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An Educated Client is the Best Client - Get Your Virginia DUI Questions Answered Here

Many people who have been cited for reckless driving or arrested for drunk driving in Virginia have common questions, and our Manassas DUI defense lawyers developed this section on our website to educate, inform and help you through this difficult time. When you are facing a challenging case, look for your answers here. If you cannot locate the answer to your specific question, please give us a call, and our qualified Northern Virginia criminal defense attorneys will answer your legal questions.

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  • What does nolle prosequi mean in a Virginia reckless driving case?

    Wooden Gavel Used in a Nolle Prosequi Case“Nolle prosequi” (also referred to as “null prosse”) is a Latin phrase that is often translated as “will no longer prosecute” or “not prosecute.” 

    Typically, the prosecutor will request a nolle prosequi to the court if the prosecutor believes that there is insufficient evidence for a conviction, if a witness is unavailable, or if the case should be dismissed, but the government wants to appear to be fighting every reckless driving charge aggressively.

    If the court grants the prosecutor’s nolle prosequi request, then the defendant who was charged with reckless driving will not face any immediate legal consequences. Technically, however, the Commonwealth of Virginia is reserving the right to bring back the case or reinstate the charges in the future. Fortunately, the government rarely brings the charges again and if the government chooses to do so then the government must act before the statute of limitations expires.

    It is important to note that a nolle prosequi is not the same as a dismissal of your case. If the charges against you are dismissed then the case against you is over and the Commonwealth cannot reinstate the charges and attempt to prosecute you for the same crime (arising from the same incident) again.

    Let a Reckless Driving Defense Lawyer Help You Get the Outcome You Deserve

    Reckless driving cases can be complicated. There are a lot of factors that could influence how the government wants to handle your case and the potential outcome of your reckless driving case—it is your future that is at stake.

    Let an experienced reckless driving defense lawyer represent you and make sure that your legal rights are protected. Contact The Wilson Law Firm today to schedule a free consultation with an experienced reckless driving defense lawyer who will take the time to explain all of your legal options to you and who will fight hard to make sure that you are treated fairly. We can help you face the future with the certainty that comes with knowing how your reckless driving case will be resolved.


  • Can I get a continuance in my reckless driving case?

    Red Clock Representing a Continuance in a Reckless Driving Case in VirginiaA reckless driving charge was not what you had planned. You recognize that you are going to have to defend yourself against this criminal charge, but you have a really good reason for not going to court on the day that your case is currently scheduled.

    However, simply failing to respond to your summons by not showing up in court on the appointed day could make the situation worse. As you face jail time, financial fines, and a potentially permanent criminal record, you need to do everything in your power to protect your legal rights.

    Delay Your Reckless Driving Court Date If Necessary

    The Virginia court system recognizes that you might have a good reason for needing to reschedule your court date. You could, for example, be:

    • Receiving medical care that makes your attendance in court very difficult.

    • In the process of hiring a reckless driving defense attorney.

    • In the military.

    • In a situation where a key witness for your case is unable to attend the court date for a good reason.

    If one of these reasons, or another good reason, exists then you or your attorney may ask the court for a continuance in your Virginia reckless driving case.

    A Continuance Won’t Delay Your Reckless Driving Case Forever

    Instead, if the court grants your motion to continue then your case will be delayed to a future date when the officer who charged you with reckless driving is scheduled to appear in court. This may delay your case for a few weeks or months depending on the reason for your continuance and the police officer’s court schedule.

    As with anything having to do with your reckless driving charge, it is important to consult with an experienced reckless driving lawyer as soon as possible. Let your attorney know the reasons why you are seeking a continuance. Your lawyer will let you know whether you should pursue a continuance. If your lawyer thinks that you should pursue a continuance, then he will draft the motion to continue and present it to the court.

    To learn more about this, or about any aspect of your reckless driving case in Virginia, please contact The Wilson Law Firm today via this website or by phone. We would be happy to provide you with a free, no-obligation consultation.


  • How long can my insurance premiums go up for if I’m convicted of reckless driving in Virginia?

    Increasing Car Insurance Rates After a Reckless Driving ConvictionYou have a lot to worry about after a Virginia reckless driving conviction. You may have to serve jail time, pay a fine, and face a license suspension. Your car insurance may not be your primary concern. However, it is something that you need to think about.

