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The Wilson Law Firm

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 can happen to me if I am convicted of a Virginia Reckless Driving charge?

    The answer to this question is complicated because there are both direct consequences which flow from Virginia courts and numerous collateral consequences which flow from the Virginia DMV and other sources. 

    Since all Virginia Reckless Driving offenses are misdemeanor criminal offenses, the possible punishments which can be imposed by a Virginia court include the following:

    • a fine of up to $2,500 
    • up to 12 months in jail
    • a license suspension which can be as long as two years  


    However, in addition to these punishments which can be imposed by the Virginia courts, there are numerous other possible collateral consequences which can, and in some cases will, follow a Virginia Reckless Driving conviction.  Some of these include:

    • having a permanent criminal record
    • having the Virginia DMV assess demerit points against your license
    • suffering an increase in your insurance premiums for several years
    • having an additional license suspension imposed by the Virginia DMV in certain circumstances
    • having to pay a reinstatement fee to the Virginia DMV
    • having to rely on friends, family, taxi cabs or public transportation to get to work
    • losing your secutiry clearance
    • losing your job
    • losing your ability to provide for yourself and your family
    • losing your home
    • having a suspended fine and/or jail sentence imposed for violating probation

    Reckless Driving is a serious offense in Virginia and the punishments which can be imposed by a Virginia court can be devastating.  However, the possible consequences of a Virginia Reckless Driving conviction go far beyond the sentence imposed by a Virgnia Court and can include some, or all, of the collateral consequences listed above.  If you have been charged with a Virginia Reckless Driving offense, it is important for you to hire an experienced, skilled and successful Virginia Reckless Driving Defense Lawyer to put yourself in the best position to make the most of this unfortunate situation. 

  • How fast do I have to be going for it to be considered Reckless Driving in Virginia?

    In Virginia, there are several different Reckless Driving laws, each dealing with specific acts which have been defined as Reckless Driving in Virginia.  Although each Virginia Reckless Driving law deals with different specific behavior, all Virginia Reckless Driving offenses are misdemeanor criminal offenses. 

    One of the most commonly cited Virginia Reckless Driving offenses is based simply on speed.  Pursuant to section 46.2-862 of the Virginia Code, Reckless Driving in Virginia is defined as driving at a speed 20 mph or more above the speed limit, or at more than 80 mph regardless of the speed limit.  

    Yes, you read that correctly: Virginia has criminalized Speeding.  In other states, driving in an otherwise safe manner at 85 mph on the interstate in the middle of the night with no other traffic on the road would get you a warning or a simple traffic ticket which you could pay - but in Virginia, for that same behavior you probably would be given a summons accusing you of the misdemeanor criminal offense of Reckless Driving - Speeding (but you might be taken to jail immediately), and if convicted of a Virginia Reckless Driving, in addition to having to pay a fine and court costs, the court could suspend your license and even put you in jail.   

    If you have been accused of a Virginia Reckless Driving offense, Manassas, Virginia Reckless Driving Defense Lawyer, T. Kevin Wilson and The Wilson Law Firm can help you.         

  • If I am convicted of a Virginia Reckless Driving, will my insurance rates increase?

    Maybe.  Whether your insurance company decides to increase your insurance premium after a Virginia Reckless Driving conviction will depend, I suspect, on the specific policies and practices of your particular insurance company and to some degree on your driving history and the facts and circumstances of the specific violation.  For example, your insurance company might handle an alcohol-related Virginia Reckless Driving conviction (a Virginia DUI allegation which was reduced to a Virginia Reckless Driving offense) differently than a Reckless Driving conviction based purely on speeding.  This is something you will need to discuss with your particular insurance company.  A good place to start is to sit down and read your insurance policy.  I know, it isn't fun, but you may find some helpful information. 

    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.
     

  • Do I need to hire a Virginia lawyer if I have been accused of Reckless Driving in Virginia?

