Attorney Yeargan regularly appears in Virginia courts for clients charged with a Summons or traffic ticket of misdemeanor Reckless Driving. He has 26 years of experience in Virginia traffic and criminal courts and is devoted to obtaining the best results for his clients. The vast majority of the cases the lawyer handles are either dismissed or reduced to a traffic infraction. This protects the client's criminal record, driving record, insurance rates, employment opportunities, security clearances, and immigration status.
The charge of Reckless Driving is a Class 1 Misdemeanor, punishable by zero to 12 months in jail and/or a fine of up to $2,500.00. The driver's license privilege may also be suspended for up to six months in Virginia. It is a six point demerit conviction and stays on the driving record for 11 years.
Dismissal or Reduction of Reckless Driving Penalties - What Result Is Possible in Court?
Attorney Yeargan often obtains dismissal or reduction of a client's Reckless Driving ticket to a traffic infraction. Traffic Infractions are non-criminal offenses. They do not go on your criminal record and are punishable only by a fine, not license suspension. Results in court depend on the facts of the traffic stop, the client's driving record, and mitigation efforts (community service and/or driving courses) performed by the client after the stop. The vast majority of the Reckless Driving cases defended by the law firm result in dismissals or reductions to a traffic infraction.
Examples of Traffic infractions:
1. One example of a traffic infraction is Improper Driving. §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 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). It is a non-criminal offense and carries three points with the Virginia DMV.
Improper Driving does not appear on a driving transcript for Maryland drivers. The Maryland Motor Vehicle Administration does not recognize the offense. Maryland does not have a similar code statute. Please take note of this fact if you are licensed in Maryland.
2. County Code Violations. Attorney Yeargan has also achieved dismissal or reduction of the Reckless Driving charge to county code violations that do not go on the driving record. Failure to Pay Full Time and Attention is an example of this county code. Reductions to this offense are helpful because the insurance company for the driver is not notified of the conviction (your rates won't go up!). There are no points assessed for this conviction. The County Code provision in Fairfax County is 82-4-24.
3. Dismissal for Driving School. Prince William County (Manassas area), Rappahannock County and Fauquier County allow clients in certain situations to attend driving school for complete dismissal of the Reckless Driving charge. If given the opportunity, the client will be required to pay court costs, complete the driving school class, and submit the course certificate to the court. It is recommended that the client do the class before court. The case is dismissed for successful completion of the class and the client avoids any points or conviction reported to the DMV.
4. Speeding or Speeding in a Work Zone. In high-speed Reckless Driving cases approaching 100 mph, the law office has negotiated reductions of the charge to Speeding, a traffic infraction with a maximum $250 fine. The attorney has also reduced high speed charges to Speeding in a Work Zone under Virginia Code section Virginia Code §46.2-878.1. This is a traffic infraction that carries a maximum fine of $500.00. The court may not impose a license suspension or jail sentence for either Speeding or Speeding in a Work Zone.
The agreements usually require completion of community service hours. The law office encourages clients charged with high speed Reckless Driving cases to complete community service hours before court and get a letter from the non-profit entity certifying the hours performed. Contact a lawyer well before court to determine if it is appropriate in your case!
Virginia Reckless Driving Penalties
If convicted of Reckless Driving, six points are deducted as a demerit on the Defendant's driving record. 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 the traffic infraction of Improper Driving stay on the Virginia driving record for only three years and it is a three point demerit. Please see the website Guide to Virginia DMV point System.
Please note that a Reckless Driving conviction stays on a criminal record permanently and may not be removed. If the Reckless Driving charge is amended to Improper Driving or any other traffic infraction, the conviction is not reported on your criminal record.
Reckless Driving by Speed (20 mph over the limit or over 85 mph) - Prepare for Your Case Before Court
Reckless Driving by Speed is charged when the driver is traveling 20 miles per hour or more over the speed limit or over 85 mph. In Reckless Driving by Speed cases charged under Virginia Code §46.2-862, Attorney Yeargan recommends that the client obtain a speedometer calibration of his or her speedometer before court. Virginia Code §46.2-942 allows a notarized speedometer calibration to come into evidence to be considered both for guilt or innocence and for fixing punishment. A speedometer calibration is done by testing the accuracy of the vehicle's speed display with a device called a dynamometer. This can be useful as mitigating evidence if the speedometer shows a false reading, leading the driver to rely on a lower display. The prosecutor and/or judge may consider this when making a determination to reduce or dismiss the case. The law office encourages clients to take their vehicle to Advanced Automotive or M&M Collision in the Fairfax County area or to any reputable shop that knows how to use a dynamometer and will provide the notarized statement needed for court.
Drivers in Virginia start off with a zero point balance when they get a new license. The Virginia DMV awards one point each year that the driver does not get a conviction (awarded in early April of each year). Plus five points (+5) is the best point balance that a driver can have in Virginia. This type of driving record is a very positive factor that a prosecutor or judge may consider when making a decision about the case.
If the client has any convictions on their driving record, he or she may also consider completing a driver improvement course before the court date. This can be done voluntarily once every two years and it adds five positive points to the person's point balance with the Division of Motor Vehicles. It can be done online or in person in Virginia. Those with a negative DMV point balance may want to explore this option to improve their driving record before court. Ask a lawyer if it is appropriate in your specific set of circumstances.
