What to remember when you are looking for a Reckless Driving Attorney
It is important to know what type of Reckless Driving ticket you have and what punishments you face before calling a Reckless Driving attorney.
Reckless Driving Punishment
Reckless Driving is a class 1 misdemeanor punishable by up to 12 months in jail, and/or a fine of up to $2500, and/or suspension of your driver’s license for up to 12 months.
Where the evidence is slight, the court or prosecutor may reduce the charge to Improper Driving (46.2-869) which is a traffic infraction and is punishable by a fine of up to $500.
Types of Reckless Driving
The different types of Reckless Driving charges are described in Virginia Code Sections 46.2-852 through 46.2-869. Reckless Driving encompasses numerous types of driving behavior. The most common types are: Reckless Driving Generally (46.2-852) and exceeding the speed limit by 20 mph or exceeding 80 mph (46.2-862). Other forms of Reckless Driving include: not maintaining proper control of a vehicle or faulty brakes (46.2-853), passing on or at the crest of a grade or curve (46.2-854), driving with an obstructed view or impaired control (46.2-855), passing two vehicles abreast (46.2-856), driving two abreast in a single lane (46.2-857), passing at a railroad crossing (46.2-858), passing a stopped school bus (46.2-859), failing to give proper signals (46.2-860), driving too fast for traffic or highway conditions (46.2-861), failure to yield right of way (46.2-863), and racing (46.2-865).
Generally – Virginia Code 46.2-852
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.
The essence of the offense of Reckless Driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. Powers v. Commonwealth, 21 Va. 386 (1970).
Recklessly, as it pertains to Reckless Driving, imparts a disregard by the driver of the motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property. Powers v. Commonwealth, 21 Va. 386 (1970).
Exceeding the Speed Limit – Virginia Code 46.2-862
A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
Pacing is a valid method to determine the speed of a vehicle where the calibration tests to prove the accuracy of the officer’s speedometer are properly admitted. West v. Commonwealth, 43 Va. App. 327 (2004).
If you are looking for a Reckless Driving Attorney in Virginia call DSK Law and schedule a free consultation. 703-248-0626