    Good News and Bad News About Car Insurance After a Reckless Driving Conviction

    First, let’s talk about the good news. Virginia insurance law specifically provides that, “No insurer shall use any information pertaining to any motor vehicle conviction or accident to produce increased or surcharged rates above their filed manual rates for individual risks for a period longer than 36 months. This period shall begin no later than 12 months after the date of the conviction or accident.” In other words, a car insurance company can only increase your premium for a three-year period after your conviction.

    Next, let’s consider the potential cost. Over those three years, your car insurance may go up by more than 200 percent. The insurance company may consider your reckless driving conviction, previous driving record, age, and other factors to determine the specific amount that your premium will increase. However, an insurance increase after a reckless driving conviction may not always happen and can vary from insurance company to insurance company.

    The Best Way to Avoid Reckless Driving Penalties Is to Avoid a Conviction

    It is easier to try to avoid a conviction before it happens than it is to undo the consequences of that conviction later. If you have been accused of reckless driving, then it is important to talk to an experienced reckless driving defense attorney as soon as possible about your rights. The cost of hiring a lawyer may be much less than the potential financial and emotional costs of a reckless driving conviction.

    Please call The Wilson Law Firm today to learn more about what you can do to protect yourself from the potential consequences of a reckless driving conviction. We would be pleased to provide you with a free consultation so that you can make an informed decision about your future.


  • Who enforces reckless driving laws in Virginia?

    Local Police Pulling Over a Car for Reckless DrivingBoth local and state police can enforce reckless driving laws in Virginia. Typically, the authority of the local police is limited to the jurisdiction of that police force. For example, an officer from the Manassas Police Department has the authority to charge you with reckless driving within the City of Manassas, an officer from the Prince William County Police Department has the authority to charge you with reckless driving within Prince William County, and an officer with the Virginia State Police can charge you with reckless driving in the Commonwealth of Virginia.

    Take All Reckless Driving Charges Seriously

    Whether your ticket was issued by a local police officer, a county police officer, or a state trooper, you are facing criminal charges in Virginia and the procedures for protecting your rights are the same.

    The piece of paper that you were given when the officer pulled you over is not a ticket. It is a summons, and it will tell you the date, time, and specific courthouse where you are to report to address the charges against you.

    The crime that you face is likely a Class 1 misdemeanor—which is the most serious type of misdemeanor in the Commonwealth of Virginia. The consequences for being convicted of Class 1 misdemeanor include possible:

    • Jail time

    • Fines

    • License suspension

    • Demerit points on your driving record

    • A permanent criminal record

    • An increase in insurance premiums

    • A loss of security clearance

    Other consequences are also possible.

    However, reckless driving consequences are not always inevitable once you are charged with the crime. An experienced reckless driving lawyer can investigate the facts of your case and present any valid defenses so that you do not have to bear the burden of penalties for a crime that you did not commit.

    To learn more about your rights and your potential defenses, please schedule a free, no-obligation consultation with The Wilson Law Firm today. We can be reached by phone or via this website at your convenience.


  • What kind of lawyer do I need if I get a ticket for passing a stopped school bus in Virginia?

    Section §46.2-859 of the Virginia Code makes it a crime to pass “…any school bus which is stopped on any highway, private road, or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons,…” Specifically, Virginia law says that anyone who is guilty of passing a stopped school bus in this way is guilty of reckless driving.

    You Need a Reckless Driving Defense Lawyer

    If you have been accused of passing a stopped school bus, then you have been accused of a crime and you need a criminal defense lawyer with experience defending drivers who have been accused of reckless driving.

    You have not been given a traffic ticket and the penalties you face are not purely financial. In addition to a fine, you may face potential jail time, demerit points on your driver’s A Small Child Getting on a School Bus in Virginia license, suspension of your driver’s license, increased insurance premiums, and other serious consequences. If you are convicted then your criminal record may be permanent.

    For these reasons, it is important to hire an attorney who has experience with reckless driving criminal defense cases. An attorney who handled your speeding ticket, parking violation, or another civil matter may not be the best choice for handling your criminal case.

    For more than two decades, Attorney T. Kevin Wilson has been representing people in criminal traffic-related cases. He knows what questions to ask, what evidence to gather, what arguments to make, and what advice to give each individual client who faces a traffic-related crime.

    If you would like to learn more about the charges you face, the potential consequences of these charges, and the steps that you can take to protect your recovery, then please contact The Wilson Law Firm today to schedule your free, confidential, no-obligation consultation with an experienced reckless driving defense lawyer. We would be happy to discuss any potential defenses to the crime of passing a stopped school bus and how best to protect your future.


