You could be at the mercy of the judge to issue whatever sentence he decides. Jail or Prison Sentence – In serious cases, or if you have prior convictions, you are in danger of receiving the maximum punishment or fine. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. There are a few courses available online here and here.
Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. Driving two abreast in a single lane (46. Driving too fast for traffic or highways conditions under Virginia Code § 46. If the judge finds the evidence is enough to support some conviction (either reckless driving or a lesser offense, like improper driving), he'll need to impose a sentence. Driving recklessly or in a manner to endanger the life, limb, or property of another person under Virginia Code § 46. Many people in Virginia have government jobs with security clearance requirements, and a criminal record could be a violation of your employment contract. Typically, however, someone charged with Reckless Driving will be released on a summons-meaning that you're free to go after signing the summons that promises that you will appear on your court date. Reckless driving is a misdemeanor in our state. They represent the Commonwealth in prosecuting crimes, like reckless driving. General District Courts are somewhat informal, especially compared to Virginia Circuit Court. If you don't pay on time, your license will be suspended for non-payment.
Any statements you make could be used against you in court. Having an attorney is often beneficial because they will be well-versed in the laws of Virginia. If your case is not set for arraignment, it will be set immediately for trial (or an "adjudicatory" hearing). Michael: In the City of Richmond, there are two primary courts that hear these cases. Were you charged with reckless driving or another type of traffic offense? More common VA reckless driving charges include speeding over 80 mph, speeding 20 miles per hour over the speed limit, street racing, and driving too fast for the current highway and traffic conditions.
This could result in the charges against you being dismissed or reduced to a less serious offense through a plea bargain with the prosecutor. If you are handicapped, understand little or no English, or need other special accommodations in court, you should always contact the court in advance. The options available to you for mitigating a reckless driving charge will depend on the unique circumstances of your case. They are equivalent to the DA or "District Attorney" that some states have. If you are charged with reckless driving, your case will most likely be presented to a A. court of limited jurisdiction. And if a critical piece (such as radar calibrations) was omitted, we should win! If you owe any money in fines and costs to the court, you have at least 30 calendar days to pay. Speeding – Driving 80 MPH (VCC 46. No contest – not fighting the evidence, but not admitting guilt. Reckless driving cases, when heard in the Loudoun County General District Court, are always heard by a judge and never by a jury. Pleading not guilty doesn't mean you're innocent. This is especially true in high speed cases, cases involving repeat offenders or when drugs, alcohol or distracted driving is involved. An initial consultation on your reckless case is absolutely free, and we'll tell you exactly what we would charge you for representation, and what you will save by hiring a lawyer to get the charges reduced.
However, this does not mean that Virginia's reckless driving is not a serious charge. They need to have all the pieces on the table. Do you need help fighting a reckless driving charge? 3: Hire an Attorney. Where do police officers most often look for reckless drivers? I recommend at least business casual attire. All that will be evidence at trial if it helps the prosecution.
Reckless Driving Charges. Speeding – Driving 20 MPH over the posted speed limit (Virginia Criminal Code Section 46. Passing at a railroad crossing under Virginia Code § 46. There are times when you believe you have a valid explanation for your actions, but in many cases, what you believe to be a rational reason for your actions is not a legal defense. Rental car agencies may refuse to rent you a car. They can be if they're under the influence of alcohol but not charged with DUI or if the officers feel that the person will disregard the summons and not show up to court. Of course a lot is going to depend upon what is written in the Police officer's narrative in the Police report and your past driving history. Here are the ways in which you can violate the statute: As we can see the first two options create a lot of grey area and room for interpretation and discretion on the part of the Police officer when doing a traffic stop. In that case, the officer will look at factors like your speed, weaving, tailgating, passing illegally or without enough room between vehicles, driving outside your designated lanes of travel, failing to yield right of way, and making rude hand gestures or using your vehicle as a weapon. Typically drivers are not arrested in reckless driving cases. Highways had the appropriate number of lanes to permit the act. Make the right choice and contact our experienced Fairfax traffic law attorneys today to schedule your free, no-obligation consultation. Is it possible for different officers to interpret that standard in vastly different ways? Some of them are very clear cut and straightforward.
Additionally, a ticket for reckless driving will add six points onto your Tennessee driver's license, possibly affecting your insurance rate.