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Experienced Virginia Beach Reckless Driving Lawyer

Key Takeaways

  • Reckless driving is a Class 1 misdemeanor.
  • Going 20 mph over the posted speed limit is considered reckless driving.
  • Driving 85 mph or over is considered reckless driving.
A red car is driving forward on a road, while a police car with flashing lights approaches from behind. The setting is suburban, with streetlights and trees lining the sides.

When driving recklessly, the police may give you a ticket or even arrest you, depending on the circumstances. Speeding, driving with an obstructed view, and other actions constitute reckless driving. A reckless driving charge not only goes on your driving record but will also appear on your criminal record as a Class 1 misdemeanor. A Virginia Beach reckless driving attorney at Welch & Wright can help you fight the charges and reach the best possible outcome.

Why Work With Welch & Wright

Two individuals in formal attire, one writing with a pen and the other holding a pen, are engaged in discussion at a desk featuring a laptop and a wooden gavel. A balance scale is also present.

When you have traffic violations, you need an experienced traffic defense attorney to help fight the charges against you. The defense attorneys at Welch & Wright have many years of experience fighting charges such as reckless driving, speeding tickets, and aggressive driving.

Reckless Driving Defense Backed by Award-Winning Attorneys

Our experienced reckless driving attorneys have won awards for representing drivers against law enforcement. Our awards include those from several organizations, including:

  • National Association of Criminal Defense Lawyers
  • Virginia Trial Lawyers Association
  • Virginia Association of Criminal Defense Lawyers
  • National College for DUI Defense
  • Avvo Clients’ Choice Awards for 2021, 2022, and 2023

Testimonials

“I had the pleasure of working with Nick and he got my reckless driving ticket dropped down to a regular speeding ticket which was the best outcome. 10/10 recommend!!!!!” – Dariana J.

“I appreciated Nick’s support and resources when dealing with my traffic ticket. Got my reckless driving reduced to a minor speeding infraction.” – Kennard C.

“Calum Welch did an excellent job representing me in a court case for speeding. Being my first offense, he welcomed me with open arms and made the process easy to navigate. Thanks to his expertise, my speeding ticket was reduced to defective equipment! I’m very happy with the outcome and highly recommend his services to anyone in need of legal representation.” – Janel R.

What is Reckless Driving in Virginia Beach?

Virginia law defines reckless driving as “driving on any highway recklessly” or speeding in a manner that endangers the lives of others.

Common Behaviors That Can Result in a Reckless Driving Charge in Virginia Beach

Behaviors in the Commonwealth of Virginia that can cause a reckless driving charge include:

  • Excessive Speeding: Exceeding the speed limit by 20 mph, driving at least 85 mph, regardless of the speed limit, or exceeding a speed limit that is safe for conditions, even if the safe limit is well below the posted limit.
  • Passing a stopped school bus: When lights are flashing and children are entering or leaving the school bus, you are not permitted to pass the bus.
  • Driving aggressively or endangering others: This could include excessive speeding, reckless lane changes, and illegal passing.
  • Racing on public roads: Street racing involves two drivers lining up to see who can reach a predetermined spot first.
  • Failing to signal or unsafe lane changes: Not signaling, whether turning or making a lane change
  • Driving with faulty or unsafe vehicle equipment: You must keep your vehicle in proper working condition. Faulty brakes, suspension, and other components could cause you to lose control of the vehicle.
  • Causing an accident due to reckless actions: This may include driving an overloaded vehicle, driving with obstructed vision, or engaging in any act that causes danger to others, such as ignoring traffic control signals and not using turn signals.

What Are the Penalties for a Reckless Driving Conviction in Virginia Beach?

Reckless driving is more than a traffic offense that will put six points on your license, it is also a crime. If convicted, you will have a criminal record with a Class 1 misdemeanor that can significantly affect your life. Penalties for reckless driving include:

  • Fines and court costs: Up to $2,500 in fines and associated court costs.
  • Jail time for severe offenses: Up to 12 months in jail.
  • License suspension and driving privilege loss: Suspended license for up to six months.

How Can Our Reckless Driving Lawyers in Virginia Beach Help?

Depending on your circumstances, our attorneys may be able to have the criminal charges reduced or even dropped.

Give the attorneys at Welch & Wright a call for a free consultation to see what our legal team can do for your case.

Common Defense Strategies Used in Reckless Driving Charges

A gray triangle represents defense strategies linked to reckless driving charges. Actions include challenging the stop's validity, arguing necessity or emergency, and questioning evidence accuracy, with relevant icons for each.

