For many folks facing reckless driving charges in Virginia, a burning question is whether a conviction will take away their driver’s license. Reckless driving is a crime, and you can indeed lose your license for it. There are two main scenarios that could lead to this unfortunate outcome; each comes with its own set of challenges.
Judicial decision: The more common route is when the judge decides to put your license on hold as part of your sentencing. This is a standard move for most reckless driving convictions in Virginia.
DMV involvement: Now, for those with a not-so-perfect driving record, the Department of Motor Vehicles (DMV) might step into the ring. If you’ve been racking up too many points on your license, the DMV could force you to take a break from driving. This doesn’t happen all the time, but it’s a real concern for those with a history of traffic hiccups.
When dealing with these potential license-related headaches, it’s essential for individuals facing reckless driving charges to dig into the specifics of their case and seek professional advice from a Virginia Beach reckless driving lawyer to figure out the best plan of action.
What Causes a License Suspension?
The automatic suspension of your driver’s license isn’t a predetermined penalty for reckless driving; it hinges on the court’s discretion and the specific judge overseeing your case. Circumstances that could likely result in a license suspension include:
- Exceeding eighty MPH: If your speed surpasses eighty MPH, the court is inclined to enforce a suspension lasting thirty days or longer.
- Involvement in serious accidents: When reckless driving leads to significant accidents, the judge may opt for a license suspension as a consequential measure.
- Engaging in drag racing: Participating in drag racing on Virginia streets carries a mandatory minimum license suspension of six months, with the judge having the authority to extend it up to two years.
- Subpar driving record: A history marred by multiple moving violations, including speeding, previous reckless driving charges, and instances of DUI, provides grounds for the judge to consider a license suspension.
Court-Mandated License Suspension
In the world of reckless driving cases, whether you’re pushing the speed limits or just navigating the chaos on the roads, license suspensions aren’t the default punishment. These consequences depend on the policies of the local court.
Specifically, breaking the eighty-MPH barrier in a reckless driving case can often lead to a license suspension. In some courts, this threshold triggers a choice for the driver–opt for a thirty-day suspension without a restricted license, or go for a ninety-day suspension with certain driving limitations (more details below).
Serious accidents can throw a curveball into the mix, potentially prompting judges to put a pause on the driver’s license. Driving records also play a role; even if your case doesn’t involve high speeds, a less-than-stellar record might still result in a license suspension. The maximum time a judge may suspend a driver’s license is generally capped at six months, with only a few exceptions. In cases of reckless driving based on racing, the racing statute mandates a suspension ranging from six months to two years.
For out-of-state drivers, it gets complex. While a judge can’t directly suspend an out-of-state license, they have the authority to suspend driving privileges within Virginia. However, for those from states involved in the driver’s license compact, a Virginia suspension might trigger a reciprocal suspension back in their home state, creating a chain reaction with potential repercussions. Understanding these nuances is crucial for anyone navigating the intricate landscape of reckless driving charges and potential license consequences.
Let Coastal Virginia Law Help
Facing the loss of your license, even if it’s just for a month, can cast a substantial shadow over your life. The ripples extend to potential job loss, disruptions in attending college classes, and the heartbreaking prospect of being cut off from visiting your children if you’re a non-custodial parent. When you enlist the services of a seasoned reckless driving defense attorney in the aftermath of receiving a ticket, you can rest assured that we’ll pull out all the stops to minimize the repercussions this charge might have on your life.
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