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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  • Should I get a copy of my Virginia DMV record if charged with a serious traffic violation?

    If you were arrested for a serious traffic offense such as reckless driving or DUI in Virginia, your Department of Motor Vehicles (DMV) record can play a significant role in your criminal case, especially if you have a clean driving history. It’s essential to understand the various types of records maintained by the Virginia DMV and how to obtain them. Our experienced Manassas reckless driving lawyers at The Wilson Law Firm will advise you on the best defenses we use to fight the charges you face and which type of DMV record you should request. Accessing DMV for driving records

    Types of Records the Virginia DMV Maintains

    People are often surprised to learn just how many records the DMV has to use for different purposes in the context of traffic violations and driver’s licensing. Here's a breakdown. 

    Personal Use Records

    These contain information about your driving history for 11 years, including traffic violations, accidents, and license suspensions. Law enforcement and courts commonly use them when assessing your driving behavior. These records could be helpful to present at a sentencing hearing or when you are trying to work out a plea bargain with the prosecutor.

    Employment and Military Records

    Employers and military organizations often request these records to evaluate your suitability for certain positions. They provide insight into your driving history for up to seven years, which can be critical for jobs that require driving or security clearances.

    Transportation Network Company (TNC) Records

    TNC records contain up to seven years of your driving history. They may only be requested by TNC companies for employment purposes.

    Insurance Records

    With five years of your driving history on file, insurance companies use these records to assess your risk as a policyholder. An insurer may charge you significantly higher insurance premiums for compromised performance.

    Habitual Offender Restoration Records 

    If you’re designated as a habitual offender due to multiple serious traffic violations, these records contain information about your driving record for the last 11 years. It’s only used in proceedings when you request that your driving privileges be restored. 

    Mandatory Record Monitoring

    The DMV maintains mandatory record monitoring records for public school bus drivers and commercial, private, and public driver education instructors. If you work in these professions and are convicted of DUI or reckless driving, or had your driver's license suspended or revoked, the DMV sends these records to your employer. 

    Obtaining Your Driving Record in VA Traffic Offense Cases 

    This is a relatively straightforward process, and there are multiple methods to do so.

    • Online. Go to the Virginia DMV website and use the online services to request a copy of your driving record. You must create an account and pay a fee.
    • In person. You can visit a local DMV customer service center in person to request a copy of your driving record. Be sure to bring identification and payment for any applicable fees.
    • Mail. Download and complete the appropriate form from the Virginia DMV website and mail it, along with the required fee, to the address specified on the form.

  • Is it worth the cost to hire a reckless driving attorney in Virginia?

    We believe so, for many reasons. If you were arrested for reckless driving, you may be worried about the potential financial burden of hiring a lawyer. However, it’s essential to understand that this charge is a serious misdemeanor in Virginia, carrying harsh penalties that can impact your life significantly. In addition, if you retain the experienced Manassas reckless driving defense lawyers at The Wilson Law Firm, we’ll mount an aggressive defense and help you save money. 

    Benefits of Hiring a Manassas Reckless Driving Defense Attorney 

    There are many advantages to having a skilled defense lawyer represent you on a reckless driving charge. Let’s take a closer look at the reasons why.

    Raise Your Defenses  Why Hire Virginia Reckless Driving Defense Lawyer

    Knowledgeable attorneys like The Wilson Law Firm professionals understand the complexities of reckless driving laws in Virginia.

    They evaluate your case thoroughly, identify potential weaknesses in the prosecution's evidence or procedures, and raise other defenses to avert a criminal conviction. 

    You may have strong defenses to your charges even if you believe you’re guilty of reckless driving. Knowing this is important, because successfully raising valid defenses can lead to a reduction or dismissal of the charges, which can result in you paying no or reduced fines and other costs. 

    Enter into a Plea Bargain

    Savvy legal representation negotiates with the prosecution on your behalf to secure a plea bargain if this is in your best interests. Entering into a plea agreement often involves reducing the charges to a lesser offense, such as improper driving, which carries fewer penalties. By avoiding a full trial and accepting a plea bargain, you can save time and money while achieving a more favorable outcome than a reckless driving conviction. 

    Keep Insurance Costs Lower

    Reckless driving convictions typically lead to substantial increases in insurance premiums. Over time, these higher rates can cost you far more than the initial legal fees associated with hiring an attorney. By successfully challenging or reducing the charges against you, a lawyer can help you avoid the long-term financial burden of inflated insurance costs.

