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 save some money and represent myself after a reckless driving charge?
The DIY approach may be a great idea when it comes to making minor home repairs or learning how to cook a dish from your favorite restaurant, but it's not the best plan when it comes to handling a reckless driving charge. Although you have the legal right to choose to represent yourself, this is a decision that can end up costing much more than you'd save in attorney's fees.
The Cost of a Reckless Driving Conviction
If you're convicted of reckless driving, you face a number of penalties that can be very expensive, including the following:
- Fines
- Jail time
- License suspension, with no guarantee of restricted driving privileges
- Raised insurance rates when you get your license back
- The stigma of a criminal record, making it more difficult to pass a pre-employment background check
- The possibility of job loss, if your employment requires a security clearance or a valid CDL
You have 10 calendar days to appeal any conviction, with the option to request a jury trial on appeal. However, if you're convicted, you'll be stuck with the court costs for the trial in addition to all of the penalties listed above.
How an Attorney Can Help
Virginia's reckless driving laws can be quite complex, which is why it's best to hire an experienced attorney who can guide you through the process. Don't make the mistake of relying on ineffective amateur defenses such as "I was only going with the flow" or "The officer stopped the wrong car."
Your attorney can explain how your past driving record affects your case, help you obtain a speedometer calibration or other evidence to support your case, and explore options such as reducing the charge to a lesser offense like improper driving. In some cases, your attorney may even be able to appear in court on your behalf so you don't need to schedule time off work to attend to the matter yourself.
Virginia attorney T. Kevin Wilson has extensive experience helping clients build an aggressive defense against reckless driving charges and is intimately familiar with the intricacies of the state's traffic laws. Call today to schedule a free, no-obligation initial consultation.
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Can I be arrested for reckless driving if the police officer didn’t witness me doing anything wrong?
Although many Virginia drivers do receive reckless driving citations after a police officer sees them speeding or engaging in other unsafe behavior, an officer doesn't necessarily need to directly witness unsafe behavior to issue a ticket. After an accident, it's actually common for the driver who is thought to be at fault to be charged with reckless driving once an officer arrives on the scene.
Reckless Driving Charges Following an Auto Accident
Although officers generally have a fair amount of discretion when issuing reckless driving citations, this is not the case if an accident occurs. After a car accident causing injury or property damage, officers are considered duty-bound to issue some sort of ticket to the driver thought to be at fault.
In many cases, the officer charges the driver thought to be at fault with reckless driving. Since reckless driving encompasses so many different behaviors, this is the charge that's used as a catch-all if the officer isn't exactly sure what happened. You can be charged under the state's general reckless driving laws or under the statute that governs failure to maintain control of your vehicle.
Defending Against a Reckless Driving Charge
If you've been charged with reckless driving, it's important to remember that the facts surrounding an accident are rarely black and white. Providing a reasonable explanation for the accident can reduce your culpability by showing that you weren't engaging in deliberately reckless behavior.
You may have lost control of your vehicle, but it's possible that poor weather, improperly maintained roads, or sudden mechanical problems played a factor in the accident. Swerving to avoid a deer or a child who ran into the road could cause an accident that wouldn't be your fault. Medical emergencies are another example of a contributing factor that you may need to address.
The Value of Experienced Legal Representation
Reckless driving is a Class 1 misdemeanor and not a simple traffic ticket. It comes with hefty fines, the possibility of jail time, and the stigma of a criminal record. Protect yourself by consulting an experienced reckless driving attorney to build the strongest possible defense. Call today to schedule a free, no-obligation initial case review with Virginia reckless driving attorney T. Kevin Wilson.
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I was in an accident after my brakes failed and I was charged with reckless driving. Will I be convicted?
After an accident causing injury or property damage, Virginia law enforcement officers are typically considered duty-bound to issue a citation. Even if you believe your accident was caused by brake failure, you can still be charged with reckless driving because you failed to maintain control of your vehicle. However, there are some options available to defend against the charge.
Understanding Virginia's Reckless Driving Law
Virginia Code Section 46.2–853 allows you to be charged with reckless driving for not having your vehicle under control or having faulty brakes. Officers may occasionally write "improper brakes" or "fail to maintain control" on the ticket, but it's still a reckless driving charge.
