Being stopped or handed a citation by a police officer for reckless driving doesn’t guarantee that the prosecutor will officially press charges against you. On the flip side, not receiving a reckless driving citation doesn’t grant immunity; a prosecutor might decide to bring formal charges at a later time, causing you to be charged after the fact. This is why finding an experienced reckless driving attorney in Virginia is crucial.
What Constitutes Reckless Driving?
In the Virginia traffic law, certain traffic violations are deemed so serious that they transition from mere moving infractions to full-blown criminal offenses. A police officer might decide to play the reckless driving card if they catch you in the act of:
- Operating a vehicle with brakes that are either improperly adjusted or outright faulty
- Piloting an overloaded vehicle that blocks views or hinders controls
- Engaging in side-by-side driving on a one-lane roadway
- Neglecting to provide appropriate signals
- Cruising at speeds unsuitable for the highway and traffic conditions, irrespective of what the posted speed limit suggests
- Accelerating more than fifteen MPH beyond the speed limit or hitting speeds exceeding eighty MPH, regardless of posted limits.
- Failing to yield the right-of-way
- Putting a person or property in harm’s way in public driveways or parking lots
- Executing illegal passes in various scenarios:
- On a hill or slope
- When gearing up for a curve in the road
- Simultaneously overtaking two vehicles
- Near a railroad crossing
- At a highway intersection
- When pedestrians are trying to cross
- In the vicinity of a stopped school bus
Punishments for Reckless Driving
Reckless driving in Virginia is no minor offense; it falls under the category of a Class 1 misdemeanor, carrying substantial consequences upon conviction:
- Six points on your virginia driving record: Significantly impacting your driving history
- Up to a $2,500 fine: A substantial financial penalty
- Up to a one-year jail sentence: Potential incarceration
- Up to six months’ suspension of driving privileges: Restriction from driving
- A criminal record: A lasting mark on your legal record
Beyond the immediate legal ramifications, a reckless driving conviction in Virginia triggers a cascade of collateral effects, such as:
- Increased auto insurance rates: Expect a subsequent rise in insurance premiums
- Potential ineligibility to rent cars: Implications for travel arrangements
- Impact on government security clearances: Relevant for military and law enforcement personnel
- Contract eligibility concerns: Possible hindrance in securing certain contracts
- Must be disclosed when applying for US citizenship: Transparency requirement during citizenship applications
When a judge determines the appropriate penalties for a reckless driving conviction, factors such as prior convictions, driving history, injury consequences, and demeanor during the incident come into play. You can lose your license for reckless driving–in instances where the reckless driving charge involves racing, the penalties are heightened, encompassing a potential two-year license suspension and the potential permanent confiscation of the vehicle.
While reckless driving is typically prosecuted as a misdemeanor, it can escalate to a felony under specific circumstances. Racing-related fatalities, for example, result in a Class 6 felony with a suspension of one to three years and a potential twenty-year prison term. Additionally, being charged with reckless driving while possessing a suspended or revoked license elevates the offense to a Class 6 felony.
Getting the Right Representation
While it’s within your rights to represent yourself in a criminal case, tackling the intricate web of Virginia’s reckless driving laws solo isn’t exactly a strategic move. Conviction in this arena brings a load of hefty penalties, etching a misdemeanor on your criminal record for the long haul.
Enter Coastal Virginia Law’s experienced attorneys who are ready to act as your strategic guides to sidestepping these lasting consequences. Our legal navigators don’t just stand idly by–they’ll dive deeply into the intricacies of your case and gear up for a trial that could potentially downgrade the charge to a milder offense like improper driving.
Can you get a CDL after a reckless driving charge? Be sure to check out our recent article!