    Reduce Points on Your Driving Record

    A reckless driving conviction in Virginia can add six demerit points to your driving record, resulting in higher insurance premiums and a risk of license suspension. The Manassas reckless driving attorneys at The Wilson Law Firm work to minimize the impact on your driving record by negotiating for a reduced charge or fighting for a dismissal. This may help you avoid excessive insurance rate increases and maintain your driving privileges.

  • Should I pay my Virginia traffic ticket online or go to court?

    woman-getting-traffic-ticketIf you received a traffic citation, paying it online may seem like the easiest and most convenient option. However, paying the ticket before considering other options may not always be in your best interest. 

    Before deciding how to handle your ticket, it is crucial to consult with an experienced Manassas traffic ticket lawyer who can assess your case and provide guidance tailored to your specific circumstances. 

    Why Paying a Traffic Ticket May Not Be Your Best Option

    You may think getting a traffic citation is no big deal, but you face long-term consequences if you pay the fine online. You should consider these negative ramifications of not fighting the ticket: 

    • Admitting guilt. When you pay a traffic ticket, you admit guilt for the alleged violation and agree to accept the punishment under Virginia law. This admission can have consequences beyond the fine itself. You need to consider the potential impact on your driving record and what could happen if you receive future citations before making a hasty decision to pay the ticket.
    • Waiving defenses. You would forfeit your right to present your defenses in court if you pay the ticket without contesting it. You may have strong defenses that could result in the ticket being dismissed even if you believe you committed the traffic violation.  
    • Increased driving record points. Traffic violations often carry demerit points that are added to your driving record upon conviction and stay on your record for years. You risk your driver’s license suspension or revocation if you collect too many points within a specific timeframe. If you pay a ticket online, points may immediately be added to your driving record. However, you may get the demerit points eliminated or reduced by fighting the ticket.
    • Higher insurance costs. Insurance companies consider traffic violations as indicators of risky behavior. If you pay a traffic ticket, they could significantly increase your motor vehicle insurance premiums. You may be able to mitigate these potential long-term financial consequences by raising your defenses in court.

    For these reasons, it’s essential to consult an experienced Manassas traffic ticket attorney to discuss whether you should pay the ticket online or explore other options.

  • How long does a traffic violation stay on my criminal record in Virginia?

    police-officer-giving-traffic-ticketYou might not think it is a big deal if you receive a traffic ticket in Virginia. However, it is crucial to understand that even minor traffic violations can have long-lasting implications on your driving record. More serious offenses, like reckless driving, can result in a permanent criminal record. However, sometimes these consequences are preventable. An experienced Manassas traffic ticket attorney may help you prevent a traffic citation from going on your record.

    Categories of Traffic Violations in Virginia

    If you are convicted of a traffic ticket in Virginia, the court will notify the Department of Motor Vehicles (DMV) of the conviction. The DMV would add demerit points to your driving record. The three categories of traffic violations in our state include the following:

    • Six-point violations. Examples of six-point violations include DUI/DWI, reckless driving, and driving on a suspended license. These violations are misdemeanors that carry significant penalties and can have consequences for your driving and criminal record long after you complete your sentence.
    • Four-point violations. Speeding, aggressive driving, and failing to yield the right of way are four-point violations. Accumulating multiple four-point violations within a short period can result in the suspension of your driving privileges.
    • Three-point violations. These violations include driving between 10-19 mph above the speed limit, improper passing, and disregarding traffic control devices. While less severe than the higher point violations, accumulating too many three-point violations can still negatively impact your driving record.

    How Long Demerit Points Remain on a Virginia Driving Record

    Demerit points can remain on your driving record for years, which can increase your auto insurance costs and the likelihood of your driver's license being suspended if you accumulate more tickets. Here is how long each classification of traffic violations could remain on your record:

    • Six-point violations. Most six-point violations remain on your driving record for 11 years in Virginia. Some can remain on your record permanently.
    • Four-point violations. These violations typically stay on your driving record for three to 11 years, although some can remain on your record for three or five years.
    • Three-point violations. Three-point violations generally remain on your driving record for three years.

    Safety Points on Your Driving Record

    Accumulating safety points on your driving record can be beneficial. Under Virginia's safe driving program, you can earn one safe driving point for every year you drive without violations or suspensions. The DMV allows you to accumulate up to five safe driving points. These points can offset demerit points and improve your driving record.

  • Can I get my reckless driving charge reduced to a less serious offense?

    Police Officer Pulling Over a Reckless DriverReckless driving is a Class 1 misdemeanor in Virginia that comes with harsh penalties if you are convicted. In addition, you would have a permanent criminal record. Fortunately, you may be able to have the charges reduced to a less serious offense with the help of an experienced reckless driving lawyer.

