Attorney Yeargan regularly appears in Virginia courts to help clients charged with a Summons or traffic ticket 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.
Dismissal or Reduction of Reckless Driving Penalties
Attorney Yeargan often obtains dismissal or reduction of a client’s Reckless Driving ticket 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).
Virginia Reckless Driving Penalties
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.
Reckless Driving by Speed
In Reckless Driving by Speed cases, Attorney Yeargan recommends that the client obtain a speedometer calibration of his or her speedometer before court. The client 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 person’s point balance with the Division of Motor Vehicles.
Common Areas for Reckless Driving Charges in Virginia
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. A Reckless Driving Summons may be issued for a variety of facts, including excessive speeding, accident cases caused by faulty brakes or equipment, passing a school bus and racing.
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.
Benefits of Working With an Experienced Professional
Attorney Yeargan has handled over a thousand Reckless Driving tickets in the state of Virginia. He can explore the facts of your case and determine if dismissal of the charge is possible. 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).
Contact a Fairfax Traffic Defense Lawyer Today
For more advice on the charge of Reckless Driving, please call 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 over thirteen years of trial experience, Attorney Yeargan can help you effectively prepare your case for court.