Once you retain experienced criminal defense lawyers, they can investigate your case to determine whether some common defense strategies may help lower the charges or even wipe them out completely. Some of the common strategies for reckless driving cases include:

Challenging the Validity of the Stop

A police officer must have reasonable suspicion that you committed a crime or a traffic offense to stop you. The officers also have certain rules to follow during a stop. The validity of the stop may also include factors such as a lack of clear evidence or faulty police equipment.

Arguing Necessity or Emergency

Sometimes, you may need legal advice to fight a reckless driving charge. If argued and proven properly, urgent situations can lead to a dismissal of the charges. It may help to show you had a sudden illness or medical emergency, such as a heart attack, blacking out, fainting, or an unforeseen medical issue.

Question The Accuracy of Evidence

Sometimes, speed-measuring devices can be inaccurate if the devices are not properly calibrated or are used improperly. Radar and LIDAR devices must be calibrated every six months. Additionally, you may have a defense if you can prove your speedometer was inaccurate at the time of the stop.

What Should You Do After Receiving a Reckless Driving Ticket in Virginia Beach?

After you receive a ticket for reckless driving, you should take several steps:

Review the Details of Your Ticket

Carefully review the ticket. If you are not being charged with a felony, you will most likely be released with a future court date. You should not pay for the ticket, nor should you ignore it. Paying the ticket is admitting guilt, which means you will have a permanent misdemeanor or felony on your record. If you ignore the ticket and do not appear in court, the court may find you guilty in absentia and issue a sentence, which may include a license suspension or a large fine. The Court may also issue a capias or arrest warrant for failing to appear in court. If the court issues a warrant, you may be arrested the next time you are pulled over for a traffic stop.

Understand the Potential Penalties and Charges

If you are not sure what it means that you could be charged with a misdemeanor due to a reckless driving charge, contact an experienced reckless driving attorney as soon as possible—even while you are still being held. These charges are serious, and anything you say can be used against you.

Gather Evidence and Documentation

If you have evidence or documentation justifying your reckless driving or proof that you were not driving recklessly, bring that evidence to an experienced criminal defense attorney.

Consult a Reckless Driving Defense Attorney

Even if the charge is a misdemeanor, it will follow you for the rest of your life. It can affect car insurance rates. The next time law enforcement stops you, they will be able to see your prior record, which could negatively affect how the officer handles the case. A conviction could even affect your daily life should an employer or landlord do a background check.

How Do Reckless Driving Charges Affect Your Driver’s License?

Reckless driving charges can lead to license suspension for up to six months. If you are convicted, you may have to surrender your license to the court for disposal.

Facing a Reckless Driving Charge? Call Us Today to Protect Your Rights.

Instead of trying to defend against a reckless driving charge alone, contact Welch & Wright to help you through the process and fight for your case. Contact us for a free consultation at 757-707-8803 or by completing our online contact form.

Frequently Asked Questions

Is Reckless Driving a Misdemeanor or a Felony in Virginia Beach?

Reckless driving in Virginia Beach is a Class 1 misdemeanor. Penalties include up to $2,500 in fines and potential jail time of up to 12 months, as well as the suspension of your privilege to drive in Virginia for up to 6 months.

What Are the Differences Between Reckless Driving and a Speeding Ticket?

Reckless driving is a criminal offense that usually requires a court appearance, while a speeding ticket is a traffic infraction. Reckless driving, including driving 20 mph over the speed limit or driving 85 mph regardless of the speed limit, carries more severe penalties than a speeding ticket, including the possibility of jail time and a permanent criminal record.

Are First-Time Reckless Driving Offenders Treated Differently?

If this is the first time you’ve been arrested or ticketed for reckless driving, you may receive some leniency. However, you are still subject to the same legal penalties as repeat offenders, including fines and possible jail time. The court has discretion in determining the outcome based on the specifics of your case.
Nick T. Wright

Written By Nick T. Wright

Criminal Defense Attorney

Attorney Nick T. Wright is one of the founders of Welch & Wright, PLLC. Nick T. Wright focuses his practice on criminal defense cases, particularly ones involving DUI defense, traffic violations, petty theft, and nonviolent sex offense cases. Nick Wright has handled thousands of cases in Hampton Roads, the Greater Richmond, VA area, and northern Virginia. He received his law degree from the University of Richmond School of Law. Nick T. Wright is associated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the National College of DUI Defense (NCDD), among other affiliations.

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