It may seem unfair to be charged with a criminal offense for having faulty brakes, but the law requires drivers to take all reasonable precautions to prevent accidents. This includes having your vehicle serviced regularly.
That being said, you may be able to defend against the change by showing that your vehicle had been regularly serviced and that no problems had been found in a recent safety inspection. Judges have a fair amount of discretion in reckless driving cases, so a sudden and completely unexpected brake failure is more likely to be viewed as an unfortunate accident.
Another possible avenue of defense would be to show that your vehicle's make and model had a known history of brake failure. However, this is only appropriate if you had no knowledge of the issue before the accident. If you knew of the issue and failed to correct it, you'd be considered responsible.
T. Kevin Wilson Can Help
Reckless driving is a Class 1 misdemeanor, with a maximum punishment of a $2,500 fine, 12 months in jail, and a six-month license suspension. However, an experienced attorney can often build a case to drop or reduce the charge to a lesser offense. Call today to schedule a free, no-obligation initial case review with Virginia reckless driving attorney T. Kevin Wilson.
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Can I be charged with reckless driving for having too much stuff in my car?
If you haven't cleaned out your car in a while, you might want to add this chore to your to-do list. If your clutter obstructs your view, you could be charged with reckless driving.Virginia's Reckless Driving Law
Virginia law requires you to have a clear view of the front, back, and side windows of your vehicle. If you are transporting objects or have passengers who are blocking your view, you can legally be charged with reckless driving. It does not matter if you have an "overloaded" bumper sticker or your caution lights are on.
You must also be able to easily access the driving mechanisms of the vehicle. This means any objects in your car that affect your ability to steer, shift, brake, or signal can result in a reckless driving ticket.
How Officer Discretion Affects the Charge
This type of reckless driving case often relies heavily on officer discretion. It's not automatically illegal to have multiple passengers or to be transporting bulky objects in your car. It's left up to the officer to determine if your vehicle is overloaded or your view is obstructed in a way that poses a threat to public safety.
Possible Defenses
If you're charged with this type of reckless driving, you will most likely need to present evidence affirming that your view was clear or that you were still able safely operate your vehicle. Relying on your past record as a safe driver would be one way to show that you have good judgement and are committed to being responsible on the road.
Since reckless driving is a criminal offense, a conviction carries hefty fines, the possibility of jail time, and the stigma of a criminal record. Don't simply pay your ticket and hope for the best. An experienced attorney can help you build an aggressive defense or develop a strategy to reduce the charge to a lesser offense such as improper driving. To learn more about your options, call today to schedule a free, no-obligation initial case review with Virginia reckless driving attorney T. Kevin Wilson.
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Can I be arrested for reckless driving if I fail to use my turn signal?
Using your turn signals is more than just a good way to be courteous to other drivers. Turn signals are legally required as a key component of safe driving behavior. If you fail to signal a turn, a Virginia law enforcement officer can decide to arrest you for reckless driving.
Failing to Use Your Turn Signal Can Have Big Consequences
Virginia law requires you to provide "adequate and timely signals of intention to turn, partly turn, slow down, or stop." This is so your intended path is clearly communicated to others on the road.
According to the Virginia Driver's Manual, this means you should signal at least 100 feet ahead of the turn. This is roughly three to four seconds before you turn. If there is a stop sign or traffic light at the intersection, you're also required to come to a complete stop before turning.
If you forget to use your turn signal because you're distracted, inattentive, or in a hurry to get to your destination, you can be charged with reckless driving. It does not matter if you've broken no other traffic laws and no one is hurt because of your actions.
More Than Just a Traffic Ticket
Many drivers with an otherwise spotless record are surprised to learn that reckless driving is a criminal charge and not a simple traffic violation. This means that a conviction carries hefty fines as well as the possibility of jail time. You'll also be left with the stigma of a criminal record that can affect future employment opportunities, your ability to maintain an active security clearance, and more.
To protect your rights, it's best to hire an experienced attorney who can help you develop the strongest possible defense. Some of the options available to you might include attending a driver improvement clinic or completing community service hours in exchange for having the charge reduced to a traffic violation such as improper driving. Call today to schedule a free, no-obligation initial case review with Virginia reckless driving attorney T. Kevin Wilson.
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Am I eligible for a restricted license if I’ve been convicted of reckless driving in Virginia?
