
A: Much like with the question about being incarcerated, the answer to this question is maybe. Some motorists who are found guilty of Reckless Driving in Virginia receive jail sentences, but others don't. Just like with all the other cases which come before a Virginia court, the court will weigh several factors in order to determine the appropriate punishment for any given case. The court will look to the various facts and circumstances of the particular case, and after considering a variety of factors, including the danger to the public presented by the specific driving behavior involved, any property damage or personal injury caused and the driving history of the motorist.
For example, simply passing another vehicle on a double yellow line which did not cause an accident, and passing on a double yellow line and causing an accident in which someone was injured or killed could both be the basis of a Reckless Driving conviction in Virginia. However, for obvious reasons, they would likely result in different punishments being imposed by a Virginia court.
Similarly, driving at 85 mph on the interstate in the middle of the night with no other traffic on the road, and driving at 85 mph through a residential neighborhood could both support a Reckless Driving conviction in Virginia, but again, would likely result in different punishments being imposed by .
Lastly, assume two motorists, one behind the other, committed the same offense at the same time - whether it be passing a stopped school bus, speeding 20 mph over the speed limit or passing on a double yellow line - and both were convicted of Reckless Driving in Virginia. However, assume one offender had a spotless driving record, had never been pulled over in 20 years of driving and had a +5 point balance with the Virginia DMV, and the other offender, despite only having been driving for 3 years, had already accumulated several convictions for Speeding in Virginia and had a -10 point balance with the Virginia DMV. Even though these two offenders committed the exact same offense under the same circumstances, the significant difference in their driving records would likely cause a Virginia court to impose very different punishments.
Motorists who engage in more dangerous behavior in Virginia, cause personal injury and property damage in Virginia, have previously been convicted of moving violations and have negative point balances with the Virginia DMV are more likely to have the court impose a license suspension than motorists who commit less serious and less dangerous offenses in Virginia, don't cause personal injury or property damage in Virginia, and have clean driving records and positive point balances with the Virginia DMV.
If you have been accused of a Virginia Reckless Driving offense, Manassas, Virginia Reckless Driving Lawyer, T. Kevin Wilson and The Wilson Law Firm can help you.
The Wilson Law Firm
DUI, Criminal & Traffic Defense ...When Results Matter
We have helped thousands of clients - and we can help you, too.
(703) 361-6100 / (540) 347-4944
Toll Free
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The Wilson Law Firm
DUI, Criminal & Traffic Defense ...When Results Matter
We have helped thousands of clients - and we can help you, too.
(703) 361-6100 / (540) 347-4944
Toll Free
(888) DUI-LWYR
(888) 384-5997
The Wilson Law Firm
9300 Grant Ave, Suite 301
Manassas, VA 20110-5073
Phone: (703) 361-6100
(540) 347-4944
Fax: (703) 365-7988
Toll Free: (888) DUI-LWYR
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The Wilson Law Firm
9300 Grant Ave, Suite 301
Manassas, VA 20110-5073
| Phone: | (703) 361-6100 (540) 347-4944 |
| Fax: | (703) 365-7988 |
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