Emporia Reckless Driving Lawyer

In the state of Virginia, reckless driving, like carrying a concealed weapon or DUI, is classified as a Class 1 misdemeanor. Unlike a normal traffic infraction, reckless driving is a criminal charge that can have far-reaching consequences on the lives of those found guilty.

Attempting to represent yourself in a reckless driving case can be risky, and more than likely, you will need the aid of an experienced Emporia reckless driving lawyer. A reckless driving lawyer can help you better understand your rights and the charges you are facing during the trial. If you are dealing with reckless driving charges, you will find the following information to be immensely helpful.

Defining Reckless Driving

Traffic laws and regulations are outlined in the Code of Virginia, and within state bounds, a motorist can be charged with reckless driving if they exceed the speed limit by more than 20 mph or drive at speeds greater than 80 mph (regardless of the posted speed limit). An individual can also be charged with reckless driving for:

  • Passing a stopped school bus
  • Attempting to pass another vehicle at a curve
  • Failure to yield right-of-way
  • Passing an emergency vehicle
  • Adhering to the posted speed limit when road conditions warrant slower speeds (ex: Driving 45 mph during an ice storm)

Realistically, the state of Virginia allows law enforcement officers to charge motorists with reckless driving if they feel that the motorist’s driving endangers the lives of others on the road. However, anytime this charge is alleged an Emporia reckless driving attorney should be consulted.

Mitigating Factors

As with any case, there will be mitigating factors that an Emporia reckless driving lawyer may be able to use to your benefit. The court views each reckless driving case differently. If you can prove the following, you could have your reckless driving case dismissed entirely:

  • Speedometer malfunction
  • A medical emergency prompted speeding
  • Casting doubt on the arresting officer’s radar calibration or judgment
  • There were no speed limit signs present (or they were not visible)

In court, an individual charged with reckless driving will also be allowed to call witnesses. If witnesses provide an alternative version of events, the court may cast doubt on the arresting officer’s perception of the reckless driving charge.

Improper Driving

According to the Code of Virginia section 46.2-869, the court has the right to reduce your reckless driving charge to “improper driving.” Unlike reckless driving, improper driving is merely considered a traffic violation, and if found guilty, the individual will be fined $500.

When electing to hire an Emporia reckless driving lawyer,  their chances of walking away with an improper driving charge increase drastically.

Reckless Driving Penalties

The severity of a driver’s punishment will depend on the charge itself, as well as their criminal record. Drivers with prior reckless driving charges will naturally face more severe legal consequences than first-time offenders. In the state of Virginia, the maximum penalty for reckless driving can include:

  • A fine of up to $2500
  • Six DMV record points
  • Suspension of driver’s license
  • Jail time

First-timers convicted of reckless driving will be required to pay a mandatory fine of at least $250. Even after paying their legal debt, drivers convicted of reckless driving often have difficulty passing background checks, finding affordable car insurance, and obtaining employment.

Hiring an Emporia Reckless Driving Attorney

Hiring an established Emporia reckless driving lawyer to help you understand your reckless driving charges can be a smart decision. A lawyer can help you comprehend Virginia’s complex legal codes, and ensure that your rights are honored at all times. Contact our law firm to discuss your reckless driving case now.