For many people, the most stressful aspect of a reckless driving conviction is dealing with the loss of driving privileges. Fortunately, it's often possible to receive a restricted license if you petition the court.
Receiving a Restricted License
If you were convicted of reckless driving, the court can grant you a restricted license at the time of the conviction. The judge is not required to approve your request for a restricted license, but demonstrating a legitimate need for transportation and being respectful throughout the process can increase the odds of your request being granted.
A restricted license allows you to drive only during specific times, typically for purposes deemed of high importance by the court. For example:
- Traveling to and from work or school
- Necessary transportation during working hours
- Traveling to and from medical appointments
- Transporting your minor child to school or attending child visitation
- Attending worship services
- Traveling to and from court or a probation program
In most cases, the restricted license is a green piece of paper that lists your specific driving restrictions. You must sign the paper and keep it with you at all times.
Penalties for Violating the Terms of a Restricted License
You are not allowed to drive for any reason that is not specifically listed on your restricted license. This includes small side trips such as stopping to get groceries on your way home from your child's school or giving a coworker a ride to or from work. Driving for unauthorized purposes can lead to your restricted license being revoked, as well as adding additional fines or potential jail time to your sentence.
The Value of Skilled Legal Representation
While a reckless driving conviction carries stiff penalties, having a skilled attorney to guide you through the process can help you with steps such as requesting a restricted license or filing an appeal. Virginia attorney T. Kevin Wilson is committed to helping clients build an aggressive defense against reckless driving charges. Call today to schedule a free, no-obligation initial case review.
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If my GPS said I wasn't going as fast as what the arresting officer claimed, can I use this to get out of a reckless driving charge?
Your car's GPS can be a lifesaver when you need directions to your destination, but it won't necessarily be effective as evidence in a reckless driving case.How You May Be Able to Use GPS Evidence in a Reckless Driving Case
The problem with using GPS evidence in your reckless driving case is that you'll need to prove your GPS is working correctly. A trooper's radar unit is regularly checked to make sure it is calibrated appropriately. A GPS unit isn't, since its main function is to make sure you can find your way to your destination.
If you want to use GPS evidence in your reckless driving case, your attorney will likely recommend obtaining a speedometer calibration. The results of a speedometer calibration, when compared to your GPS, can be used to verify that the evidence you're presenting is correct.
Speedometer calibration is done with a machine called a dynamometer. With your car's wheels resting on the dynamometer's cylinders, the dynamometer shows how fast you would be traveling if you were on the road. This reading is then compared to what your speedometer says.
If the results of the speedometer calibration aren't in your favor, you don't have to submit the evidence unless the prosecution requests it. Since speedometer calibrations are fairly inexpensive to obtain, this makes them well worth investigating as an avenue of defense in your reckless driving case.
GPS evidence supported by a speedometer calibration is most likely to be effective if you were initially clocked at close to Virginia's reckless driving cutoff of 20 miles over the posted speed limit or 85 miles per hour regardless of the posted speed limit. In these cases, a discrepancy of a few miles can typically get your charge reduced to a lesser offense.
Building the Strongest Possible Defense
Since reckless driving is considered a criminal offense and not a simple traffic violation, you'll face hefty fines, the possibility of jail time, and the stigma of a criminal record if you're convicted. Virginia attorney T. Kevin Wilson is committed to helping clients build an aggressive defense against reckless driving charges. Call today to schedule a free, no-obligation initial consultation.
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Will a reckless driving conviction affect my security clearance?
If you're in the military or work for the government in a capacity that involves handling sensitive information, maintaining an active security clearance may be an essential condition of your employment. While one reckless driving charge won't necessary prevent you from keeping your security clearance, you may run into problems if there are other factors that call your judgement into question.
Maintaining Your Security Clearance
Reckless driving is typically a Class 1 misdemeanor, which is considered a criminal charge that's more serious than a simple traffic ticket. However, the charge won't automatically prevent you from keeping a valid security clearance. A number of factors will be considered, including:
- Your position
- Your level of security clearance
- Whether or not this is your first reckless driving offense
- If you have other misdemeanor offenses on your record
The rules for maintaining a security clearance become stricter as you advance in your career. For example, a low-level security clearance may only require that you report felony convictions. A mid-level clearance may be sympathetic to one mistake, but less understanding if your record suggests a pattern of irresponsible behavior. To figure out the best way to proceed, you'll need to speak to your clearance officer to learn more about how a reckless driving charge may affect your security clearance.
