Virginia Beach Reckless Driving Lawyer
Reckless driving is one of the more common traffic or vehicle-related offenses individuals commit and often accompanies another crime such as a DUI. If you're curious about reckless driving penalties or find yourself embroiled in a reckless driving case, today's blog will help you understand what to expect from a reckless driving charge.
At The Law Offices of Daniel J. Miller, our Virginia Beach reckless driving attorney helps clients in Virginia Beach, Norfolk, Chesapeake, and all of Hampton Roads to navigate criminal defense cases, including DUI and reckless driving disputes.
Schedule a consultation with a reckless driving defense lawyer and receive the experienced, compassionate legal representation you deserve. Contact us online or at (757) 267-4949 today!
What Is Reckless Driving?
Under the Code of Virginia, reckless driving is actually listed as a criminal offense instead of a moving violation.
Section 46.2-852 defines reckless driving as operating a vehicle "Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving."
Essentially, reckless driving is a kind of "catch-all" offense intended to penalize drivers who put other individuals at risk by operating a vehicle carelessly.
It's important to note that "reckless driving" is not the same thing as speeding. Speeding is a traffic infraction, while reckless driving is a criminal offense.
Going above the speed limit may result in a speeding ticket. However, going more than 20 miles per hour (mph) beyond the listed speed limit on a road (or more than 80mph on any road, including the highway) could result in a more severe reckless driving charge.
Some common examples of behaviors that can result in a reckless driving charge include:
- Engaging in "street racing" with other drivers on the road;
- Surpassing the speed limit by 20mph or going 80mph regardless of speed limits (as mentioned above), or exceeding the limit that would be safe for given traffic conditions (an individual could receive a reckless driving charge for going 65mph on a 75mph road if conditions such as ice or rain made doing so dangerous);
- Operating a vehicle the driver knows is unsafe in some way (possesses faulty brakes or broken lights, for example);
- Illegally passing another car in a dangerous manner, such as passing while going up a hill or around a curve on a two-lane road;
- Driving a vehicle that is "overloaded" (i.e., is carrying too much weight or objects), or one that obstructs the road for other travelers;
- Engaging in other acts that could endanger drivers, such as failing to stop for stop signs, refusing to utilize turn signals, etc.
What Are the Penalties for Reckless Driving in Virginia?
If you a court convicts you of reckless driving, you can expect:
- A fine of up to $2,500;
- Six demerit points on your driver's license (after reaching 12 points in a year or 18 points in two years, the Virginia Department of Motor Vehicles (DMV) will issue a license suspension to the driver, who must then attend a Driving Improvement Clinic to receive their license again);
- A jail sentence of up to a year;
- Up to a six-month license suspension;
- A criminal record.
Reckless driving is a class 1 misdemeanor, meaning that individuals convicted of reckless driving can potentially receive an expungement to remove the charge from their record.
How the court rules in reckless driving cases largely depends on the circumstances of the case. Factors such as whether the accused has a record of previous reckless driving charges or other offenses like DWI could change the severity of the penalties.
For more information, click below to see how a Reckless Driving charge can affect your driving privileges.
Contact The Law Offices of Daniel J. Miller Today!
At The Law Offices of Daniel J. Miller, our Virginia Beach reckless driving lawyer helps clients navigate complex family and criminal law disputes. Our attorney is skilled in fighting criminal charges and can assist you by collecting witness statements, subpoenaing witnesses to testify in court, and can be an expert you can rely on to help you understand your options.
Schedule a consultation with a reckless driving defense attorney – contact us online or call us at (757) 267-4949!
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Mr. Miller is phenomenal. You can sense that he genuinely care about your case. He realizes how much a case can impact a person for the rest of their lives and will try to do anything from his knowledge, experience, and will power to help you get the best results. Words can not describe how I am so pleased to have gone through with my case with Mr. Miller. I will never forget him and I will recommend anyone to him.- Client
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I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.- C. Dickens
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Mr. James Weaver and his team are true professionals. From the start, he was honest and straightforward. He always stayed positive with me and kept me calm when I thought everything was going horrible. Mr. Weaver got me the best outcome possible in my situation. I highly recommend him to anyone looking for a great lawyer.- S. Bohrer
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I was very nervous when I had to go to court over a traffic accident I was recently involved in. Dan put me at ease almost immediately with his knowledge and tenacity. By the time Dan was finished questioning the other people involved in the accident I did not even have to testify (which was the major source of my nervousness). My innocence was clear to everyone in the room, thanks to Dan. Would definitely use him again and recommend him to others. Aside from his performance during the hearing he was very easy to contact and always kept appointments with me. He also answered all of my questions patiently and with understanding.- Client
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Mr. Miller and his team worked diligently on my case and I am forever truly greatly. It was a long process but with prayer and fasting, I had faith in Mr. Miller and his team to get the results that I prayed for. They were straight forward and very patient at the same time. My husband is the one who search for lawyers/attorneys and Mr. Miller was the first and only choice. I can't say enough how grateful I am for all your hard work and fight that you did behind the scenes. God bless you Mr. Miller and your whole team.- M. Sellers
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