    Five Ways to Get Your Reckless Driving Charge Reduced in Virginia

    You may be able to get your reckless driving charges reduced to a less serious offense even if the prosecutor has a strong case against you. Here are five options to achieve this goal:

    • Defenses. You may have strong defenses to your charges—even if you know you are guilty. A skilled reckless driving lawyer can determine which defenses will help you the most. They can use them to mount an aggressive defense strategy that could get the charges dismissed or convince the prosecutor to reduce the charges through a plea bargain.
    • Improper driving. Improper driving is a three-point traffic infraction that is removed from your driving record in three years. You may be able to get the charges reduced to improper driving if you can show that you were minimally culpable.
    • Cooperation of the police officer. The police officer who charged you will reckless driving will have to attend your court hearing. If you cooperated with them and were respectful when you were arrested, you may be able to get them to recommend that the charges against you be reduced to a less serious traffic infraction, such as improper driving or a speeding ticket.
    • Driver improvement clinic. Depending on the judge, you may be able to get the charges against you reduced if you attend a driver improvement clinic. Your attorney can advise you if this is a good option in your criminal case.
    • Community service. Some judges will reduce a reckless driving charge if you perform community service before you are sentenced or as a condition of your probation.

  • Can I be charged with reckless driving for failing to use my turn signal?

    Hand Using a Turn Signal in a CarIn most states, failing to use a turn signal is a minor traffic infraction. However, in Virginia, you could be charged with reckless driving for not using your turn signal properly.

    Do not make the mistake of not taking the charges seriously. You need to retain an experienced reckless driving lawyer who can mount an aggressive defense strategy to fight the charges you face.

    What Is Reckless Driving for Not Using a Turn Signal in Virginia?

    Under Virginia Code §18.2-860, a person can be found guilty of reckless driving for failing to give a timely and adequate signal of the intention to turn, partially turn, slow down, or stop. While you could be charged with this offense anytime you do not use your turn signal, you are more likely to face these charges if you were also speeding, violated other traffic laws, or caused an accident that caused someone to suffer injuries or death, or property damage.

    What are the Penalties for Reckless Driving for Not Using a Turn Signal?

    Reckless driving under Virginia Code §18.2-860 is a Class 1 misdemeanor. If you are convicted of or plead guilty to this offense, you will face the same harsh penalties as if the conviction were for a more serious type of reckless driving, such as drag racing or speeding over 100 mph. You could be sentenced to the following:

    • Jail sentence of up to 12 months
    • Fine of up to $2,500
    • Suspension of your driver’s license for six months
    • Six points on your driving record

    In addition, you would suffer the long-term consequences of having a permanent criminal record, such as difficulty obtaining employment, housing, education, and more.

    Have you been charged with reckless driving in Virginia? Our skilled reckless driving lawyers can mount an aggressive defense strategy to help you get the charges dismissed or reduced to a less serious offense. Call our Manassas office at 888-DUI-LWYR or fill out our online form to schedule your free consultation today to learn more about how we can assist you.

     

  • Will my reckless driving case be dismissed if the police don’t show up at my court hearing?

    Your punishment could be severe if you are convicted of reckless driving in Virginia. You need to raise all the defenses you have to fight the charges you face and avoid the punishments and long-term consequences of a conviction.

    Why Would the Police Miss a Reckless Driving Court Hearing?

    Police Officer at a Reckless Driving HearingYou may feel you have an easy defense if the police officer who arrested you fails to show up at your court hearing. Unfortunately, it can have less of an impact on your case than you might believe. There could be many reasons that the officer could not attend your court hearing.

    Common Reasons an Officer May Miss a Court Hearing

    • Illness
    • Family emergency
    • Public safety emergency
    • Attendance at another court hearing where they must testify

    What If the Police Fail to Show Up at Your Hearing?

    Although you face harsh consequences for missing your reckless driving court hearing, this is not the case if the police officer does not attend it. Unfortunately, getting a reckless driving case dismissed for this reason is rare.

    What Happens After an Officer Does Not Attend the Hearing

    • When police contact the court. In many cases, the police would contact the court before the hearing either by telephone or by sending a letter to inform the judge why they cannot attend. The judge would most likely reschedule your hearing to another date.
    • When police don’t contact the court. If the officer does not show up at your hearing and has not notified the court in advance, it is still unlikely that your case would be dismissed. The court clerk would try to reach them to reschedule your hearing. The police understand the importance of attending reckless driving hearings and would probably cooperate in rescheduling yours.