  • I’m so embarrassed by my reckless driving arrest. Who is going to know about this?

    A Woman Reading a Newspaper About Reckless Driving ChargesIt depends. People can find out about your reckless driving arrest in different ways. While you can’t prevent everyone from knowing about your arrest, it is helpful to understand how people may learn about it so that you can control the situation to the best of your ability.

    Different Ways to Learn About a Reckless Driving Arrest

    Someone can learn about a reckless driving arrest by:

    • Reading the newspaper. While your arrest is unlikely to make the nightly news unless you were in a major accident, the local paper could have a list of arrests and traffic tickets. If you are over the age of 18 your name may be printed along with the date and time of your arrest and the specific charges that you face.

    • Asking you directly on a job application. A future employer may ask about your criminal past on a job application. Read the question carefully and answer it honestly. Many applications ask about criminal convictions and not about arrests. If you were acquitted or the charges against you were dropped, then you were not convicted of reckless driving.

    • Conducting a background check. It is possible that a reckless driving conviction could show up in a security check or a background check run by an employer.

    Additionally, people may find out about your arrest by word of mouth. If one person read about it in the paper or saw you get pulled over they may tell other people.

    Be Honest About Your Reckless Driving Arrest

    It might not be easy, but it is almost always better to be honest about your reckless driving arrest than it is to lie about the situation. If you lie and you are caught in that lie, then your integrity will be questioned along with your driving ability.

    That said, it can be very difficult to be judged for your driving ability and you may be very uncomfortable with your reckless driving arrest. While we can’t promise you that everyone will understand the circumstances that led to your arrest, we can promise you that we will not judge you based on your arrest. Instead, we will work hard to see that the law is fairly applied to you and that you don’t suffer greater legal consequences than you deserve.

    To learn more, please join us for an initial, judgment-free meeting to learn about your rights and about how to protect them. Call us or contact us via this website to schedule your meeting today.


  • I was in an accident and the other person is claiming that I was driving recklessly. Does this mean that I’m facing criminal charges?

    Virginia Police Officer Writing a Reckless Driving TicketReckless driving is a crime in Virginia. However, another citizen cannot charge you with a crime. If you face criminal charges for reckless driving, then those charges will come from the Commonwealth of Virginia.

    How to Know If You Face Criminal Reckless Driving Charges

    You may not be read your Miranda rights or be taken into police custody if you are charged with reckless driving. Instead, you may be given a reckless driving summons that looks like a ticket.

    It is important to read the ticket carefully. Do not assume that you have been given a common speeding ticket or traffic violation ticket. Instead, look at the “charges” section of the ticket. If you see the letters RD then the officer issuing your ticket has charged you with reckless driving. You should also look at the speed the officer recorded on the ticket. If the officer claims that you were traveling over 80 mph or 20 mph or more over the posted speed limit, then you may have been charged with reckless driving.

    What to Do If You Face Criminal Reckless Driving Charges

    Another person involved in the crash may claim that you were driving recklessly and may raise that issue during a civil personal injury car accident case. That does not mean that you have been charged with the crime of reckless driving.

    If the ticket or summons that you were given at the accident scene indicates reckless driving or if you are confused about whether or not you have been charged with reckless driving then it is important to contact an experienced reckless driving lawyer as soon as possible.

    Our lawyers understand the serious charge that you face and the significant impact that it can have on your life. We will fight hard to protect your rights and to get you the best possible outcome given the facts of your case. Please contact us today via this website or by phone to schedule a free, no-obligation consultation. During our meeting, you can learn more about how to defend yourself against criminal reckless driving charges and about how we can help you during this difficult time.


  • Can I refuse to answer a police officer’s questions if I’m stopped for drunk driving?

    You face a dilemma. On the one hand, you are afraid to answer the police officer’s questions for fear that anything that you say will be misconstrued and used against you. On the other hand, you don’t want to be rude to a law enforcement official and risk making that official angry.

    You’ve likely watched enough TV shows and movies to know that you are in a tough spot, but there are things that you can do to protect your rights.

    How to Answer a Police Officer Who Stops You for Drunk Driving

    If the police officer asks if you have been drinking and you answer the question, then you may be incriminating yourself. In doing so you may be giving up your constitutional rights. The Fifth Amendment to the United States Constitution provides that no one “…shall be compelled in any criminal case to be a witness against himself…” This means that youHow to Answer Drunk Driving Questions From a Police Officer do not have to offer the police evidence that you committed a crime.

