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I wasn’t exceeding the posted speed limit by 20 miles per hour. Why was I arrested for reckless driving speeding?

Reckless driving in poor conditionsAlthough many cases of reckless driving in Virginia involve drivers who were exceeding the posted speed limit by 20 miles per hour, you can still be charged with reckless driving even if weren't speeding. Regardless of the posted speed limit, law enforcement officers can charge you with reckless driving if they believe you were traveling too fast for the weather or traffic conditions.

Virginia Law Regarding Speed and Road Conditions

Virginia code § 46.2-861 states: "A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit."

Some factors that might affect whether or not you're charged with this offense include

  • Fog
  • Rain
  • Wind
  • Sleet
  • Snow
  • Icy roads
  • Road construction
  • Slowed traffic due to a recent accident
  • Other emergency conditions

Defending Against the Charge

Compared to other aspects of the reckless driving code, § 46.2-861 is very much open to interpretation. The key points to remember when building a defense are "unreasonable" and "given the conditions."  If you can show evidence indicating that your behavior was not unreasonable, you may be able to have the charge dropped. You may present evidence such as a past driving record indicating safe behavior, your familiarity with the roads, and the following distance of other vehicles to support your claim. Agreeing to community service or attending a driver improvement class may also be options in some circumstances.

Protect Your Rights by Hiring an Attorney

Reckless driving is a criminal charge, which makes it much more serious than a simple traffic violation. If you're convicted, you'll face hefty fines, jail time, and the stigma of a criminal record that can affect future education and employment opportunities. The best way to protect your rights is to hire an attorney who is experienced in advocating for drivers accused of this offense.

T. Kevin Wilson is dedicated to helping Virginia drivers minimize the negative consequences of reckless driving charges. Call today to schedule a free, no-obligation initial case review.

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