    As a Virginia Reckless Driving Lawyer, the obvious response from me is going to be:  not only do you need to hire a lawyer, you need to hire Manassas, Virginia Reckless Driving Lawyer, T. Kevin Wilson and The Wilson Law Firm!  However, vested interest aside, in my opinion everyone accused of a Virginia Reckless Driving offense should hire an experienced, successful and reputable Virginia Reckless Driving Lawyer - if for no other reason than because the consequences of failing to do so can be potentially life changing.

    The offense of Reckless Driving in Virginia is a wolf in sheep's clothing.  Most people simply do not understand how serious a Virginia Reckless Driving offense is.  Perhaps it's because people are generally just given a ticket and allowed to go on their way; or perhaps it's because people have heard about others coming to court, pleading guilty and simply having a fine imposed.  Whatever the reason, people don't seem to understand that a Virginia Reckless Driving is a misdemeanor criminal offense which falls in the same category as DUI, Assault and Battery and Petit Larceny - and is punished more severely than Possession of Marijuana.

    Being convicted of a Virginia Reckless Driving will result in a permanent criminal record and can result in the offender paying a fine, suffering a license suspension, being sentenced to jail, having insurance rates increased, having demerit points assessed by the Virginia DMV, losing a security clearance, losing a job and even a home.  

    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.  

  • What can a Virginia Reckless Driving Lawyer do for me?

    The short answer to this question is - what a lawyer can do for you depends on the lawyer you choose.  Face it, just like with any other profession or endeavor, there are good, effective, honest lawyers, and there are bad, ineffective, dishonest lawyers.  Some lawyers will diligently work on your case and can do a tremendous amount for you, perhaps even save you from being convicted of a Virginia Reckless Driving offense.  Other lawyers will do little, if anything, to fight for you or actually benefit you.  Sometimes the lack of advocacy for the client may be because the lawyer is just a bad lawyer.  Other times, it may be because the lawyer has adequate skill, but is lazy.  Still other times, it may be because the lawyer means well, but simply lacks the experience necessary to be most effective.  Of course, as the client, it doesn't matter to you why a lawyer is ineffective, and I recommend you avoid the bad lawyer, the lazy lawyer and the inexperienced lawyer.   

    However, experienced, successful and reputable Virginia Reckless Driving Lawyers like those at The Wilson Law Firm will protect your rights and ensure you receive the full benefit of all the statutory and constitutional protections to which you are entitled, including the requirement that the government prove the allegation against you beyond a reasonable doubt. 

    There are countless things a Virginia Reckless Driving Lawyer can do to protect your rights - and those specific tactics and techniques are the product of many years of experience handling thousands of similar cases.  As in sports, veterans just generally know more than rookies, and the benefit of all those years of experience is part of what you pay for when you hire a lawyer who has "been there" and "seen it all" before.  You wouldn't want a rookie surgeon, and you don't want a rookie lawyer.  After all, you don't want to be the client who helps the inexperienced lawyer learn the lesson that the wiley veteran lawyer learned many years ago.

    Manassas, Virginia Reckless Driving Lawyer T. Kevin Wilson has successfully handled thousands of Reckless Driving cases, including getting a not guilty verdict in a tragic Reckless Driving case which involved two fatalities. 

    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.          

  • What can a Virginia Reckless Driving Lawyer do for me?

    The short answer to this question is - what a lawyer can do for you depends on the lawyer you choose.  Face it, just like with any other profession or endeavor, there are good, effective, honest lawyers, and there are bad, ineffective, dishonest lawyers.  Some lawyers will diligently work on your case and can do a tremendous amount for you, perhaps even save you from being convicted of a Virginia Reckless Driving offense.  Other lawyers will do little, if anything, to fight for you or actually benefit you.  Sometimes the lack of advocacy for the client may be because the lawyer is just a bad lawyer.  Other times, it may be because the lawyer has adequate skill, but is lazy.  Still other times, it may be because the lawyer means well, but simply lacks the experience necessary to be most effective.  Of course, as the client, it doesn't matter to you why a lawyer is ineffective, and I recommend you avoid the bad lawyer, the lazy lawyer and the inexperienced lawyer.   