    You may be informed of your “right to remain silent” during an arrest. However, in many circumstances, the police officer will not arrest you immediately and may instead pull you over and ask you questions before an arrest. In this type of situation, it is up to you to respectfully choose to remain silent.

    At all times, you should remain polite and non-confrontational while speaking with the police. However, you should not answer any questions that may provide evidence that may be used against you. While you technically cannot “plead the fifth” until you have been arrested for drunk driving, you can still nicely refuse to answer questions and instead say that your attorney will be available to answer all of the officer’s questions.

    Protect All Rights During and After a DUI Stop

    It can be intimidating and scary to be pulled over for drunk driving in Virginia. If this has happened to you, then it is important to contact an experienced DUI defense lawyer as soon as possible so that you can be sure that all of your rights are protected.

    Before you speak to anyone about your case, please download our FREE DUI DWI Arrest Survival Guide and contact us directly to schedule an initial consultation with an experienced drunk driving defense attorney.


  • I was arrested for reckless driving after a car crash in Virginia. The driver of the other car died. Will I face other legal problems?

    Involuntary Manslaughter and Wrongful Death Charges May Be Possible After a Reckless Driving DeathIt is possible that you will face additional criminal charges or that the survivors of the other driver will file a wrongful death lawsuit naming you as a defendant after a fatal reckless driving accident. However, whether you will be convicted of another crime or held accountable in a civil lawsuit depends on whether the state or the survivors can prove their cases in court.

    Aggravated Involuntary Manslaughter Charges and a Wrongful Death Case Are Possible

    You will not necessarily face involuntary manslaughter charges or be named as a wrongful death defendant. However, if:

    • The Commonwealth of Virginia brings aggravated involuntary manslaughter charges then the prosecutors must prove that you were so gross, wanton, and culpable as to show a reckless disregard for human life. If the prosecutors are successful, then you face not less than one and not more than 20 years in prison.

    • The survivors bring a civil wrongful death case then they must prove that you owed the other driver a duty of care, that you breached the duty of care by failing to act like a reasonable person, that your breach of the duty of care caused the driver’s death, and that the survivors are legally entitled to damages. If the plaintiffs are successful in their claim, then you may owe them financial damages.

    Don’t Forget About the Reckless Driving Charges Against You

    You may not yet know if you face aggravated involuntary manslaughter charges or if you will face a civil wrongful death lawsuit. However, you do know that you have been charged with the crime of reckless driving and that you need to defend yourself against those charges because you face potential jail time and other significant penalties. For more information about how to defend yourself against reckless driving charges, please contact our experienced reckless driving criminal defense lawyers today for a free, no-obligation consultation about your rights.


  • Does everyone who is convicted of reckless driving in Virginia receive the same sentence?

    There Are Many Factors That Play a Part in a Reckless Driving SentencingNo. While Virginia law establishes maximum penalties for reckless driving, the actual sentence that an individual receives for the crime of reckless driving is dependent on numerous factors.

    Possible Penalties for Reckless Driving in Virginia

    The potential penalties for a reckless driving conviction depend on whether you are convicted of a class 1 misdemeanor or a class 6 felony. For either offense, you face jail time, a fine, and a suspended driver’s license. The very first time you are convicted, for example, you could face jail time of up to 12 months, a fine of up to $2,500, and a license suspension of up to two years.

    Factors That Influence Virginia Reckless Driving Sentences

    While Virginia law provides a maximum sentence for your reckless driving conviction, you may not face the same consequences as other drivers who are convicted of reckless driving. Some of the things that could impact your individual sentence include:

    • Whether you have any prior convictions. This could mean that the judge is likely to be lenient in your sentence.

    • Your driving history. Similar to prior convictions, the court may be less likely to be lenient if you have a poor driving history.

    • The reason for your reckless driving arrest. Reckless driving speeding, passing a stopped school bus, or drag racing, for example, could result in different sentences.

    • The county in which your reckless driving case is heard. Some counties have reputations for being harsher with reckless driving sentences than others.

    • The individual judge presiding over your reckless driving case. Some individual judges have reputations for being harsher with reckless driving sentences than others.

    • The attorney who is representing you in your reckless driving case. Some lawyers are more effective than others in reckless driving defense cases.

    To learn more about how to protect your rights if you have been charged with reckless driving, please contact The Wilson Law Firm today. Let an experienced reckless driving lawyer help you through the process so that your chances of an unfair sentence are reduced.


