Driving with an obstructed view: If a vehicle is so loaded or has too many people in the front seat that they block the driver’s view or interfere with the driver’s control, you can be stopped for driving with an obstructed view.
• Driving two abreast in a single lane: You may be stopped for reckless driving if you are driving abreast of another vehicle in the same lane. This does not apply to certain vehicles, such as motor scooters.
• Passing two vehicles abreast: If you attempt to pass two motor vehicles traveling abreast of each other, you could be charged with reckless driving. This does not apply to certain vehicles, such as motor scooters.
• Speeding: Going 20 mph faster than the posted speed limit or driving over 85 mph is considered reckless driving in the Commonwealth of Virginia. It is considered “excessive speeding, which is a reckless driving charge.
• Driving too fast for road conditions: The posted speed limits are safe when conditions are clear. Driving too fast for road or traffic conditions can mean doing the speed limit when roads are in poor repair or when the weather is inclement.
• Failing to yield when approaching an emergency vehicle: Virginia’s “move over” law requires you to move over to the next lane on a four-lane highway or slow down enough to safely pass a stopped vehicle with lights or emergency flashers flashing in a cautionary manner.
• Passing a stopped school bus: You can be charged with a reckless driving offense if you do not stop for a school bus with its lights flashing.
• Racing: If you are charged with racing another motor vehicle, you may be charged with reckless driving. You can also lose your license for six months to two years if you are found guilty of racing.

How Can an Attorney Help With Your Virginia Reckless Driving Charge?

Each case is different. Based on your driving record, an experienced traffic defense attorney can help with a reckless driving case by working with the prosecutor to possibly lower any penalties associated with reckless driving charges. Call us today for a free consultation to hear how our Virginia reckless driving defense attorneys can help.

How Can Police Officers Judge Your Speed?

Police officers who stop you for speeding usually have proof that you were breaking the law. There are three ways the law enforcement officers can prove that you were speeding: Using the radar on the front or rear of the vehicle, using the LiDAR device, or pacing the vehicle by following at the same speed for at least a quarter of a mile.

This charge is extremely subjective. Therefore, the facts of each individual case will be key in determining the best strategy for your case.

Can a Reckless Driving Charge be Reduced in Virginia?

Yes, if you can prove to the court that the reason for your reckless driving wasn’t entirely your fault, an experienced reckless driving attorney at a law firm like Welch & Wright may be able to reduce your charges to improper driving. If you are able to prove the reckless driving was not your fault, such as having faulty brakes, your attorney might be able to convince the court to drop the charges against you. The court usually will take your driving record into account.

What is the Difference Between VA Reckless Driving and Improper Driving?

In Virginia, Improper Driving is a lesser included offense of Reckless Driving. Judges will sometimes amend Reckless Driving charges to Improper Driving, if there are mitigating facts in the case, or the driver has completed mitigation before court, such as a driver improvement course or volunteer hours.

Improper Driving is a 3-point traffic infraction that can carry with it up to a $500 fine and court costs.

Reckless driving encompasses several types of charges, all of which can cause danger to another person or property.

Can My License be Taken Away for Reckless Driving?

Depending on the severity of your reckless driving charge, you could lose driving privileges for up to 6 months. Additionally, convictions can stay on your licenses for many years. Passing a school bus while its lights are flashing is one reckless driving charge that may cause you to lose your license.

How Long Does a Reckless Driving Charge Stay on My Record in Virginia?

A reckless driving charge stays on your record for 11 years. However, if your attorney is able to reduce the charges, the reduced charge may stay on your record for a shorter period of time.

Can You Appeal a Reckless Driving Conviction in Virginia?

Yes, you can appeal a reckless driving conviction from the general district courts. It is a de novo appeal, which means you get a new trial with a different judge in the circuit court. However, you have just 10 calendar days from the date of the original trial to file the appeal.

If you file an appeal, you must appear on the court date, or the court may charge you with failure to appear, which is a misdemeanor. In some cases, failing to appear could result in jail time, even if your reckless driving charge does not result in jail time.

What Legal Defenses Are Available for a Reckless Driving Charge in Virginia?

Some reckless driving criminal offenses have defenses available. However, they may not apply in your case. Some of the defenses available include:

• The police did not have reasonable suspicion that you committed a traffic violation or another violation.
• You can prove that you were not driving the vehicle at the time “you” received the reckless driving ticket.
• The radar reading was not accurate.
• You had a medical emergency.
• Your GPS shows that you were driving at a lower speed than what the police officer clocked you at.
• Incorrect location.

Your speedometer was not working properly, and you thought you were driving within the law.

Why Work With Welch & Wright

An experienced Virginia reckless driving lawyer who knows the traffic laws and works with prosecutors in traffic court may be able to help you in several ways, including guiding you through the court system and working with prosecutors.

Testimonials

“I recently had the pleasure of working with Nick regarding a speeding ticket case, and I couldn’t be more satisfied with the outcome. Nick’s expertise and dedication were evident from our first consultation. He guided me through every step of the process, ensuring that I understood my options and what to expect in court.” — Jessica F.

We Are Ready To Help With Your Virginia Reckless Driving Case

There are many defenses in these types of cases, and each is heavily reliant on the facts of each case. The attorneys at Welch & Wright have vast experience in these types of traffic cases and have successfully fought and won these cases at trial. Depending on the circumstances, we may be able to get your charges reduced or dismissed entirely or fight for a not guilty verdict in court. If you’re facing reckless driving charges in the Hampton Roads area, give us a call at (757) 707-8803 or contact us online for a free consultation with an experienced reckless driving attorney.