How an Attorney Can Help
If you maintain an active security clearance and are facing a reckless driving charge, it would be a grave mistake to simply pay the fine and accept the consequences. With the assistance of an experienced attorney, you may be able to have the charge reduced to a lesser offense or dropped all together. For example, agreeing to complete a driver improvement clinic or community service may allow you to have your charge reduced to the lesser offense of improper driving.
Virginia attorney T. Kevin Wilson is committed to helping clients build an aggressive defense against reckless driving charges, with a proven record of success. To learn more about your options, call today to schedule a free, no-obligation initial case review.
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If reckless driving is a crime, why was I not handcuffed or taken to the station?
Under Virginia law, reckless driving is considered a criminal charge and not a simple traffic violation. However, it's unlikely that you would be handcuffed or taken to the station if you were charged with this offense.Your Ticket Is a Summons to Appear in Court
When you're pulled over for reckless driving, the paper ticket the officer gives you is actually a legal summons replacing traditional forms of custodial arrest. There will be a date, time, and location listed where you are expected to appear in court.
When you sign the ticket, you're promising to appear in court to address the charge. If you refuse to sign or the officer has reason to believe you don't intend to come to court, you can be taken into custody and booked on the charge. Therefore, it's in your best interests to sign the ticket regardless of whether you believe you're guilty of the offense.
The Court Process
After you receive a reckless driving ticket, it's important not to panic. The penalties associated with the charge are significant, but an experienced attorney can often get the charge reduced or dropped. There are a number of different defenses that you can use, such as obtaining a speedometer calibration, arguing that your conduct was due to a medical emergency, or agreeing to complete a driver improvement clinic.
When you appear in court, it's recommended that you dress conservatively in business casual attire. Be polite and respectful throughout the process. If you choose to testify, keep your testimony concise and stick to the relevant facts. If you will need special accommodations due to a disability or limited command of the English language, you should have your attorney request the necessary accommodations ahead of your appearance.
If you aren't a Virginia resident or you are worried that you won't be able to take time away from work to appear in court, your attorney may be able to appear on your behalf. To learn more about your options, call today to schedule a free, no-obligation initial case review with Virginia defense attorney T. Kevin Wilson.
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I have a CDL and I drive a commercial vehicle for work. How will a reckless driving conviction impact my ability to work?
If you are a truck driver who depends on your CDL to earn a living, a reckless driving conviction can have serious consequences.CDL Disqualification
Virginia classifies the following as serious offenses for commercial motor vehicle drivers:
- Reckless driving
- Speeding 15 mph or more above the speed limit
- Tailgating
- Improper or erratic lane change
- Moving violations related to a fatal crash
- Texting while operating a commercial motor vehicle
- Driving a commercial motor vehicle without a valid CDL
- Driving a commercial motor vehicle without a CDL in your possession
- Driving a commercial motor vehicle without the proper CDL class and/or endorsements
Reckless driving, speeding, tailgating, improper lane change, and fatal crash violations count as serious offenses even if you weren't operating a commercial motor vehicle at the time of the incident.
If you are convicted of two serious violations in a three-year period, you will receive a 60-day disqualification of your CDL. If you are convicted of three or more serious violations in the same timeframe, you will receive a 120-day disqualification.
Suspension of Your Regular Driver's License
Any offense that results in the suspension of your regular driver's license, including reckless driving, will also leave you unable to legally operate a commercial motor vehicle. Although drivers are sometimes granted a restricted license to drive for work-related purposes, a restricted license does not apply to operating a commercial motor vehicle.
Company-Specific Policies
As you might imagine, insurance premiums for commercial motor vehicles can be quite expensive. Because of this, it's common for companies to have strict policies about who is allowed to drive the trucks in their fleet. This means a reckless driving conviction may result in your termination even if you were operating your personal vehicle at the time and don't have previous disqualifying offenses.
Retaining Legal Representation
If you've been charged with reckless driving, you'll want to retain legal representation as soon as possible. When you depend on your CDL to support yourself, a reckless driving charge must be taken seriously. Call today to schedule a free, no-obligation initial case review with Virginia attorney T. Kevin Wilson.
