If You Are Charged With Reckless Driving Your Case Will

Saturday, 6 July 2024

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. Primarily, the main difference that makes it unique in Virginia is reckless driving is a class 1 misdemeanor. But, for example, if you are charged with a reckless over 85mph in a 55 zone, or 30mph over the speed limit, many judges, particularly in the Fairfax court, will sentence you to a 6-month suspension of your driver's license. A second or third reckless driving charge may also lead to stiffer penalties, so it's always best to prevent having that first one on your record. Reckless driving remains on your Virginia driving record for 11 years. The circumstances behind your reckless driving violation. If you are charged with reckless driving in Virginia, you may not realize the serious consequences of a conviction, or that you may have options to lessen them. Stopping on a highway. Up to 1 year jail sentence. I don't know if the Virginia state police are more likely to pull over people with out of state license plates, but sometimes it seems that way!

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However, witnesses can also be a double edged sword because they may have incriminating information. If you are convicted, you could face harsh penalties and long-term consequences in your life. If you are handicapped, understand little or no English, or need other special accommodations in court, you should always contact the court in advance. Failing to yield the right of way when entering a highway from a side street under Virginia Code § 46. For out of state drivers, this can save you time and travel expenses. With the vicinity of the major roadways, the Courts in jail will impose jail sentences and significant license suspensions where other courts may not. The Richmond Manchester or what's considered to be the south side courthouse, is a little more flexible with – their court dockets. If you don't pay on time, your license will be suspended for non-payment. A reckless driving conviction could be flagged at the border and cause you to be denied entry if you don't disclose it. One exception is that your reckless driving conviction may not impact your driving privileges in your home state, and you may not receive points against your license. Fine, jail, and getting home. If you're facing reckless driving charges, we will Fight 2 Win your case with everything we have. If you owe any money in fines and costs to the court, you have at least 30 calendar days to pay.

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One is the John Marshall Courts Building downtown; the other is across the river, the Richmond Manchester Building, which is now on Hull Street. For a free consultation call (360) 792-1000. A reckless driving charge is not the same as getting a traffic ticket. That's because it's a misdemeanor charge. Here are our tips on what to do if you are charged with reckless driving in Virginia. If the judge suspends your license, it normally gets suspended immediately upon conviction. I can usually tell people if they're set for arraignment simply based on the designated hearing time. At the Wilson Law Firm, we will conduct a thorough investigation into the circumstances surrounding your arrest and will mount an aggressive defense strategy so that you achieve the best possible outcome. Reckless Driving Answers. It admits that the Commonwealth can prove the charge, but it doesn't admit that you did in fact do what they claim. While you can argue a motion to strike or closing argument yourself, these are definitely areas where having an attorney can pay off.

If You Are Charged With Reckless Driving Your Case Will Not Work

Driving a commercial vehicle carrying a load that is subject to permit restrictions in either of the manners described above. Even if you were just fined, the other subsequent penalties could stay with you on your criminal record for years, not to mention other potential impacts on your life, like increased insurance rates. Negotiating a favorable deal with the prosecutor is usually the first line of defense in reckless driving cases. Your conviction will stay on your driving record for 11 years. You may not know the technical requirements for the police officer to prove the charge, and you may be unaware of certain defenses that may apply.

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Without proper representation, reckless driving citations could be costly. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. To obtain a restricted license, you will need to petition the court with the help of your attorney. Your vehicle's speedometer was not calibrated properly, or the radar/Lidar device was not calibrated properly. If you do speak, be sure you're actually asking him a question.

Passing a stopped school bus (VCC 46. You'll get a full-fledged trial if you want it, but it's not like you've seen on television. For example, driving 20 mph or more over the posted speed limit or over 85 mph, regardless of how far over the maximum speed limit you were driving, can result in being charged with a reckless driving offense based on the speed alone. Next up: Appealing the case…. If a defendant wishes to not resolve the matter through a Diversion or a Compromise, they always have the right to go to trial.