  • My friend was arrested for reckless driving. I was a passenger in the car at the time of the arrest. What should I do?

    There Are Steps You Can Take When You Are a Passenger in a Car With a Reckless DriverThis can be a scary situation, but you are in an important position to help the court understand what truly happened in the moments leading up to your friend’s reckless driving arrest and to make sure that your friend’s legal rights are protected.

    Three Things You Can Do If You Were a Passenger at the Time of a Reckless Driving Arrest

    You have not been charged with a crime, but your role as a reckless driving witness is an important one. After the driver of the vehicle has been arrested for reckless driving, you can:

    • Tell the truth. No matter how much you want to help your friend, you can only help your friend by telling the truth about what happened. If you do not tell the truth, then you risk making your friend’s defense more complicated and creating legal trouble for yourself.

    • Encourage your friend to share your contact information with his attorney. You may have valuable information to share with the lawyer that could make a big difference in your friend’s defense.

    • Help your friend find a lawyer if he doesn’t already have one. Make sure that your friend understands why a reckless driving defense lawyer is so important. Your friend has not been accused of speeding or a simple traffic offense. Instead, your friend has been charged with a crime. You can get to know our reckless driving defense lawyers, and others, by searching the internet and checking out client testimonials.

    Additionally, it is important to be a good friend. Be there to listen to your friend during this difficult time and to offer the moral support that you always offer. The process from a reckless driving arrest through the resolution of a reckless driving case can be stressful. Your loved one may be worried about money, about his job, about his family, or about the effect of a conviction on his immigration status. You can be there to support your friend through it all—and hopefully to celebrate when your friend’s case is over.


  • I drive a commercial vehicle and I was arrested for drunk driving while operating that vehicle in Virginia. My blood alcohol level was lower than 0.08 percent. What should I do?

    Commercial Drivers and Drunk Driving Laws in VirginiaEven if your blood alcohol content (BAC) was lower than 0.08 percent, you should take the drunk driving charge seriously and you should contact an experienced DUI defense lawyer as soon as possible.

    Virginia Drunk Driving Laws Are Different for Commercial Drivers

    While a BAC of 0.08 percent is the legal standard for typical drivers, Virginia (like most states) has stricter drunk driving laws for commercial drivers. According to §46.2-341.24 of the Code of Virginia, the Commonwealth of Virginia may convict a commercial driver of drunk driving if one or more of the following is true:

    • The driver has a BAC of 0.04 percent or higher

    • The driver is under the influence of alcohol

    • The driver is under the influence of drugs

    In order for the prosecutor to get a conviction in your case, the Commonwealth must prove that you drove or operated a commercial motor vehicle while under the influence of alcohol.

    Virginia Penalties for Driving a Commercial Vehicle While Intoxicated

    Fines and jail time are possible consequences for a commercial driver who is convicted of a DUI. Any commercial driver who is convicted of a DUI may face a potential fine of at least $250. Additionally, jail time can range from a few days to a year depending on your blood alcohol level as confirmed by a chemical test for your first offense and then by the number of times you have been convicted for subsequent offenses.

    Of course, a DUI conviction could also have a significant impact on your ability to keep your job or to get another driving job.

    You Have a Lot at Stake—Contact a Virginia DUI Defense Lawyer Today

    Fines, jail time, and loss of employment are serious consequences. It is important to make sure that you have a proper defense so that any potential penalty is fair and that potential penalties can be avoided to the extent possible.

    To learn more about your rights, and about how to protect yourself, please contact us to schedule a free, no-obligation consultation with an experienced DUI defense attorney. We also encourage you to download a copy of our free guide: The Guilt Myth Explained DUI DWI Arrest Survival Guide today.


  • How can a lawyer help me if I face jail time for reckless driving in Virginia?

    What to Expect If You Are Facing Jail Time After a Reckless Driving ChargeA lawyer can help you minimize the criminal consequences of a reckless driving charge. If you are convicted of reckless driving in Virginia then the judge may sentence you to time in jail. However, that doesn’t mean that you will definitely go to jail or that you will be unable to prepare for any jail time you are required to serve.

    Reckless Driving Is at Least a Class 1 Misdemeanor in Virginia

    According to Virginia law, any instance of reckless driving is a Class 1 misdemeanor and a Class 1 misdemeanor carries a potential sentence of up to 12 months in jail. In some cases, such as reckless driving without a valid license or reckless driving that results in a death, the crime of reckless driving may be classified as a Class 6 felony. A Class 6 felony carries a potential sentence of up to five years in jail.