    Have you been arrested for reckless driving in Virginia? Our experienced reckless driving lawyers understand the ramifications of a conviction on your life. We will aggressively defend you against the charges you face. This could result in the charges being dismissed or reduced to a less serious offense through a plea bargain. To find out more about how we can assist you, call our Manassas office at 888-DUI-LWYR or fill out our convenient online form to schedule your free consultation today.

     

  • What should I say to the police if I’m stopped for reckless driving?

    Reckless driving is a serious criminal offense in Virginia. What you say to the police when you are pulled over for reckless driving can directly impact your defenses and the outcome of your criminal case. Here are five tips on what to say to the police when they stop you.

    What to Say to the Police Officer Who Pulls You Over for Reckless Driving

    Officer Talking to a Driver After Being Stopped for Reckless DrivingIn Virginia, reckless driving is a Class 1 misdemeanor. If you are convicted, you face harsh penalties and will be left with a permanent criminal record. You can protect your rights and help an experienced reckless driving lawyer mount a strong defense for you if you follow these tips:

    • Cooperate. You should remain polite and provide the officer with your driver’s license, vehicle registration, and proof of insurance. If you are argumentative or uncooperative, you could be charged with even more serious offenses and could endanger yourself.
    • Remain silent. Except for providing the basic information listed above, you have a constitutional right to remain silent and not incriminate yourself. Politely tell the police that you are exercising your right and refrain from making any statements. They could be used against you in court.
    • Sign the ticket. In Virginia, you will receive a summons to appear in court that looks like a traffic ticket when you are stopped and charged with reckless driving. You need to sign the reckless driving summons. You are not pleading guilty by signing it.
    • Don’t answer questions. The police will most likely ask you questions like “Do you know why you are being pulled over?” or “Do you know how fast you were driving?” They are asking these questions to try to get you to admit to reckless driving. Politely refuse to answer these and any other questions.
    • Hire a lawyer. You need to retain a reckless driving attorney as soon as possible after you are charged with this crime. They will explain what to expect in your criminal case and develop a strong defense strategy that could result in the charges being dismissed or reduced to a less serious offense through a plea bargain.

    Were you charged with reckless driving in Virginia? Call our Manassas office or fill out our online form to schedule a free consultation with our skilled reckless driving lawyers to learn how we will aggressively defend you.

     

  • Can I be charged with reckless driving if I live in another state?

    Reckless Driver Pulled Over by the PoliceUnfortunately, you can be charged with reckless driving if you are driving through Virginia or are visiting our state for business or pleasure. While many reckless driving charges involve speeding, you could also be arrested for this crime for other violations, such as driving with faulty brakes, passing a stopped school bus, failing to yield the right of way, or not using your turn signals.

    What You Need to Know If You Are an Out-of-State Resident Charged With Reckless Driving in Virginia

    You must take the reckless driving charges you face seriously. While it may appear that you are just receiving a traffic ticket—you are being charged with a crime. Here is what you need to know:

    • Misdemeanor. Reckless driving is a Class 1 misdemeanor, which is the most serious misdemeanor offense you could be charged with in the Commonwealth of Virginia.
    • Harsh penalties. You could face serious penalties if you are convicted of reckless driving. You could be sentenced to up to 12 months in jail and a fine of up to $2,500. In addition, your driver’s license may be suspended for six months and you could have six points on your driving record.
    • Court appearance. You cannot simply plead guilty and pay a fine. You will need to attend one or more court hearings because you are being charged with a misdemeanor offense.
    • Permanent criminal record. If you are convicted of reckless driving, you will have a permanent criminal record. This could have long-term consequences in your life, such as limiting your ability to obtain a job, education, loans, and more.
    • Interstate compact. Most states participate in the interstate driver’s license compact, which means that the ramifications of a Virginia reckless driving conviction would follow you to your home state. For example, you may have your driver’s license suspended and have the same six points placed on your driving record where you live.
    • Attorney. It is not in your best interest to just plead guilty or try to represent yourself in your criminal case. An experienced reckless driving lawyer in Virginia can raise your defenses—which you may have even if you are guilty—and negotiate a favorable plea agreement with the prosecutor if this is in your best interest. A lawyer may also be able to appear at court hearings on your behalf so that you do not need to be present.

    Are you an out-of-state resident charged with reckless driving in Virginia? Our dedicated legal team will mount an aggressive defense strategy for you and will make the process as convenient as possible. To learn more about how we can assist you and what you can expect in your criminal case, call our Manassas office to schedule a free consultation today.

     

  • Should I take a driver’s improvement course before my reckless driving hearing?