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How much discretion does a police officer have when making a reckless driving arrest?
Virginia law gives officers a significant amount of discretion when making a reckless driving arrest. However, judges also have the discretion to reduce or drop the charge in many cases.
Officer Discretion
Virginia's reckless driving law specifically includes the following actions:
- Speeding 20 miles or more above the speed limit or in excess of 85 miles per hour
- Driving too fast for adverse weather conditions
- Driving with an obstructed view
- Drag racing
- Failing to signal
- Passing at a railroad crossing
- Passing an emergency vehicle
- Passing a stopped school bus
- Passing two vehicles abreast
- Passing at the top of a hill
- Driving a vehicle with faulty brakes
Beyond these behaviors, officers can charge a driver with reckless driving whenever he is operating a vehicle in a manner that endangers life, limb, or property. This means an officer can charge you with reckless driving for swerving, weaving, tailgating, or any other behavior perceived as either aggressive or unsafe.Since officers have a great deal of discretion in issuing a reckless driving citation, it's important to be polite and respectful whenever you're pulled over. If you're perceived as rude or uncooperative, the officer will be much less likely to help you out.
Judicial Discretion
While the officer making the arrest has the discretion to determine when a charge is appropriate, the judge is given authority to reduce or drop the charge. Judges can consider the following mitigating factors:
- A past safe driving record
- If your conduct was related to a legitimate medical emergency
- Whether you've demonstrated remorse by agreeing to complete community service and/or attend a driver improvement clinic
- Speedometer calibration issues
- Recommendations from the officer
Judicial discretion plays such a significant role in reckless driving cases that attorneys typically advise drivers to appeal any initial conviction they receive. An appeal grants a new trial with a different judge, thus increasing your odds of finding someone who will be more lenient in assessing penalties.
How a Reckless Driving Attorney Can Help
An experienced reckless driving attorney will help you build the strongest possible defense to have the charge reduced to a lesser offense such as improper driving or dropped altogether. Call today to schedule a free, no-obligation initial case review with Virginia defense attorney T. Kevin Wilson.
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Why was I charged with reckless driving for passing someone at a railroad crossing?
Passing someone at a railroad crossing can result in a reckless driving charge, even if your actions don't cause an accident.Railroad Crossing Laws Regarding Reckless Driving
Railroad crossing accidents have been declining since 1980, but a driver is almost 20 times more likely to be killed in a crash involving a train than in an accident involving another car. For this reason, Virginia takes traffic violations involving railroad crossings very seriously.
Virginia law states, "A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer."
Penalties for Reckless Driving
A first time offender convicted of reckless driving will have his license suspended for a minimum of 60 days and a maximum of six months. You can apply for a restricted license, which will grant limited driving privileges during certain hours. However, someone with a commercial driver's license can’t obtain a restricted license if his license was suspended for passing at a railroad crossing.
In addition to the license suspension, you'll face hefty fines, the possibility of jail time, and the stigma of a criminal record that can affect your future job opportunities, green card application, and more.
Retaining Legal Representation
If you've been charged with reckless driving, it's a mistake to simply pay your ticket and accept the consequences. Virginia attorney T. Kevin Wilson is committed to helping drivers who've been charged with reckless driving build the strongest possible defense. Call today to schedule a free, no-obligation initial case review.
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Can my Virginia reckless driving charge be reduced to improper driving?
Improper driving is a somewhat unique charge under Virginia law. You can't be charged with improper driving by a law enforcement officer, but the judge and prosecutor both have the authority to reduce reckless driving to improper driving when they find your degree of culpability is slight.
Benefits of Reducing a Reckless Driving Charge to Improper Driving
Having your reckless driving charge reduced to improper driving can be a significant benefit. Improper driving is considered a low-level traffic ticket worth three demerit points on your driving record for three years. In comparison, reckless driving is typically a Class 1 misdemeanor worth six demerit points that stay on your driving record for 11 years.
Likelihood of an Improper Driving Charge
An improper driving charge is most likely when your actions were caused by carelessness or inattentiveness at a crucial moment. For example, if you rear ended another vehicle but were not speeding or disobeying any other traffic laws, you'd have a good shot at getting a reckless driving charge reduced to improper driving.