    Protect Your Rights If You Face Jail Time for Reckless Driving in Virginia

    An experienced lawyer can help you protect your rights if you have been arrested for jail time. Specifically, a lawyer may:

    • Defend you against the criminal charges you face. While no ethical lawyer can promise you an acquittal, our lawyers are proud to work hard to protect the rights of each and every client whom we represent. We will use the available evidence to try to avoid a conviction for you which will mean that you avoid jail time.

    • Argue for a reduced sentence. If a conviction is likely then your lawyer will fight to reduce your jail time as much as possible.

    • Advocate for a suspended sentence. If you receive a suspended sentence then you will not go to jail as long as you do everything that the court asks you to do.

    • Request a delayed reporting if you are sentenced to jail time. This will allow you to get your affairs in order before going to jail. In some cases, you may be able to appeal your conviction.

    Jail time is a possibility after a reckless driving charge, but it is not a foregone conclusion. Accordingly, we encourage you to contact The Wilson Law Firm today to discuss your legal rights and to find out how we may be able to help you during this difficult time. Please reach out to us via this website or by phone today to schedule a free, no-obligation consultation and to learn more about what you can do in light of the reckless driving charges you face.


  • Can an ambulance driver be charged with reckless driving in Virginia?

    What You Should Know About Reckless Driving and Ambulance DriversYes, an ambulance driver may be charged with reckless driving in Virginia. However, what is considered to be reckless driving may depend on whether or not the ambulance was operating in an emergency situation at the time.

    Reckless Driving Charges Against an Ambulance Driver During an Emergency

    When an ambulance driver is on the way to get to someone who is facing a medical emergency or is transporting that person to the hospital, then the ambulance driver has the right to exceed the speed limit and to drive in a way that might otherwise be considered reckless driving.

    Of course, that right is not unlimited. According to Virginia law (§46.2-920), the driver of an emergency vehicle who is using the vehicle to perform a public service in an emergency situation may do the following without being criminally prosecuted:

    • Disregard speed limits.

    • Proceed through a traffic signal or stop sign without stopping but with a reduced speed.

    • Disregard regulations about which way a vehicle can turn.

    • Pass another vehicle at an intersection.

    • Pass a stopped or slow-moving vehicle.

    At all times, however, the ambulance driver must have due regard for public safety. These exemptions only apply when the ambulance is using its lights and sirens.

    An Ambulance Driver May Not Break Reckless Driving Laws in Non-Emergency Situations

    When the ambulance driver is not working in an emergency situation, then all of Virginia’s reckless driving laws apply just as they would to the driver of any other vehicle.

    If you are an ambulance driver and you have been charged with reckless driving, then it is important to talk to an experienced reckless driving lawyer as soon as possible. You may be found guilty of reckless driving and that could have a significant impact on your employment and your future.

    To learn more, please contact The Wilson Law Firm directly to schedule a free, no-obligation consultation and to learn more about your rights and protecting your future.


  • What kinds of witnesses are important in a reckless driving case?

    Witnesses may play a very important role in your defense if you have been accused of reckless driving. Both eyewitnesses and expert witnesses may be able to help you defend yourself against the Commonwealth of Virginia’s reckless driving charges, but first you must know what each type of witness can offer and whether they are important to your individual defense case.

    Eyewitnesses in a Reckless Driving Case

    A person who witnessed your driving at the time you were accused of reckless driving may be useful in your defense. How an eyewitness can help depends on the exact nature of the charge against you and on what the witness saw. For example, if you are accused of passing a stopped school bus or failing to give proper signals, and the witness saw otherwise, then that information could be useful to your defense.

    Expert Witnesses in a Reckless Driving Case

    As with eyewitnesses, the way that an expert witness may be able to help you depends on the type of reckless driving with which you were charged. If you were charged with reckless driving speeding, for example, then a qualified witness may be able to testify about any issues with the police officer’s speed detection equipment or the officer’s use of such equipment. In some cases, accident reconstructionists or other experts may also be helpful to your defense.

    A Reckless Driving Lawyer Can Help You Identify the Right Witnesses for Your Case

    Not all reckless driving defense cases have eyewitnesses, and not all reckless driving defense cases require expert witnesses. However, when an eyewitness is available or an expert witnessWitnesses: Knowing the Right Ones for Your Case can be useful, then you want to make sure that consider using these witnesses in your reckless driving defense case.