    If you have been charged with reckless driving in Virginia, you are facing misdemeanor charges that carry stiff penalties and could have long-term consequences in your life. You need to do everything you can to fight the charges and reduce the ramifications of a conviction. One step that could help you is to take a driver improvement course before you go to your court hearing.

    What Is a Driving Improvement Class?

    Driving Improvement ClassA driving improvement course is a class that you can take online or in-person to relearn defensive driving techniques that will help you avoid causing an accident. You must attend approximately eight hours of classes to successfully complete it.

    If you are considering taking a driver’s improvement class before your court hearing, it is important to pick one that is approved by the Virginia Department of Motor Vehicles (DMV). You can find a list of clinics on their website. The cost of this class is around $100.

    How Taking a Driving Improvement Course Could Help You

    Whether taking a driving improvement class will help your reckless driving case will depend on several factors, such as the facts surrounding your arrest, the jurisdiction where your case is being heard, and the judge assigned to your case. In addition, your prior criminal record, including prior reckless driving convictions, could have an impact on whether you should take this class. Here are three ways a driving improvement course could be beneficial:

    • Reduced charges. If this is your first offense and you do not have other speeding tickets, completing a course could result in the charges against you being dismissed or reduced to a less serious traffic offense.
    • Fewer demerit points. If you are convicted of reckless driving, six demerit points would be added to your DMV record. You may have your driver’s license suspended or revoked if you have too many demerit points on your record. You could have five demerit points removed from your DMV record once you complete a driving improvement course.
    • Lower insurance costs. Some insurance companies will reduce the cost of your auto insurance, which could increase significantly if you are convicted of reckless driving if you take these classes through an approved driving improvement clinic.

    How to Know If You Should Take a Driving Improvement Course

    The best way to know if taking a driving improvement class will help you is to retain an experienced reckless driving lawyer. They can also mount a strong defense strategy to fight the charges you face. To find out how our knowledgeable legal team can assist you, call our Manassas office or start a live chat to schedule your free consultation today.

     

  • Should I accept a plea bargain to reduce my reckless driving charges?

    Reckless driving is a serious misdemeanor offense in Virginia. If you are convicted of this crime, you could be sentenced to a lengthy jail sentence and have a permanent criminal record.

    You need to mount a strong defense strategy to avoid the consequences you face. You will most likely have to decide whether to accept a plea bargain at some point in your criminal case. Here are the pros and cons of entering into a plea agreement that you should consider when making this important decision.

    Benefits of Entering Into a Plea Agreement

    Trial and Plea Bargain DoorsA plea bargain is an agreement between the prosecutor and defendant where the defendant agrees to plead guilty in exchange for a benefit given by the prosecutor. Many cases, including reckless driving cases, are resolved through a plea bargain.

    Prosecutors and judges like plea agreements because they reduce their heavy caseloads and results in quicker resolutions of their cases. Here are the benefits of a plea agreement:

    • Reduced charges or sentence. The prosecutor could agree to reduce your charges to a less serious misdemeanor offense or traffic infraction to reduce your punishment in exchange for your guilty plea.
    • Fewer costs. You will pay more attorney fees and trial preparation costs if you decide to take your case to a jury trial. One practical benefit of entering into a plea bargain is that you would save money.
    • Certainty. Another big advantage of entering into a plea agreement is that you will have much more certainty of the outcome of your reckless driving case. Even if you are innocent or have strong defenses to the charges you face, there is no guarantee that you would be found not guilty at a trial.

    Drawbacks of a Plea Bargain

    There are also cons to agreeing to plead guilty to reckless driving. Here are a few that you should consider:

    • Loss of rights. You would be giving up your right to present your defenses and to have your case decided at a jury trial. If you are innocent or have strong defenses that could result in the charges being dismissed, it can be hard to agree to plead guilty.
    • Sentence. If you plead guilty to a reduced offense or a traffic infraction, you would face a punishment, such as a jail sentence and fine.
    • Criminal record. You could have a permanent criminal record if you plead guilty to another misdemeanor offense. This can affect your ability to obtain employment, loans, education, and more.

    If you have been charged with reckless driving in Virginia, you should not agree to a plea bargain without first consulting with an experienced reckless driving lawyer. To learn how our skilled attorneys can help you, call our Manassas office or start a live chat to schedule a free initial consultation today.

     

  • What happens if I miss my reckless driving court hearing?