    However, experienced, successful and reputable Virginia Reckless Driving Lawyers like those at The Wilson Law Firm will protect your rights and ensure you receive the full benefit of all the statutory and constitutional protections to which you are entitled, including the requirement that the government prove the allegation against you beyond a reasonable doubt. 

    There are countless things a Virginia Reckless Driving Lawyer can do to protect your rights - and those specific tactics and techniques are the product of many years of experience handling thousands of similar cases.  As in sports, veterans just generally know more than rookies, and the benefit of all those years of experience is part of what you pay for when you hire a lawyer who has "been there" and "seen it all" before.  You wouldn't want a rookie surgeon, and you don't want a rookie lawyer.  After all, you don't want to be the client who helps the inexperienced lawyer learn the lesson that the wiley veteran lawyer learned many years ago.

    Manassas, Virginia Reckless Driving Lawyer T. Kevin Wilson has successfully handled thousands of Reckless Driving cases, including getting a not guilty verdict in a tragic Reckless Driving case which involved two fatalities. 

    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.          

  • How much does it cost to hire The Wilson Law Firm tohandle a Virginia case involvingReckless Drivingor some other serious traffic offense?

    Fees and Payment Policies of The Wilson Law Firm:  Reckless Driving and Serious Traffic Defense

    When shopping for a vehicle, if basic transportation is all you need, perhaps you won’t insist on the benefits, security and service of a more expensive luxury vehicle. On the other hand, if you need - or want - the benefits, security and service of a luxury vehicle you won’t even consider the numerous less expensive basic transportation options.  The same holds true when searching for a Virginia lawyer to handle a case involving Reckless Driving or some other serious traffic offense in Virginia.   

    Our fees will not be the lowest you will find, so if all you want is a "basic transportation" lawyer, The Wilson Law Firm,located in Manassas, Virginia, is not the firm for you.  However, if the outcome of your case is important and you understand the need for the benefits, security and service of something more than a "basic trasportation", run-of-the-mill lawyer, The Wilson Law Firm may be just the firm you’re looking for.  The lawyers of The Wilson Law Firm have appeared in the various courts all across Virginia and have successfully represented thousands of clients accused of Reckless Driving and other serious traffic offenses including DUI / DWI, Racing, Aggressive Driving, Failing to Stop at the Scene of an Accident (commonly referred to as Hit and Run), Driving Without a Valid License, Driving on a Suspended or Revoked License, Eluding or Attempting to Elude Law EnforcementDriving Outside Parameters of a Restricted License and Driving After Being Declared an Habitual Offender.   

    Of course, the amount of the to hire The Wilson Law Firm for a particular case will depend on the facts and circumstances of the case, but the fee will always a reasonable flat rate fee so our clients know exactly what the fee will be at the outset.  After we learn a bit more about the facts and circumstances of your case, we will be in a better position to tell you about the fee for us to handle your case. In any case, the initial consultation is free, so there is no risk on your part.  After that initial discussion, if you are not convinced The Wilson Law Firm is the best firm for the job, you can simply elect not to hire us and you won’t owe us a thing.  On the other hand, if you decide The Wilson Law Firm is the firm you want and need, we will be happy to assist you and add you to our ever growing list of satisfied clients. 

    Of course, we accept payments via cash, check and money order, but since we understand the cost of hiring a Virginia Criminal Defense Lawyer is a sudden and unexpected expense, we also accept credit card payments - which may help with budgeting.

    What are you waiting for? We have helped thousands of clients all across Virginia - and we can help you, too.

    Call now and put The Wilson Law Firm to work for you.

    (703) 361-6100   /   (540) 347-4944

    Toll Free
    (888) DUI-LWYR
    (888) 384-5997

  • Is Reckless Driving in Virginia a misdemeanor criminal offense or a felony criminal offense?

    Virgiia law categorizes criminal offenses as either misdemeanor offenses or felony offenses.  Misdemeanor offenses are considered the less serious crimes and felony offenses are considered the more serious crimes.  In Virginia, the punishment for misdemeanor offenses includes the imposition of a fine and / or incarceration for up to one year.  In Virginia, felony offenses are punishable by incarceration for longer than one year, up to and including imprisonment for life, and even the death penalty. 