    The decision about whether to use witnesses in your defense can be a complicated one. Many factors should be weighed, including:

    • The usefulness of the witness’s testimony.

    • The cost of the expert witness.

    • Whether the witness is reliable.

    The experienced reckless driving defense lawyers at The Wilson Law Firm can help you weigh these factors and make the decision that is right for your case. Call us today for a free and confidential consultation about your rights and to find out more about defending yourself against charges of reckless driving in Virginia.


  • Can I be convicted of drunk driving if I wasn’t involved in an accident?

    Any DUI Charge Needs to Be Taken SeriouslyYes, you may be convicted of driving under the influence (DUI) or driving while intoxicated (DWI) in the Commonwealth of Virginia even if you weren’t involved in an accident. It is against the law to drive while intoxicated regardless of whether or not you cause a crash. Even if there was no collision, property damage, injuries, or deaths associated with your charge of drunk driving, your first DUI conviction may result in a Class 1 misdemeanor on your record. It may also result in a fine, restrictions on your license, jail time, and other significant consequences.

    The Legal Consequences May Be Worse If Someone is Seriously Hurt or Killed in the Crash

    If you are charged with drunk driving in an accident that caused a serious injury or fatality, then you may be facing felony charges. The consequences of a felony charge may include significant time in prison, license revocation, and other penalties that could impact your ability to get a job or your right to vote.

    You Need to Take Any DUI Charge Seriously

    While the consequences of a DUI may be more significant if someone was hurt or killed in the crash, the consequences of a DUI with no accident are still significant and may still have a serious impact on your life.

    Accordingly, it is important that you are represented by an experienced drunk driving defense lawyer if you are charged with any drunk driving crime in Virginia. A lawyer who is trained to use and understand the sobriety tests used by the police and who has represented many other people charged with drunk driving in Virginia may be able to help you defend yourself against the serious charges that you face.

    The time to take action is now. Contact a lawyer as soon as you can to make sure that all of your rights are protected. The Wilson Law Firm offers free consultations on DUI defense cases. To schedule your meeting, please call us or reach out to us via this website.


  • Does a reckless driving charge make me a bad guy?

    No, neither a reckless driving charge nor a reckless driving conviction makes you a bad person. Reckless driving is not a moral judgment. A person is not necessarily “bad” just because he was driving more than 80 mph or violating the reckless driving law in another way just like a person is not necessarily “good” just because the person was traveling at or below the speed limit.

    Reckless Driving Is a Legal Term

    Reckless driving may not make a driver a bad person, but it could make a driver guilty of violating a Virginia state law. The general reckless driving statute in Virginia makes it a crime to operate “…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….”. Other Virginia statutes define specific ways that a driver may be driving recklessly. If you meet the elements of any of the statutes then you may be rightfully charged with and convicted of reckless driving, but you still may not be a bad person.

    A Good Reason for Reckless Driving in Virginia May Not Be a Legal Defense

    Even if you were driving recklessly, you may have had a good reason for doing so. For example, you may have been late to pick up your child, you may have been rushing to see a sick family member, or you may have been running late for a really important meeting. While these are understandable reasons for reckless driving, they may not be legal defenses for reckless driving.

    Since you face a crime and the potential penalties that come with being convicted of a crime, it is important to focus on the legal aspects of your case rather than the moral aspects of your case. Attorney T. Kevin Wilson understands that while reckless driving is risky and against the law, not every person who is charged with reckless driving deserves to be convicted.

    For a free and fair case evaluation, please contact The Wilson Law Firm today. Here, no judgments will be made about the charges against you. Instead, we will focus on specific elements of the law to determine how best to help you after a reckless driving charge.


  • I’ve been charged with reckless driving in Virginia. Will my case be heard in a state court of in a federal court?

    When Would My Reckless Driving Case Be Heard in Federal Court?In most situations, your case will be heard in a Virginia state court. However, there is an exception to this rule that could result in your case being heard in federal court.

    Your Case May Be Heard in Federal Court If You Were Charged With Reckless Speeding in a Federal Territory

    This most often occurs in the areas immediately surrounding federal facilities in Northern Virginia. For example, if you are charged with reckless driving in one of the following areas then it is possible that you were in a federal territory:

    • The George Washington (GW) Parkway in Alexandria.

    • The area around the Pentagon.

    • The area around Quantico.

    • Areas around military bases.