    Court Date Circled on the CalendarIf you are stopped by the police and charged with reckless driving in Virginia, you are not placed in handcuffs and booked at the police station. Instead, the officer would have you sign a summons, which looks like a traffic ticket, where you promise to attend your court hearings and release you. While this is much better than going to jail until you can post bond, you face serious consequences if you miss your court hearing.

    Penalties You Face If You Miss Your Reckless Driving Court Hearing

    The ramifications of missing a court hearing if you are charged with reckless driving are much more severe than if you did not attend a hearing for a traffic infraction, such as speeding. This is because reckless driving is a Class 1 misdemeanor offense. If you miss your court hearing, the judge will take the following actions against you:

    • Charge you with failure to appear, which is a misdemeanor offense in Virginia
    • Issue a show cause warrant

    When the judge issues a show cause warrant, you are required to attend another court hearing to explain why you missed your court hearing. When a warrant for your arrest is issued, the police could arrest you at any time. The magistrate may allow you to post bond to be released from jail, but there is no guarantee that this will happen.

    If you are charged with failure to appear, you are facing an additional misdemeanor offense in addition to the reckless driving crime you were originally arrested for committing. You could face these penalties if you are convicted:

    • Jail sentence of up to one year
    • Fine not to exceed $2,500

    What You Need to Do If You Missed Your Court Hearing

    You should retain an experienced reckless driving lawyer as soon as you realize you missed your scheduled court hearing. A lawyer can take steps to avoid you being charged with another offense and represent you at a show cause hearing.

    Your attorney can also mount a strong defense to the reckless driving charges you face so that they are dismissed or reduced to a less serious offense. To learn how The Wilson Law Firm can help you, call our office or fill out our convenient online form to schedule your free consultation today.

     

  • Am I pleading guilty if I sign a reckless driving ticket?

    Police Officer Writing a Reckless Driving TicketNo, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you to remain free until your case is decided.

    What Are You Signing When You Sign the Reckless Driving Summons?

    The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. It will tell you the date, time, and location of your hearing. Here is what you are agreeing to when you sign the summons:

    • You are not pleading guilty by signing the summons.
    • By signing the summons, you are promising to attend your court hearing in your criminal case.
    • You understand that if you fail to attend your court hearing, you could be arrested.

    What Could Happen If You Refuse to Sign the Reckless Driving Summons?

    If you refuse to sign the reckless driving summons, the police officer may assume that you will not appear in court and has the discretion to arrest you and take you to the police station to be booked. Keep in mind that you can be arrested even if you sign the ticket if the officer has other reasons to believe that you will not attend your court hearing.

    In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense.

    Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. They can raise your defenses—which you can have even if you are guilty of the charges—so that you achieve the best possible outcome given your situation.

    Were you or a family member charged with reckless driving in Virginia? Call our Manassas office or start a live chat today to schedule your free consultation to learn how we will aggressively fight for your rights.

     

  • When can speeding be charged as reckless driving in Virginia?

    Speeding Car Headed DowntownReckless driving is a serious misdemeanor offense in Virginia, and there are approximately 16 different ways that this crime can be committed. Speeding is one of the most common reasons that drivers are charged with this offense. Here is what you need to know about if you receive a summons to appear in court for reckless driving rather than being ticketed for speeding.

    When Speeding Is Considered Reckless Driving Under Virginia’s New Law

    Virginia passed a new law that went into effect on July 1, 2020, that changed when speeding can be charged as reckless driving. Under Virginia Code § 46.2-862, there are two ways to be charged with this crime:

    1. It is reckless driving to drive at a speed 20 mph or more over the posted speed limit.
    2. No matter what the posted speed limit is, it is reckless driving to drive in excess of 85 mph. Under the old law, driving more than 80 mph could result in this charge.

    Penalties You Face If Convicted of Reckless Driving

    Reckless driving is a Class 1 misdemeanor, which is the most serious misdemeanor offense in our commonwealth. If you are convicted of reckless driving for speeding, you could face these punishments:

    • Up to 12 months in jail
    • Fine of up to $2,500
    • Driver’s license suspension for six months
    • Six demerit points on your driving record

    In addition, you would experience other long-term consequences, such as a permanent criminal record. This can make it much harder for you to obtain employment, housing, security clearance, and much more. You would also have to pay significantly higher auto insurance costs and risk having your driver’s license suspended if you had too many additional demerit points added to your driving record in a relatively short period of time.

    What to Do If You Are Charged With Reckless Driving for Speeding

    If you have been arrested for reckless driving, your first step should be to retain an experienced reckless driving attorney to aggressively fight the charges you face. Even if you believe that you committed the offense, they may be able to raise strong defenses for you that may result in the charges being dismissed or reduced to a less serious traffic infraction. To learn how The Wilson Law Firm can help, call our office to schedule a free consultation today.