The attorney advises all clients to get a current copy of their driving record from the Division of Motor Vehicles after they complete the driver improvement course. The course completion will then be shown on the record and the plus five points added to their official point balance. A Virginia driving record may be ordered at the Virginia Division of Motor Vehicles website.
Common Areas for Reckless Driving Charges in Virginia
There are 1,118 miles of Interstate Highways in Virginia. State Troopers in Virginia regularly charge Reckless Driving on the following highways and roads in Virginia: Interstate 95, Interstate 64, Interstate 66, Route 286 the Fairfax County Parkway, Route 7 leading to Leesburg, Dulles Greenway, Interstate 81, 495 "the Beltway", Interstate 395, Route 50, Route 610/Garrisonville Road in Stafford, Route 1, Route 3 in Fredericksburg, Route 17 leading to Warrenton, and Route 28. National Park Police patrol such highways as Skyline Drive and George Washington Memorial Parkway. County and City police also patrol the local roads in each locality, such as the Fairfax County Parkway (Route 286).
A Reckless Driving Summons may be issued for a variety of facts, including excessive speeding, faulty brakes or equipment with accident, passing a school bus, failure to yield to an emergency vehicle, driving with an obstructed view, passing at a railway crossing, and racing.
In Reckless Driving accident cases charged under Virginia Code §46.2-852, a plea of guilty may be used against the driver in a later civil lawsuit for personal injury. It is especially important in these cases to retain an attorney with experience in the civil ramifications of traffic accidents. Attorney Yeargan will often plead not guilty and try the case with the judge or devise creative resolutions to the charge to avoid a harmful plea of guilty on the court record. This helps the client if he or she is later sued for large monetary damages related to the car crash.
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 laser and radar equipment used to determine speed of the accused and present an original or "true copy" of the calibration certificate in court. The law requires that officer calibrations be dated within six months of the date of the stop and be properly executed under Virginia Code §46.2-882. Attorney Yeargan assists clients with challenging the accuracy and proper use of this equipment by State Troopers and County Police. Improper/Defective calibrations or certificates presented in court may result in charges being dismissed for lack of proof by the arresting officer.
Benefits of Working With an Experienced Professional
Attorney Yeargan has handled well over a thousand Reckless Driving tickets in the state of Virginia. His experience gives him unique insight into the prosecutors and judges that handle these charges in Northern Virginia. The office has an excellent working relationship with the Court system and will protect your driving record. He can explore the facts of your case and determine if dismissal or reduction of the charge to a traffic infraction of the charge is feasible.
The law firm is regularly consulted on high speed cases over 100 miles per hour, where the potential for jail time increases significantly. A high percentage of the tickets handled by Attorney Yeargan have been dismissed or reduced to Improper Driving, Speeding, Defective Equipment, or a County Code charge of Failure to Pay Full Time and Attention (which is not reported as a conviction to the Division of Motor Vehicles).
Attorney Yeargan often appears in court on the charge without the client having to attend court. In most cases, the client can sign an Authorization Form allowing the lawyer to appear in court on their behalf to negotiate a good outcome. For example, if a driver gets a ticket for Reckless Driving by Speed in Fairfax County and the speed is less than 90 miles an hour, the person generally does not need to come to court. When you call the office, request that the lawyer draft this document if you can't take off work to go to court.
Contact a Fairfax Traffic Defense Lawyer Today - Experienced Representation in Fairfax County, Prince William County, and other locations in Virginia
For more advice on the charge of Reckless Driving, call 703-352-9044 or send an online message 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 26 years of trial experience in Fairfax County (including the Town of Vienna, Town of Herndon, Fairfax City, Falls Church), Prince William County (including Woodbridge, Quantico, Haymarket, Manassas, Manassas Park), the City of Alexandria, Loudoun County, Arlington County, Stafford County, Caroline County, Fauquier County, Hanover County, Clarke County, Shenandoah County, Warren County, Greensville County, the City of Richmond/Henrico area, and other locations in Virginia, Attorney Yeargan can help you effectively prepare your case for court.
- Reckless Driving Defense Strategies
- Reckless Driving Penalties
- Virginia Reckless Driving Laws
- Reckless Driving Charges and CDL Holders in Virginia
- Reckless Driving in Virginia: Faulty Brakes or Vehicle Not Under Control
- Reckless Driving-Failure to Yield to Emergency Vehicles ("Move Over" Law)
- Reckless Driving Defense in Shenandoah County, Virginia
- Court Procedures for Reckless Driving in Shenandoah County, Virginia
- Do I Need to Appear in Court for My Reckless Driving Case in Shenandoah County?
- Reckless Driving Defense in Warren County, Virginia
- Reckless Driving Defense in Stafford County, Virginia
- Reckless Driving Lawyer in Clarke County, Virginia
- Reckless Driving Lawyer in Fauquier County, Virginia
- Do I Need to Appear in Court for My Reckless Driving Case in Fauquier County?
- Court Procedures for Reckless Driving in Fauquier County, Virginia
- Reckless Driving Lawyer in Rappahannock County, Virginia
- Fairfax County Court Procedures for First Offense Reckless Driving Charges