    Reckless Driving in Virginia falls into the most serious category of misdemeanor criminal offenses. 

  • If I am convicted of Reckless Driving in Virginia, how long will it stay on my record?

    Convictions don't just disappear after a certain amount of time in Virginia.  They will always be there if someone looks in the right place.  However, generally speaking, when people ask this question they want to know how long the Virginia Department of Motor Vehicles will report the conviction on the driving record.  The Virginia DMV will report different convictions for different periods of time, depending on the severity of the offense.  According to the Virginia DMV, most Reckless Driving offenses will be reported on a driving record for 11 years

  • If I am convicted of Reckless Driving in Virginia, will points be assessed against my license? If so, how long will the points count against me?

    Yes, demerit points are assigned for all moving violations in Virginia.  The Virginia Department of Motor Vehicles classifies moving violations as either three point violations, four point violations or six point violations.  According to the Virginia DMV, most Reckless Driving offenses are six point violations, although one type of Reckless Driving in Virginia is only a four point violation

    According to the Virginia DMV, demerit points remain on your record for two years from the date the offense was committed

    People often confuse the date on which demerit points are removed from a Virginia DMV record with the date on which the convictions are removed from a Virginia DMV record (depends on the severity of the offense.  Demerit points will be removed from the Virginia DMV record 2 years from the date of the offense, but the length of time convictions will remain on the record depends on the severity of the offense - and some may be on the Virginia DMV record permanently.

  • How much does it cost to hire The Wilson Law Firm to handle a Virginia DUI / DWI?

    Fees and Payment Policies of The Wilson Law Firm:  DUI / DWI Defense

    When shopping for a vehicle, if basic transportation is all you need, perhaps you won’t insist on the benefits, security and service of a more expensive luxury vehicle. On the other hand, if you need - or want - the benefits, security and service of a luxury vehicle you won’t even consider the numerous less expensive basic transportation options.  The same holds true when searching for a Virginia DUI / DWI Lawyer.   

    Our fees will not be the lowest you will find, so if all you want is a "basic transportation" lawyer, The Wilson Law Firm is not the firm for you.  However, if the outcome of your case is important and you understand the need for the benefits, security and service of something more than a "basic trasportation", run-of-the-mill lawyer, The Wilson Law Firm may be just the firm you’re looking for.  Effectively defending DUI / DWI cases in Virginia requires knowledge of, and familiarity with, the intricacies and complexities of law, science, medicine, toxicology and physiology. The lawyers of The Wilson Law Firm have a unique combination of extensive education, specialized training and vast experience dealing with these complex areas specific to the field of DUI / DWI defense in Virginia which sets them apart from other lawyers, and is presumably why clients have to come from all across Virginia seeking the assistance of The Wilson Law Firm.

    The fee to hire The Wilson Law Firm is always a reasonable flat rate fee so our clients know exactly what the fee will be at the outset. The specific fee for a particular case will vary significantly depending on the facts and circumstances of the case and the lawyer who handles the case. After we learn a bit more about the facts and circumstances of your case, we will be in a better position to tell you about the fee for us to handle your case. In any case, the initial consultation is free, so there is no risk on your part.  After that initial discussion, if you are not convinced The Wilson Law Firm is the best firm for the job, you can simply elect not to hire us and you won’t owe us a thing.  On the other hand, if you decide The Wilson Law Firm is the firm you want and need, we will be happy to assist you and add you to our ever growing list of satisfied clients. 

    Of course, we accept payments via cash, check and money order, but since we understand the cost of hiring a DUI / DWI defense lawyer is a sudden and unexpected expense, we also accept credit card payments - which may help with budgeting.

    DUI Defense Attorney Fees Are Cheaper Than A Conviction In The Long Run

    What are you waiting for? We have helped thousands of clients all across Virginia - and we can help you, too.

    Call now and put The Wilson Law Firm to work for you, (703) 361-6100.