If you were charged with reckless driving by speed, it's more likely that your charge would be reduced to a speeding ticket. Although a speeding ticket is worth four demerit points and stays on your record for five years, having your offense reduced to a speeding ticket will likely benefit you in the long run.
The Benefits of Hiring a Virginia Reckless Driving Attorney
Being convicted of reckless driving can result in hefty fines, jail time, and the stigma of a criminal record. Hiring an experienced reckless driving attorney to investigate every avenue of defense will give you an opportunity to have the charge reduced to a lesser offense or dropped altogether. If you simply pay the ticket and accept the consequences, you'll be faced with higher insurance rates and reduced employment opportunities for several years to come.
T. Kevin Wilson is dedicated helping Virginia drivers deal with their reckless driving tickets in a way that minimizes the associated penalties. Call today to schedule a free, no-obligation initial case review.
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Can a reckless driving conviction prevent me from driving with Uber or other rideshare services?
Uber and other rideshare services are growing in popularity as a way for people to earn extra cash or find flexible employment, but these companies have strict background check procedures for hiring contractors. If you are convicted of reckless driving, this will likely prevent you from becoming a rideshare driver.
What Background Checks Look For
Background checks vary slightly according to the company you wish to drive for. Uber, the most popular rideshare service, looks for the following:
- A minimum of one year licensing history in the United States, or three years of driving history if you're under 23
- A clean Motor Vehicle Record (MVR) with no major moving violations, such as a DUI or reckless driving, and no more than three minor moving violations, such as a speeding ticket, in the past three years
- A clean criminal record with no convictions for prior offenses specified by local law
Uber does not charge for a background check or request a copy of your credit report to determine if you'll be accepted as a driver.
Background checks typically take less than seven days to complete. Often, drivers who are initially denied maintain the option to reapply at a later date.
How a Reckless Driving Attorney Can Help Potential Uber Drivers
Don't simply pay your reckless driving ticket and hope for the best. A reckless driving attorney can investigate avenues of defense to have your charge dropped or reduced to a lesser offense such as speeding. If successful, this would allow you to still earn money as a qualified Uber or rideshare service contractor.
If you've already been convicted of reckless driving, an attorney can help you appeal the conviction. This will result in a new trial with a different judge, but you must file an appeal within 10 calendar days of your conviction date.
T. Kevin Wilson is committed to investigating every possible avenue of defense for Virginia drivers charged with reckless driving. Call today to schedule a free, no-obligation initial consultation.
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Will a reckless driving conviction affect my ability to get a green card?
A green card is the document that gives an immigrant authorization to live and work in the United States on a permanent basis. Green cards can be granted based on family or employment connections or as part of refugee/asylum status. However, having a Virginia reckless driving charge on your record could make the process much more difficult.Criminal Offenses and Immigration Law
When you apply for a green card, you'll be asked if you've been "arrested, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations." Since a reckless driving charge is considered to be a criminal charge and not a simple traffic violation, it must be reported.
Obviously, not all criminal offenses are of equal severity. If you've been charged with an offense such as money laundering, drug trafficking, or kidnapping, your application will be denied. Lesser offenses such as reckless driving will depend upon the exact circumstances surrounding the charge. For example:
- How long ago you were charged
- Whether you were charged with misdemeanor or felony reckless driving
- If you were under the influence of drugs or alcohol at the time
- If anyone was hurt
- If you have other criminal offenses from unrelated incidents on your record
You'll need to speak with an immigration lawyer to learn more about how a reckless driving charge will affect your case.
How a Reckless Driving Attorney Can Help
If you've been charged with reckless driving, don't simply pay the ticket and hope for the best. An experienced attorney may be able to get the charge reduced to a lesser offense such as speeding or have it dropped altogether. This will mean you don't have to report it on your immigration application.
Virginia defense attorney T. Kevin Wilson is committed to investigating every possible avenue of defense for his clients, including those who are worried about the impact of a reckless driving charge on a pending green card application. Call today to schedule a free, no-obligation case review.
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Can I appeal a reckless driving conviction?
If the judge returns a guilty verdict in your reckless driving case, don't panic. Virginia law allows you to appeal the outcome of your reckless driving case and be granted a new trial with a different judge. In many cases, an appeal results in an acquittal or reduced charges.How Does an Appeal Work?
