Reckless driving is more than just a "traffic ticket.” It is a serious crime that can have life-changing consequences. Allegations of this crime can result in criminal convictions, fines, or even jail time.
Here is a broad overview of what constitutes a reckless driving charge in Virginia, the potential punishments you might face, and various strategies for defending yourself at trial.
Overview of Virginia’s Reckless Driving Laws
You could be charged with reckless driving if you are accused of:
- Street racing
- Exceeding 80 mph or going at least 20 mph over the speed limit
- Engaging in any driving behavior that endangers the lives of others
- This qualification allows for a broad interpretation of reckless driving. For example, erratic lane changing, aggressive driving, and driving with faulty brakes or tires can all be classified as reckless behavior.
Penalties for Reckless Driving Convictions in Virginia
- Fines of up to $2,500
- Jail time up to one year
- Suspension of your driver's license for up to six months
- Six demerit points added to your driver's license, which can remain on your record for up to 11 years
Beyond the legal consequences, a reckless driving conviction can impact your car insurance rates, and it could even affect future employment opportunities.
How to Avoid Reckless Driving Accidents and Tickets
To avoid reckless driving accidents and tickets, there are some actions you can take.
- Obey traffic laws and road signs.
- Abide by speed limits.
- Avoid unnecessary lane changes.
- Always be aware of your surroundings when driving.
- Stay alert and focused, and avoid distractions such as texting or eating.
- Keep a safe distance from other drivers.
- Maintain your vehicle and regularly check for mechanical issues.
- Be a defensive driver. Always anticipate the actions of other drivers and plan accordingly.
- Consider educational courses designed to help you improve your driving habits and reduce accidents. Organizations such as the Virginia Driver Improvement Program and the National Safety Council offer such courses. A record of completing these courses can also help in a court case.
Steps to Take if You’ve Been Charged with Reckless Driving in Virginia
Your first step is to hire an attorney who can guide you through the legal process and protect your rights. Together, you can discuss strategies for beating these charges.
Here are some common ways to dispute a reckless driving charge in court:
Unreliable witness testimony: Often, reckless driving charges rely on the testimony of eyewitnesses. If you can show that the witness testimony is unreliable or contradictory, you may be able to cast doubt on the prosecution's case.
Challenging the evidence: The prosecution may use evidence such as dashcam footage or speedometer readings to support their case. However, this evidence may be inaccurate or unreliable. By challenging the accuracy of the evidence presented, you may be able to weaken the prosecution's case.
Procedural errors: The police must follow certain procedures when making a reckless driving arrest. If they fail to follow these procedures, it could result in the dismissal of the charges against you.
Andrew J. Cornick, Attorney at Law is here to defend you against traffic offense accusations. If you need help, contact us online for a free consultation, or call us directly at (540) 386-0204.