  • How much does it cost to hire The Wilson Law Firm to represent me on a criminal case in Virginia?

    Fees and Payment Policies of The Wilson Law Firm:  Criminal Defense

    When shopping for a vehicle, if basic transportation is all you need, perhaps you won’t insist on the benefits, security and service of a more expensive luxury vehicle. On the other hand, if you need - or want - the benefits, security and service of a luxury vehicle you won’t even consider the numerous less expensive basic transportation options.  The same holds true when searching for a Virginia Criminal Defense Lawyer.   

    Our fees will not be the lowest you will find, so if all you want is a "basic transportation" lawyer, The Wilson Law Firm is not the firm for you.  However, if the outcome of your case is important and you understand the need for the benefits, security and service of something more than a "basic trasportation", run-of-the-mill lawyer, The Wilson Law Firm may be just the firm you’re looking for.  The lawyers of The Wilson Law Firm have successfully represented thousands of clients accused of everything from misdemeanor offenses like Petit Larceny, Trespassing and Possession of Marijuana, to the most serious felony offenses like Murder, Rape and Robbery.   

    The fee to hire The Wilson Law Firm, located in Manassas, Virginia, for a criminal case will obviously vary significantly depending on the facts and circumstances of the case, the severity of the offense, etc., but the fee will always a reasonable flat rate fee so our clients know exactly what the fee will be at the outset.  After we learn a bit more about the facts and circumstances of your case, we will be in a better position to tell you about the fee for us to handle your case. In any case, the initial consultation is free, so there is no risk on your part.  After that initial discussion, if you are not convinced The Wilson Law Firm is the best firm for the job, you can simply elect not to hire us and you won’t owe us a thing.  On the other hand, if you decide The Wilson Law Firm is the firm you want and need, we will be happy to assist you and add you to our ever growing list of satisfied clients. 

    Of course, we accept payments via cash, check and money order, but since we understand the cost of hiring a Virginia Criminal Defense Lawyer is a sudden and unexpected expense, we also accept credit card payments - which may help with budgeting.

    What are you waiting for? We have helped thousands of clients all across Virginia - and we can help you, too.

    For more Frequently Asked Questions, click here

  • My next court date is an arraignment. What happens at an arraignment?

    In Virginia, the term "arraignment" is generally used to refer to the first appearance before the Court.  If you are held in jail, the arraignment should happen the following morning, and if you are released from custody (either after posting a bond or on your own recognizance) it typically happens a few days later.  Substantively, the arraignment is a brief administrative hearing at which the Court will typically do the following: 

    • inform you of the charge against you and make sure you understand it
    • inform you of your right to be represented by an attorney
    • inquire whether you plan to hire a lawyer, ask the court to appoint a lawyer or represent yourself
    • inform you of your next court date

  • Why was I charged with reckless driving in Virginia when all I was doing was driving above the speed limit?

    The simple answer is Virginia has criminalized speeding, so what is simply a speeding ticket in other states is reckless driving in Virginia.  More specifically, driving at a speed 20 mph over the posted speed limit in Virginia, or driving at more than 80 mph (regardless of the posted speed limit) is defined as reckless driving.  Since there are several different variations of reckless driving in Virginia, since this type is based on speed, some people refer to this charge as reckless driving speeding.  

    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.       

  • What are the differences between simple Speeding and Reckless Driving Speeding in Virginia?

    Under the Virginia Code, although both Speeding and Reckless Driving are offenses based on speed, there are significant differences between what we call simple Speeding and Reckless Driving Speeding.  First, there is a difference in the severity of the offenses: simple Speeding is merely a traffic infraction, but Reckless Driving Speeding is a misdemeanor criminal offense.  In addition, since simple Speeding and Reckless Driving Speeding fall into different offense categories, they also carry different punishments: simple Speeding is punishable by only a fine, but Reckless Driving Speeding is punishable by a fine, incarceration and a suspension of your privilege / license to drive in Virginia.  Since both simple Speeding and Reckless Driving Speeding are both considered moving violations in Virginia, the Virginia Department of Motor Vehicles (Virginia DMV) will assess demerit points for conviction of either offense.  However, simple Speeding can carry three demerit points, four demerit points or six demerit points depending on the actual speed, but Reckless Driving Speeding always carries six demerit points.  

