Reckless driving stays on your record for 11 years. In Virginia, the consequences of a reckless driving conviction are profound, notably impacting one’s driving history due to the gravity of the offense. If you’ve received a reckless driving ticket in Virginia, one of the biggest concerns you will likely have is how long will the reckless driving charge stay on your record.
This is an important question when deciding whether it’s worth hiring an attorney to fight your reckless driving charge because, unlike a standard speeding ticket, which is just a traffic violation, a reckless driving charge counts as a criminal misdemeanor in the state of Virginia. If you’ve been charged with reckless driving, you will face more severe penalties than with a standard traffic ticket, and the charge will also remain on your driving record for longer.
What Is Considered Reckless Driving in Virginia?
Reckless driving in Virginia is defined by Virginia law in Section 46.2-852 of the Code and is counted as a criminal offense rather than a moving violation.
The Code states: “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.”
Subsequent sections of the Code outline specific actions that constitute reckless driving, including:
- Driving a vehicle with improperly adjusted or faulty brakes
- Failing to give proper signals
- Driving an overloaded vehicle that obstructs views or controls
- Driving next to another vehicle on a one-lane roadway
- Driving too fast for highway and traffic conditions
- Speeding over twenty miles per hour (MPH) over the speed limit
- Endangering a person or property on driveways or parking lots open to the public
- Failing to yield the right-of-way
All of the above scenarios are considered reckless driving behavior, but ultimately, the decision to cite you for driving recklessly is up to the discretion of the police officer who stops you; it’s important to understand that there are other factors to consider when determining how many miles over the speed limit is considered reckless driving, as well.
Reckless Driving Conviction Stays On Your Record for a While
A reckless driving conviction will remain on your Virginia Department of Motor Vehicles (DMV) record for eleven years if you are convicted.
If you receive a reckless driving charge, you still have the chance to hire an attorney to fight your case and have it dismissed or reduced to a noncriminal offense. If you do not fight the charge and receive a conviction, it will stay on your record for eleven years without fail. This is why contacting a Virginia reckless driving lawyer, such as those at Coastal Virginia Law, is essential if you think you’ve been unfairly charged.
How Can I Get a Reckless Driving Charge off My Record?
Reckless driving convictions will appear on employment background checks and on your driving record. Your best chance to avoid this situation is to hire an attorney to fight your reckless driving charge so you don’t end up with a criminal record.
The Difference Between Speeding and Reckless Driving
Virginia law considers speeding a traffic violation, but reckless driving constitutes a criminal offense. For instance, if you are pulled over for exceeding eighty mph regardless of the posted speed limit, you will probably be charged with a Class 1 misdemeanor.
Reckless driving is a serious charge and can carry many of the same consequences as other misdemeanor criminal offenses, including jail time and a permanent criminal record. If you’ve been cited for reckless driving, contacting a Virginia reckless driving lawyer is in your best interest to help you avoid these criminal consequences.
Penalties for Reckless Driving in Virginia
If you are convicted of reckless driving, you are likely to receive the following:
- A criminal record
- Six points on your Virginia driving record
- Up to a one-year jail sentence
- Up to a $2,500 fine
- Up to a six-month suspension of driving privileges
In certain circumstances, a reckless driving conviction in Virginia may also result in increased auto insurance rates and can affect government security clearances and contract eligibility for military or law enforcement personnel.
When evaluating the appropriate sentence for your conviction, a judge will take into account many factors, such as any prior driving convictions, your DMV point rating, your background, and your behavior and mannerisms in court. If your reckless driving charge is a result of racing, you might be given additional penalties. These could include your license being suspended for up to two years and possible permanent seizure of your vehicle.
You might also be charged with a Class 6 felony if your reckless driving results in death. This can bring on a prison sentence of up to twenty years, as well as a license suspension of one to three years. A reckless driving charge is a serious offense. If you find yourself in this situation, seek legal advice from the experts at Coastal Virginia Law as soon as possible.