Reckless Driving Defense in Virginia
Reckless Driving Cases
Attorney Yeargan regularly appears in Virginia courts to help clients charged with the misdemeanor offense of Reckless Driving. The charge of Reckless Driving is a Class One Misdemeanor, punishable by a maximum of 12 months in jail and/or a fine of up to $2,500.00. The Defendant's privilege to drive may also be suspended for up to six months. The courts may grant a restricted license to someone convicted of a Reckless Driving charge. This restricted license allows the client to drive for work, school, the Alcohol Safety Action Program, church activities and child care.
Attorney Yeargan often obtains dismissal or reduction of a client's Reckless Driving charge to a traffic infraction. Results in court depend on the facts of the traffic stop and a client's driving record. §46.2-869 of the Virginia Code allows a charge of Reckless Driving to be reduced to the traffic infraction of Improper Driving, "where the degree of culpability is slight." A prosecutor (Commonwealth Attorney) may reduce the charge to Improper Driving by plea agreement with the Defendant. A judge also retains the power under that Code Section to reduce the charge to Improper Driving after a full trial on the merits of the case. Improper Driving is punishable by a fine of up to $500.00 (no license suspension or jail time).
If convicted of Reckless Driving, six points are deducted as a demerit on the Defendant's driving record. Improper Driving carries a demerit deduction of only three points. A six point demerit can cause insurance rates to increase considerably, and may hinder the acquisition of security clearances and employment. A Reckless Driving conviction also stays on the Defendant's Virginia driving record for eleven (11) years. Convictions for Improper Driving stay on the Virginia driving record for three years.
In Reckless Driving by Speed cases, Attorney Yeargan recommends that the Defendant obtain a speedometer calibration of his or her speedometer before court. The Defendant may also consider completing a driving improvement course before the court date. This can be done voluntarily every two years and it adds five positive points to the Defendant's point balance with the Division of Motor Vehicles.
State Troopers in Virginia regularly charge Reckless Driving on the following highways and roads in Virginia: Interstate 95, Interstate 66, Interstate 81, the Beltway, Route 50, and Route 28. County police also patrol the local roads in each locality. Charges may stem from excessive speeding to accident cases caused by defective equipment. In Virginia, the police use radar, lidar (a laser system), and/or pace to determine the speed of a driver. Virginia law requires that the police calibrate the equipment used to determine speed of the accused. Attorney Yeargan assists clients with challenging the accuracy and proper use of this equipment by State Troopers and County Police.
For more advice on the charge of Reckless Driving, please call 703-352-9044 to speak directly with Attorney Yeargan. He can help you evaluate the facts and develop a strategy for possible reduction or dismissal of the case. With over ten years of trial experience, Attorney Yeargan can help you effectively prepare your case for court.
This is a short list of the many offenses contained in the Code of Virginia and excludes many other types of cases handled by this law firm. It is important to retain competent counsel early in the criminal trial process, especially in felony cases. Attorney Yeargan encourages prospective clients to contact him early before trial in misdemeanor cases and before the preliminary hearing in felony cases.
CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.
