Reckless driving can cause significant damage to human life and property and is therefore considered a serious offense. Being charged with reckless driving in Virginia can result in a felony charge and lead to grave consequences, such as the loss of your driving license.
It is important to learn how to differentiate between careless and reckless driving and why you should hire a reckless driving Virginia lawyer, such as those at Coastal Virginia Law, if you’re ever charged with this offense.
What Is Reckless Driving?
Reckless driving is more than unintentionally going a few miles over the speed limit or accidentally hitting the curb while backing out of your driveway. According to the Federal Motor Carrier Safety Association, reckless driving is “driving a motor vehicle in willful or wanton disregard for the safety of persons or property.”
Examples of reckless driving include, but are not limited to:
- Refusing to stop at stop signs
- Running red lights
- Driving while intoxicated
- Evading law enforcement
- Excessive speeding
In general, twenty miles per hour or more above the speed limit is considered excessive speeding. This number can vary depending on the weather, type of road, how populated the area is, and other factors, which means that the number of miles over the speed limit that is considered reckless driving can change, depending on the circumstances.
Is Reckless Driving a Felony in Virginia?
Although most instances of reckless driving are considered misdemeanors, reckless driving can be elevated to a felony in Virginia in some cases. Reckless driving is classified as a Class 6 felony in extremely serious cases, such as if the driver:
- Was driving while their license was suspended or revoked because of a moving violation
- Caused a person’s death due to reckless driving
What Happens if You Get Charged With Reckless Driving in Virginia?
Reckless driving typically falls under Class 1 misdemeanors. Of the four classes of misdemeanors in the state, Class 1 carries the most severe penalties. If you are convicted of reckless driving, you may be punished with up to one year in jail, up to $2,500 in fines, suspension of your driving license, and/or six demerit points on your license.
If you get charged with a felony for reckless driving, you could get sentenced to up to five years in prison and a fine of up to $2,500.
What to Do if You Are Charged With Reckless Driving in Virginia
If you are charged with reckless driving in Virginia, here are a few things you should keep in mind:
Do Not Admit Guilt
If you get pulled over by the police for driving recklessly, do not make any statements admitting your guilt. These statements could be used against you in court.
Do Not Argue With the Police Officer
Refrain from arguing with the police officer, even if you believe you are innocent. Arguing with the officer can cause other charges to be made against you or lead to harsher punishment if you are convicted.
Do Not Dismiss the Charges
If you are charged with reckless driving, you need to take the charges seriously. Reckless driving is not a civil offense like minor driving offenses—it is a criminal offense that could seriously impact your record. It is especially important to figure out how to deal with these charges because reckless driving charges can have negative long-term consequences such as:
- A permanent criminal record could impact your ability to get a job, rent a home, etc.
- Increase your insurance costs
- Suspension of your driving license
- Points against your driving record
Build a Strong Defense for Court
Being charged with reckless driving does not mean that all hope is lost. You can present a strong defense to help the charges get dropped or reduced. Defenses in these types of cases can include:
- Proving that you were not the person driving the car
- The speedometer was not working correctly in the car
- You were driving slower than the police claim
- Your constitutional rights were violated, such as if the police did not read you your Miranda rights or kept asking you questions after you asked for an attorney
It’s essential to contact a reliable Virginia law firm with strong experience defending reckless driving cases, like Coastal Virginia Law, if you are charged. Hiring an experienced lawyer can mean the difference between jail time and minor fines or even getting the charges dismissed altogether.
Do Not Enter Into a Plea Agreement on Your Own
You may be tempted to save money on a lawyer and represent yourself in court. However, negotiating with a prosecutor on your own can leave you with a less-than-desirable deal.
Because of this, it is best to get in touch with the experts at Coastal Virginia Law to help you with your case and make sure you end up with the best possible outcome.