     

  • Can I rent a car if I’m convicted of reckless driving in Virginia?

    Car Rental Website on a TabletIt depends on whether or not the rental car company knows about your reckless driving conviction. If the rental car company knows about your reckless driving conviction, then it may not allow you to rent a car.

    How Rental Car Companies Learn About Reckless Driving Convictions

    A rental car company can find out about your reckless driving conviction by:

    • Checking your driving record when you provide your driver’s license
    • Asking you to disclose any driving-related conviction when you sign your rental car agreement

    It is important to provide your valid driver’s license and to tell the truth when you sign the rental car contract. Providing a fake driver’s license or lying on a contract could get you in additional legal trouble.

    Avoid a Reckless Driving Conviction in the First Place

    There are many consequences for a reckless driving conviction. Some may seem rather obvious. For example, you may be subject to a fine and jail time if you are convicted of a crime.

    Other potential penalties, however, may be less obvious. For example, your job, security clearance, military service, and even your ability to travel to Canada may be impacted by a reckless driving conviction.

    If you are arrested or you face potential reckless driving charges, then it is important to take these allegations seriously and to begin protecting your rights as soon as possible. An experienced Virginia reckless driving defense lawyer understands everything that you have at stake, from renting a car and going on your next trip to staying out of prison. Attorney T. Kevin Wilson knows what questions to ask, what evidence to gather, and what arguments to make to protect your rights.

    Learn about the difference that an experienced reckless driving defense attorney can make by calling us or filling out our online contact form today to schedule a free, no-obligation consultation with The Wilson Law Firm. We will help you protect your rights and avoid the many potential penalties that come with a reckless driving conviction in Virginia.

     

  • This is the first time I’ve ever had to hire a lawyer. Do you have any tips for working effectively with an attorney?

    Client Having a First Meeting With a Reckless Driving AttorneyYou aren’t alone. Some of our clients come to us never having hired an attorney for anything before. Other people come to us having only dealt with attorneys in civil cases such as motor vehicle accidents, family law situations like a divorce, or estate planning purposes when they needed to draft a will.

    How to Work With a Criminal Defense Lawyer

    Now, your situation is different. You face criminal charges for reckless driving, may face jail time, and other significant legal penalties.

    An experienced reckless driving defense lawyer can protect your rights and help you navigate the court system after you have been charged with reckless driving. You can help your lawyer do his job by:

    • Being honest. Your lawyer needs to know exactly what happened right before the police officer pulled you over and when the police officer pulled you over. Some of the facts of your case may not be beneficial to your case. That’s okay. It is better for your lawyer to know them up front than to try to deal with them for the first time when the prosecution raises them.

    • Being a good communicator. It is important to share all of the information that you have with your lawyer and to return your lawyer’s calls. Your lawyer needs information from you in a timely way to defend you.

    • Being realistic. Your lawyer can’t change the facts of your case, but can work within the confines of the law to make sure that you are treated fairly after a reckless driving arrest.

    Don’t waste any time contacting a reckless driving defense lawyer. The sooner you contact a lawyer, the sooner your lawyer can get to work defending you. For more information about how a reckless driving defense lawyer can help you or to schedule your first meeting with Attorney T. Kevin Wilson, please call us or reach out to us via this website as soon as possible.

     

  • Can I prepay a reckless driving summons?

    Driver Receiving a Reckless Driving Ticket in VirginiaThere are some traffic offenses that you can prepay. For these non-criminal offenses, you may simply pay a fine and move on with your life.

    Reckless driving is not one of these offenses. Reckless driving is a crime, and you can’t prepay a fine to make the situation go away.

    When the officer hands you a piece of paper after you are pulled over for reckless driving, you are not getting get a ticket. Instead, you are receiving a summons. This summons describes the charges against you and requires you to appear in court to defend yourself against the charges.

    Defend Yourself If You’re Charged With Reckless Driving

    You likely wanted to prepay your reckless driving ticket so that you could put this matter behind you. Since that is not an option, you will have to defend yourself in court and prevent the prosecution from proving that you were driving recklessly in violation of Virginia law.

    An experienced reckless driving lawyer can analyze the evidence against you and identify the right defenses in your case. Your attorney can then use this information to negotiate a plea bargain with the prosecution or to represent you before the court.

    The potential consequences of distracted driving are significant. You may face jail time, fines, a reversal of your security clearance, and trouble finding a job. However, these consequences are not inevitable. You may be able to fight them. It may take longer than simply sending in a check to pay for a traffic infraction, but it does not have to be more stressful if you work with the right attorney who understands this area of the law and who will aggressively defend you against the charges you face.