    It is important to determine whether you were ticketed for alleged conduct that occurred in Virginia or in a federal territory. If you are accused of reckless driving in a federal territory then your case will be heard in a federal district court such as the Federal Court in the Eastern District of Virginia. If you are convicted in state court or federal court then your reckless driving conviction could have serious consequences that include not only jail time and fines, but that also impact your military service and security clearance.

    You Need an Experienced Virginia Reckless Driving Lawyer

    Regardless of where your case will be heard, you need a Virginia lawyer who has a lot of experience representing people who have been accused of reckless driving in Virginia. Attorney T. Kevin Wilson provides excellent representation for his clients. His years of experience, his certification in the operation of police traffic radar and lidar, and his dedication to every client are important assets that allow him to help each of his clients.

    If you have been charged with reckless driving in Virginia or in a federal territory within Virginia then it is important to start protecting your rights immediately. Please contact The Wilson Law Firm today for a free, no-obligation consultation.


  • Is running late a defense to a reckless driving charge in Virginia?

    If You Are Running Late Can You Still Be Charged With Reckless Driving?No. There are times when you are up against a deadline and you are nervous that you aren’t going to get somewhere in time. You may be running late for a medical appointment, a business meeting, or to pick up your child, for example. These are stressful situations and it is understandable that you were driving faster than usual.

    But it Won’t Stop the Police From Charging You With Reckless Driving

    If you were driving more than 20 mph over the speed limit or more than 80 mph then the police may charge you with the crime of reckless driving. Make no mistake about this—you have not received a speeding ticket. You have been charged with a crime and you face significant penalties including fines and jail time. Accordingly, it is important to know how to defend yourself.

    An Experienced Reckless Driving Lawyer Can Help You

    While running late—even for a good reason—is relatable and understandable, it will not get you out of legal trouble. An experienced reckless driving lawyer may still be able to help you, however. An attorney can:

    • Review all of the evidence against you and determine whether the Commonwealth of Virginia can prove the charge of reckless driving. Your lawyer will carefully review any evidence of speeding. If there is any problem with the evidence, or if the evidence does not show that you were traveling at a speed that constituted reckless driving, then the state may not have a criminal case against you.

    • Consider any possible defenses to your reckless charge. We will review all of the reasons why you may have been speeding in order to determine if there is a viable defense to the charge against you.

    You were stressed, with good reason, on the day that you were charged with reckless driving and you remain stressed about the charges that you face. Get the accurate information that you need today to protect your future. Contact The Wilson Law Firm to schedule a free, no-obligation consultation with an experienced lawyer who will fight hard to see that you are treated fairly.


  • Can I be charged with both DWI and DUI and involuntary manslaughter?

    DUI and DWI Charges Along With Involuntary ManslaughterYes. Driving while impaired (DWI), driving under the influence (DUI), and involuntary manslaughter are separate and distinct crimes in the Commonwealth of Virginia, and you may be charged with more than one crime arising from the same incident. However, in order to be sentenced for both crimes, the prosecution will need to prove that you meet all of the elements of each crime.

    What DWI- and DUI-Related Involuntary Manslaughter Mean in Virginia

    In order to be convicted of DWI in Virginia, the prosecution must prove that one of the following is true:

    • You had a blood alcohol content of 0.08 percent or higher.

    • You were under the influence of drugs or alcohol.

    In order to be convicted of DUI-related involuntary manslaughter, the prosecution must prove that:

    • You were driving under the influence of alcohol, drugs, or both drugs and alcohol at the time of the accident. The prosecution does not need to prove that you had a specific blood alcohol content or that you were technically driving under the influence.

    • You unintentionally caused someone else’s death. The fatality must have occurred as a result of intoxication.

    If the prosecution fails to meet all of the requirements of a DWI charge, then you may still be found guilty of involuntary manslaughter if the prosecution can prove the elements of that crime. Likewise, the reverse may be true and you may be found guilty of DWI, but not of involuntary manslaughter even if someone died in the accident.

    Contact an Experienced Criminal Defense Lawyer If You Face One or More Criminal Charges After a Virginia Accident

    If you face DWI- or DUI-related involuntary manslaughter, other involuntary manslaughter charges, or other criminal charges, then you need a good defense lawyer to help you protect your rights. You could be facing serious criminal penalties including a fine, a license suspension, and jail time.

    Therefore, it is important to start preparing your defense as soon as possible. Please contact the Wilson Law Firm today to schedule an initial consultation and please download our FREE Virginia DUI/DWI Arrest Survival Guide today now so that you can get the information you need immediately.


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