    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.

  • What is the definition of Reckless Driving in Virginia?

    Under Virginia Motor Vehicle Code, the term Reckless Driving includes several different acts, so the answer to this question is somewhat lengthy.  The two types of Reckless Driving most commonly charged in Virginia are Reckless Driving based on speed (46.2-862) and Reckless Driving based on being involved in an accident (46.2-852 or 46.2-853).  Although most of the statutes dealing with Reckless Driving offenses in Virginia set out acts which are quite specific, there are a few Reckless Driving offenses in Virginia which are vague and subjective.  Several sections of Virginia's Motor Vehicle Code which deal with Reckless Driving in Virginia are set out below.  

    46.2-852 is the catch-all statute that says that irrespective of speed limits, driving a motor vehicle on public roads in a way that endangers other people or property it is Reckless Driving in Virginia. 

    46.2-853 says it is Reckless Driving in Virginia to drive a vehicle which is not under proper control or has inadequately adjusted brakes. 

    46.2-854 defines Reckless Driving in  Virginia as passing another vehicle approaching the crest of a hill or a curve where the view is obstructed. 

    46.2-855 makes it Reckless Driving in Virginia to drive with the view to the front or sides obstructed or to drive while something or someone is interfering with the driver's control of the driving mechanism. 

    46.2-856 indicates that passing or attempting to pass two vehicles abreast is Reckless Driving in Virginia. 

    46.2-857 says driving abreast of another vehicle in a lane designed for one vehicle is Reckless Driving in Virginia. 

    46.2-858 defiines Reckless Driving in Virginia as passing or overtaking another vehicle at a railroad crossing or at an intersection. 

    46.2-859 includes within the definition of Reckless Driving in Virginia, the act of passing a stopped school bus under certain circumstances.

    46.2-860 says failing to give adequate and timely signals of the intention to turn, slow or stop is Reckless Driving in Virginia.

    46.2-861 is another catch-all code section, making it the offense of Reckless Driving in Virginia to exceed a reasonable speed considering the circumstances and traffic at the time. 

    46.2-862 is the Reckless Driving offense in Virginia dealing with speed - making it Reckless Driving to drive at a speed 20 mph over the speed limit, or in excess of 80 mph.  

    46.2-863 describes the circumstances under which failing to yield the right of way can amount to Reckless Driving in Virginia.  

    46.2-864 is a twist on the catch-all offense set out in 46.2-852, in that it also makes illegal and defines as Reckless Driving in Virginia any driving which endangers people or property, but where 46.2-852 is limited to operation on public roads, 46.2-864 includes churches, schools, recreational facilities, business property, roads under construction, etc. 

    46.2-865 discusses racing as Reckless Driving in Virginia. 

    Contact a Virginia Reckless Driving Attorney To Represent You

    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. Call us at (703) 361-6100 to learn about your options, click here to download our free book The DUI/DWI Arrest Survival Guide! or start a chat right now .

  • Can a lawyer handlethe arraignmentfor me in Virginia or will I actually be required to appear in court for the arraignment?

    It depends.  Many Virginia courts do not require someone accused of Reckless Driving under the Virginia Code to appear for the arraignment, as long as an attorney has been hired and the lawyer takes the necessary steps to excuse the accused from having to appear.  Some Virginia courts require the lawyer who has been retained to appear in court on behalf of the client, while other Virginia courts simply require the lawyer to file a formal notice with the court informing the court that the lawyer will be representing the accused.  In any event, as the person accused of Reckless Driving in Virginia, the best and safest course of action is to assume that you must appear in court for the arraignment unless you hire a lawyer and have been assured by the lawyer that your appearance is not necessary.  

    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.