    Attorney T. Kevin Wilson has the experience and training that you need if you face reckless driving criminal charges in the Commonwealth of Virginia. Contact him today through our online contact form or by phone to schedule a free consultation and to learn more about how you can resolve these charges against you.

     

  • How do I know if I can trust you to represent me in a Virginia reckless driving case?

    Trust Knob Turned to HighYou face criminal charges that could impact your life for a long time. In Virginia, a reckless driving conviction could result in a prison sentence, a fine, a revocation of your security clearance, a license suspension, and other serious consequences.

    You need a lawyer you can trust to fight hard for you.

    Get to Know Our Reckless Driving Firm

    Before you trust us with your reckless driving criminal defense work, we want you to get to know us better. We want you to have all of the information that you need to decide whether you can trust us with the critical job of defending your rights in court. It is important to hire a reckless driving defense lawyer quickly, but before you do so, we encourage you to:

    • Read our client testimonials. Here, our clients share their thoughts about The Wilson Law Firm and Attorney T. Kevin Wilson with you.

    • Browse our reckless driving articles. You can learn more about how we handle reckless driving cases by browsing our reckless driving library articles, blog posts, and FAQs. You can also browse our reckless driving defense case results to see how we’ve helped other people charged with this crime in Virginia.

    • Schedule a free consultation. Meet with us face to face. Ask us any questions that you have about us or your reckless driving defense and decide for yourself whether Attorney T. Kevin Wilson is someone you trust to represent you in your reckless driving defense case.

    Hiring a reckless driving defense lawyer may be the most important decision that you make after a reckless driving arrest. Do not waste any time in finding out more about us. Instead, call us, start a live chat with us, or fill out our online contact form today to start learning more about us and about whether you trust us to protect your rights in a reckless driving case.

     

  • What happens if I’m arrested for reckless driving in Virginia while I’m on probation for another crime?

    Reckless Driving SignThis isn’t the first time that you’ve been accused of committing a crime in Virginia. You are currently on probation as a sentence for another crime. As you well know by now, there are specific terms related to your probation. One of those terms likely prevents you from committing a crime. An arrest—even before you are convicted—may violate the terms of your probation.

    Probation Violation Is a Serious Legal Matter

    If you are accused of a reckless driving crime while you are on probation in Virginia then you have two legal problems:

    • You face potential probation revocation. This may mean that you need to serve jail time or another sentence imposed by the court for the crime for which you are currently serving probation.

    • You face potential legal consequences related to the reckless driving charges pending against you. This may include jail time, fines, and other penalties.

    If you are found to have violated the terms of your probation agreement and if you are found to be guilty of reckless driving then you may have to serve both sentences consecutively, and you may lose your freedom for a long time.

    You Need a Criminal Defense Lawyer Now

    You have not received a speeding ticket. Instead, you have been charged with a crime, and you face all of the potential penalties that come with a criminal conviction.

    Your future is not something that you can leave to chance. Instead, you need to work with an experienced reckless driving defense attorney who knows what evidence to gather, what questions to ask, and what arguments to make to protect your rights in accordance with Virginia law.

    Do not suffer more significant penalties than necessary. Instead, talk to Attorney T. Kevin Wilson about how you can minimize any jail time, fines, or license suspension. Contact the Wilson Law Firm today to schedule your free, no-obligation consultation and to discuss your next moves.

     

  • What is a highway?

    An Empty HighwayThe Virginia reckless driving speeding statute provides, in part, that, “A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth…” If you were speeding, but you were not on a highway, then the Commonwealth of Virginia may not have a case against you.

    Highway May Not Mean What You Think it Means

    We all have an idea of what a highway is in our heads. To many of us, the term highway means a major road often with entrance and exit ramps and without frequent stop signs, intersections, or traffic lights.

    However, that is not what the term means when it is used in the reckless driving statute. According to 46.2-100 of the Virginia Code “"Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.”

    The Definition of Highway Can Be Important to Your Defense

    While most public roads are highways, there may be situations when you are accused of reckless driving, and you were not on a highway. This could happen, for example, if you are accused of reckless driving in a privately-owned parking lot.

    An experienced reckless driving defense lawyer will look closely at every aspect of your case and identify all of the potential defenses. This includes whether your alleged reckless driving technically took place on a highway or private property. To learn more about all of your possible defenses after a reckless driving arrest, please contact our the Wilson Law Firm today for a free and confidential consultation.