You have 10 calendar days to initiate the appeal process. You can do this by informing the General District Court clerk that you want to appeal your conviction. At this time, you'll be asked to complete and sign a Notice of Appeal form.
Your second reckless driving trial will proceed in the same basic manner as the first trial. The only key difference is that you're allowed to request a jury trial on appeal. However, the benefits of this option should be considered carefully since you'll need to pay the court costs for a jury trial if you're convicted.
Is an Appeal Worth My Time?
Appealing your reckless driving conviction costs time and money, so this is a decision that shouldn't be made lightly. The biggest reason to appeal your conviction is that judges have a fair amount of discretion in trying reckless driving cases. If you had a judge who is notoriously strict or your case involved mitigating factors such as a medical emergency, appealing might very well result in an acquittal.
You should also appeal your conviction if you didn't hire a lawyer or if you're not confident your previous lawyer represented you to the best of his ability. Having access to skilled legal representation is vital in beating a reckless driving charge.
Virginia defense attorney T. Kevin Wilson is committed to helping drivers handle both misdemeanor and felony reckless driving charges. He works with each client to develop a defense most appropriate to the circumstances. He may recommend options such as speedometer calibration, completion of a driver improvement clinic, or using community service to have the charge dropped. Please call today to schedule a free, no-obligation consultation.
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Why did I get a reckless driving ticket for a single vehicle accident?
If you're involved in a single vehicle accident, you might end up with a reckless driving ticket even if you didn't cause injuries or property damage to anyone else.
Virginia law requires police officers to write a ticket whenever there is an accident that involves some sort of injury or damage, even if it's minor and only affects the driver of the vehicle. Drivers often end up with a reckless driving ticket simply because there aren't many possibilities for a citation that fits this particular situation.
Getting Your Reckless Driving Charge Reduced or Dropped
In a single vehicle accident, receiving a ticket for reckless driving is interpreted to mean that you failed to maintain control of your vehicle. Since you were involved in an accident, it's true that you did lose control of your vehicle at some point. However, it's not a good idea to simply plead guilty and pay the ticket.
The judge has great discretion in reckless driving cases involving a single vehicle accident that caused no injuries or property damage to anyone but the driver. The law recognizes that the mere fact you were in an accident doesn't mean you are guilty of a crime. The defense must actually prove that you engaged in reckless behavior, such as speeding or falling asleep at the wheel.
If you can show that weather, medical emergency, or some other extenuating circumstance played a factor, you may be able to have the charge reduced to improper driving or dropped altogether. Showing a past record of safe driving may also act as a point in your favor.
T. Kevin Wilson Can Help Protect Your Rights
Reckless driving is considered a criminal charge under Virginia law, not a simple traffic violation. A conviction leaves you with fines, the possibility of jail time, and the stigma of a criminal record. After a single vehicle accident, there's no reason to accept these consequences without a fight.
Attorney T. Kevin Wilson has extensive experience helping Virginia drivers handle their reckless driving cases. Call today to schedule a free, no-obligation case review.
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When does illegal passing result in a reckless driving charge?
When you're running late or in a hurry to arrive at your destination, getting behind a slow-moving driver is immensely frustrating. However, making the decision to pass illegally could result in a reckless driving charge.Illegal Passing as a Form of Reckless Driving
Illegal passing can be classified as reckless driving if your conduct indicates a blatant disregard for the safety of others. Illegal passing is considered reckless driving in the following circumstances:
- You passed at a railroad crossing.
- You passed at a highway intersection.
- You passed on the crest of a hill or slope.
- You passed as you were approaching a curve in the road.
- The vehicle you passed was a stopped school bus.
- The vehicle you passed was an emergency vehicle.
- There were pedestrians present.
- You attempted to pass two or more vehicles at the same time.
All of these scenarios are particularly dangerous because they increase your odds of being involved in an accident that injures yourself and/or others.
Defending Against a Reckless Driving Charge
You may be able to have your charge reduced if you have a previous clean driving record and can provide character references. Attending a driver improvement clinic or completing community service can also be a way to demonstrate remorse for your actions.
Improperly marked roadways, poor weather conditions, or a medical emergency may be used as mitigating factors.
Protecting Your Rights by Hiring a Reckless Driving Attorney
A reckless driving charge carries stiff penalties, including fines and the possibility of jail time. The charge gives you six demerit points on your driving record and remains visible for 11 years, resulting in substantially higher auto insurance rates. Drivers are also left with the stigma of a criminal record, creating difficulty in securing future employment opportunities.