  • I was told by the officer that I can not simply pay a fine for my Virginia Reckless Driving charge and avoid coming to court. Is this tr

    Yes, it is true.  In Virginia you can not simply pay a fine for Reckless Driving and avoid coming to court like you could if you were charged with simple Speeding or some other traffic infraction.  Remember, unlike simple Speeding, Reckless Driving is a misdemeanor criminal offense for which you could be fined, jailed and have your license / privilege to drive in Virginia suspended. 

    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.
     

  • I was told by the officer that I actually have to come to court to deal with my Virginia Reckless Driving charge. Is this true, and if so, why do I have to come all the way back to Virginia to appear in court?

    Sort of.  In Virginia, if you are charged with Reckless Driving, or any other criminal offense, the law requires you to appear in court to answer the charge.  The rule makes sense when you consider the fact that as a misdemeanor criminal offense, the possible punishments for Reckless Driving in Virginia include the imposition of a jail sentence.  Since it is impossible to incarcerate someone who is not present before the court, the law requires persons accused of Reckless Driving to appear in court.  Signing the summons / ticket is a promise to appear in court in Virginia to answer the Reckless Driving charge.    

    However, as a practical matter, everyone convicted of Reckless Driving in Virginia is not incarcerated, so in some situations it is possible to hire a Virginia lawyer to appear in court on your behalf and handle the case in your absence - without the need for you to actually come to court.  If you have been accused of Reckless Driving in Virginia, you should discuss this with your lawyer and determine whether you need to appear in court.   

    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.

  • What are the possible punishments for Reckless Driving in Virginia?

    Section 46.2-868 of the Virginia Motor Vehicle Code classifies Reckless Driving in Virginia as a class 1 misdemeanor criminal offense.  Section 18.2-11 of the Virginia Code sets out the possible punishments:  incarceration for up to one year and the imposition of a fine of up to $2,500.00.

    In addition to the possibility of being sentenced to pay a fine and serve time in jail, one convicted of Reckless Driving in Virginia may also suffer a suspension of the license / privilege to drive in Virginia.  Although the maximum period of suspension for most Reckless Driving offenses in Virginia is six months (see 46.2-392 & 46.2-393), if one is convicted of Racing in Virginia, the minimum period of license suspension is six months and the maximum is two years. 

    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.    

  • If I am convicted of Reckless Driving in Virginia, am I going to be put in jail?

    Much like with the question about having a license suspension imposed by a Virginia court, the answer to this question is maybe.  Some offenders convicted of Reckless Driving in Virginia are incarcerated.  Others are not.  As with any case before a Virginia court, the punishment imposed depends upon the facts and circumstances of the particular case.  There are several factors which come into play when determining an appropriate punishment for a particular case.  A few of the most common factors considered by Virginia courts include the risk and danger presented by the specific driving behavior, the damage and injury caused by the specific driving behavior and the driving history of the offender.

    For example, a simple rear end motor vehicle accident in Virginia in which there are no injuries, and a very serious motor vehicle accident in Virginia involving a fatality could both be the basis of a Virginia Reckless Driving conviction.  However, for obvious reasons, they would likely result in different punishments being imposed by a Virginia court.  

    Similarly, driving at 85 mph on a Virginia interstate in the middle of the night with no other traffic on the road, and driving at 85 mph through a Virginia residential neighborhood could both support a Reckless Driving conviction in Virginia, but again, would likely result in different punishments being imposed by a Virginia court.  

    Lastly, assume two offenders were found guilty of Virginia Reckless Driving Speeding for driving 85 mph on the interstate in Virginia at the same time.  However, assume one offender had a perfect driving history and had never received a ticket in 25 years of driving in Virginia, and the other had only been licensed for 3 years and had already accumulated several convictions for Speeding in Virginia.  Even though these two offenders committed the exact same Reckless Driving offense, a Virginia court would likely impose very different punishments. 

    Offenders who engage in more dangerous behavior in Virginia, cause more injury and damage in Virginia, and have previous convictions are more likely to be incarcerated than offenders who engage in less dangerous behavior, cause less injury and damage, and have a clean driving record. 

    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.

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