Best Lawyer For Reckless Driving In Virginia – Driving the streets, highways and highways of Virginia is a privilege. Every driver must not only pass the driving test, but must continue to drive in a manner that does not violate traffic laws and does not expose others to unnecessary risk.
While many Commonwealth laws relating to safe driving are straightforward, the same cannot be said for many aggressive driving requirements. Officers can fine a driver for this offense if they believe there was speeding or negligence for the safety of others.
Best Lawyer For Reckless Driving In Virginia
To make matters worse, many traffic violations are automatic cases of negligent operation of motor vehicles. Racing incidents, speeding, and even improper lane changes are crimes that can result in severe penalties.
Reckless Driving In Va
This offense is a rare moving violation that is considered a felony. Reckless driving is a criminal record and can result in fines and even jail time. This is to say nothing of administrative fines for driver’s license and insurance, which cannot be avoided. It’s clear that self-confidence can affect every part of your life.
A Virginia reckless driving attorney can help. You can work to investigate the incident that led to the arrest. Was the arrest the result of an automatic charge, or was the decision to press charges at the officer’s discretion? The attorney could then work to develop a defense strategy that will help you at every stage of the case, from arrest to indictment to pretrial hearing and final trial.
Aggressive driving charges are among the most vague and difficult to define in the Commonwealth Criminal Code. 46.2-852 of the VA Code. point gives a general definition of reckless driving. It states: “…reckless driving is any person who operates a vehicle recklessly on a highway or at a speed that endangers the life, limb, or property of another person.”
There’s a surprising amount to unpack here. First, it helps to understand what it means to be “reckless” in a legal sense. According to Black’s Law Dictionary, a person is reckless if he is reckless and indifferent to other people.
Do I Need A Lawyer For My Reckless Driving Charge?
Therefore, a negligent driver can be someone who operates their vehicle in a manner that endangers others without regard for the welfare of others. In general, recklessness is a term used in personal injury cases. For example, a negligent driver involved in an accident may be liable for any damages they cause. However, the term recklessness is also a term used in criminal cases.
A police officer can arrest a driver if they have reason to believe that the driver is acting recklessly. Consequently, arrest is usually a matter of opinion. One officer may consider aggressive lane changing to be considered reckless driving, but another may not. Also, the law requires that every prosecutor handling the case, the judge overseeing the prosecution, and even the jury must reach the same verdict.
For this reason, many reckless driving charges are extremely valid. In particular, if the arrest is based solely on the opinion of the officer, the Virginia reckless driver may have many opportunities to challenge the validity of the charges. It can appear in pretrial interviews with prosecutors, submissions to judges, and jury trials.
An attorney may be able to help convince the prosecutor to drop the charge from reckless driving to something much less serious. They could also help convince judges that there is no probable cause for detention given the circumstances leading to the dismissal.
Need A Virginia Driver’s License? We Can Help!
Some statements about aggressive driving leave no room for interpretation. Some actions a person can take while behind the wheel are so outrageous that they are considered reckless under Virginia statute
For any person driving 20 mph or more over the speed limit. In addition, this definition covers any speeding offense where a driver is charged with driving in excess of 80 mph. Consequently, many drivers charged with speeding may be charged at the same time. This turns an otherwise simple moving violation into a criminal charge.
Driving a vehicle that is not properly controlled. VA Code §46.2-853 is an example of a vehicle with inadequate brakes. However, many of these arrests may be at the discretion of the screening officer. Who is the officer who determines that the defendant’s brakes are “inadequate”?
And how it may affect their reckless driving case. Although many of these laws state that a conviction for these offenses automatically constitutes aggressive driving, these laws rely on the police officer’s judgment as to whether the suspect’s actions constitute a violation of the law. A Virginia attorney could help disprove the idea that a car accident qualifies as careless driving.
Reckless Driving Attorney
Although this offense is often the arresting officer’s choice to describe a potentially dangerous operation, many of these allegations can be related to other traffic violations. For example, we have seen that a very high speed automatically leads to reckless driving. However, nothing prevents a detainee from reporting speeding on his own initiative.
Similar provisions can be applied when the officer believes that the driver has acted recklessly, but such behavior does not suit him
Categories. For example, texting while driving is illegal in NoVa, but is not automatically considered reckless behavior. The police officer can still sue the driver for breaking the law while driving and for reckless driving. A Virginia attorney can help you vigorously defend reckless driving charges and other related charges.
Unlike most other situations where you are pulled over by a police officer, reckless driving is a felony. Although many traffic stops for suspected speeding, texting, or running a red light are merely moving violations, these charges are felonies.
Virginia Reckless Driving Lawyer Explains Reckless Driving Penalties, Defenses For 46.2 862, 46.2 852
This means that a criminal record can have a long-term impact on a driver’s life. According to VA Code §46.2-868, a reckless driving conviction is a Class 1 misdemeanor. This means that the court can convict the defendant under VA Code 18.2-11. point with imprisonment of up to one year and a fine of up to one year. up to $2,500 or both.
However, in these cases there are some aggravating factors that can increase the penalties. The Reckless Driving Act classifies it as a Class 6 misdemeanor if:
Wobblers are a Class 6 felony in the Virginia Penal Code. A jury hearing the case can impose a sentence at the felony or misdemeanor level. As a result, VA Code 18.2-10. Subsection (f) provides that a Class 6 felony is punishable by one to five years in prison. Alternatively, the jury may impose a prison sentence of up to 12 months, a fine of up to $2,500, or both.
A local attorney can help those charged with reckless driving understand the potential criminal penalties. Regardless of the seriousness of the charge, a conviction naturally leads to a criminal record. A NoVa attorney could help defendants avoid this fate. Additionally, in cases involving death, an attorney could help the jury argue that the case does not merit a felony-level punishment.
Dui Attorney Virginia Beach By 757 Defence
Of course, the potential criminal penalties associated with reckless driving are severe. However, this is not the full extent of the accused’s concerns. The court must also report any criminal conviction to the Virginia Department of Motor Vehicles (DMV).
The DMV maintains driving records of all Commonwealth license holders. If a driver accumulates a certain number of errors or points on that driving record, the DMV must suspend or revoke their license.
The first step in the disciplinary process is to send a letter to the DMV requiring the driver to attend a driver refresher course. This happens when a driver accumulates twelve negative points in twelve months. Five errors can be removed from the driver file by completing this program.
Subsequent convictions can result in more severe consequences. If a driver reaches 18 points within 12 months, the DMV will impose an automatic suspension. This is done without warning and automatically. The DMV is also required to revoke a driver’s license if they accumulate 24 points in a 24-month period. It is important to defend against the goal at every opportunity. These penalties may be different for people with a CDL, underage drivers, or out-of-state drivers.
Criminal Defense Attorneys
Reckless driving is one of the most serious traffic violations that a suspect can commit.