To protect yourself, you'll want to work with a skilled attorney to build the strongest possible defense. T. Kevin Wilson has extensive experience working with Virginia drivers to reduce or drop reckless driving charges. Please call 703-361-6100 today or fill out a contact form here to schedule a free, no-obligation case review.
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What is the difference between aggressive driving and reckless driving?
Engaging in unsafe behaviors such as speeding or improper passing can earn you a ticket for either reckless driving or aggressive driving, depending upon the intent behind your actions.Defining Aggressive Driving
Aggressive driving encompasses a wide range of behaviors that are intended to “harass, intimidate, injure, or obstruct” other drivers. For example:
- Speeding
- Tailgating
- Illegally passing
- Failing to stop or yield right-of-way when appropriate
- Driving outside the designated lanes
- Making unsafe lane changes
- Cutting off other drivers
- Driving on the wrong side of the road
- Ignoring traffic signals or signs
- Stopping on a highway
Essentially, aggressive driving encompasses what we colloquially refer to as road rage. The behaviors that will earn you an aggressive driving ticket are similar to those that qualify as reckless driving, but aggressive driving requires the intent of threatening behavior towards other motorists.
Penalties for Aggressive Driving, More Than Just A Ticket
Aggressive driving with the intent to injure another person is considered a Class 1 misdemeanor. A Class 1 misdemeanor carries the penalty of jail time for not more than 12 months and/or a fine of not more than $2,500.
If no one is injured, the offense is a Class 2 misdemeanor. A Class 2 misdemeanor carries the penalty of jail time for not more than six months and/or a fine of not more than $1,000.
In addition to fines and jail time, offenders may also be required to complete an aggressive driving program.
Preparing a Defense
Since aggressive driving requires a specific motivation on the part of the driver, defense attorneys often argue that the driver's conduct was due to inattentiveness or impatience instead of maliciously attempting to injure, obstruct, harass, or intimidate other motorists. If this defense is successful, the charge may be reduced to a lesser traffic violation or dropped all together.
Having legal representation is essential if you've been charged with aggressive driving, since a conviction can result in stiff penalties as well as the stigma of a criminal record. Virginia attorney T. Kevin Wilson has extensive experience in helping drivers beat both aggressive driving and reckless driving charges. Call today to schedule a free, no-obligation initial consultation.
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How will a reckless driving charge affect my military service?
A reckless driving conviction can have severe consequences for your future, especially if you're planning to enlist in the military.
Reckless Driving and Military Enlistment
How a reckless driving charge will affect your ability to serve our country depends on what branch of the military you wish to join. The following are some basic guidelines:
- Air Force. Reckless driving is a Category 4 moral offense in the Air Force. You'll be disqualified if you have two or more Category 4 offenses within the last three years, although a recruiting squadron commander may be able to get the disqualification waived. Other common Category 4 offenses include disorderly conduct and unlawful possession of alcohol or tobacco.
- Army. If you have two or more misdemeanor charges on your record, including reckless driving, you'll need a waiver to enlist. Four or more misdemeanor convictions will prevent you from enlistment.
- Navy or Marines. Reckless driving is considered a serious offense regardless of whether it's a misdemeanor or felony charge. Misdemeanor convictions can be waived at the district level, but a felony reckless driving conviction will require a waiver from the regional headquarters. This typically only happens when recruiting rates are lower than anticipated.
Reckless Driving and Military Service
If you're currently enlisted, you'll be required to report your reckless driving arrest to your commanding officer. Penalties are specific to your branch of service. However, one common issue of concern is maintaining an active security clearance.
Security clearances in the military have three levels: confidential, secret, and top secret. If you've been convicted of reckless driving, getting or renewing your security clearance may be problematic. A conviction isn't automatically disqualifying, but factors into evaluations of trustworthiness, reliability, loyalty, and honesty.
The Value of Legal Representation
If you're interested in enlisting or are currently serving in the military, access to skilled legal representation is vital in minimizing the negative effects of a reckless driving charge. T. Kevin Wilson is committed to helping Virginia drivers handle both misdemeanor and felony reckless driving charges. Call today to schedule a free, no-obligation initial case review.
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