Dedicated reckless driving attorney in Richmond ready to help you
If you have been charged with a traffic violation such as For example, reckless driving or speeding in the Richmond or central Virginia area, it is important that you contact an experienced local traffic attorney immediatelyLaw Office Alexander, PCMany traffic violations are criminal offenses. With the help of a good, however, it is often possible under all circumstancesRichmond reckless driving attorney, reduce many criminal traffic offenses to non-criminal offenses or even have them dismissed.
Traffic cases I handle include:
- traffic violations,
- Drivers out of state,
- Speeding tickets,
- DUI/DWI,
- car accidents,
- driver's license suspension, And
- Driver License Recovery.
The Virginia Points System
In Virginia, a reckless driving violation is a six (6) count offense and will be recorded on your driver's license for 11 years. The same applies to a DUI/DWI (drunk driving) conviction in Virginia, as well as a driving conviction while on probation. Virginia speeding tickets fall into three categories. Reckless driving with a speeding ticket is a six-point infraction and stays on your Virginia driver's license for eleven (11) years. A 10-19 mph Virginia Speeding ticket is a four point offense and will stand in your Virginia driving record for five years. A 1-9 mph Virginia Speeding ticket is a three point offense and will remain in your Virginia driving record for three years. If you earn more than 18 points in one year or 24 points in two years in Virginia, the Department of Motor Vehicles will suspend your driver's license. For more information on minus points, seeGO DMV.
The effect of a Virginia ticket on an out-of-state travel document
Generally, a Virginia ticket will be treated (in terms of scoring points) in a foreign driver's home state as if the offense had been committed in the home state. For example, if you are convicted of driving 9 mph over the speed limit in Virginia, that is a three (3) point offense in Virginia. However, if the same offense were to receive two (2) points in your home state, you would normally only be given a two point rating by your home state's motor vehicle department. Please note that this is a general rule and the specific implications of a Virginia traffic conviction should be reviewed with the Department of Motor Vehicles in your home state and/or an attorney licensed in that jurisdiction. If you got a ticket in Virginia and you're an out of state driver you should contact me, a proven oneRichmond speeding ticket attorneyfor a thorough analysis of your situation.
Reckless driving
There are a number of ways that reckless driving can be charged and/or prosecuted in Virginia. The following are Virginia's reckless driving statutes:
- VA Code 46.2-852 Reckless Driving - General Rule
- VA Code 46.2-853 Reckless driving - failure to maintain control - defective brakes
- VA Code 46.2-854 Reckless Driving - Overtaking or at the top of a hill or curve
- VA Code 46.2-855 Reckless Driving - Driver's view obstructed or control impaired
- VA Code 46.2-856 Reckless Driving - Overtaking two vehicles side by side
- VA Code 46.2-857 Reckless Driving - Driving in twos abreast in one lane
- VA Code 46.2-858 Reckless Driving - Overtaking at a level crossing
- VA Code 46.2-859 Reckless Driving - Overtaking a stopped school bus
- VA Code 46.2-860 Reckless Driving - Failure to give proper signals
- VA Code 46.2-861 Reckless Driving - Driving on the highway too fast for the conditions
- VA Code 46.2-862 Reckless Driving - Exceeding the speed limit by 20 mph or driving in excess of 80 mph
- VA Code 46.2-863 Reckless Driving - Not giving way when entering the Autobahn
- VA Code 46.2-864 Reckless Driving - Parking VA Code 46.2-865 Reckless Driving - Racing
- VA Code 46.2-865.1 Reckless Driving - Killing or injuring others during a race
- VA Code 46.2-866 Reckless Driving – Race Helpers or Instigators
- VA Code 46.2-868.1 Reckless Driving - Aggressive Driving
Reckless Driving - General Rule - VA Code 46.2-852
Reckless driving in Virginia can be charged under the general rule when a person drives a vehicle in a manner that endangers another person's life, health, or property. Law enforcement officials sometimes charge the person who appears to be at fault in a serious traffic accident with reckless driving under this section of the code. However, according to this section of code, one can be charged with reckless driving even if there was no accident. With the help of a skilled attorney, these charges can often be reduced to the lesser included misdemeanor driving offense or dismissed altogether. Improper driving (VA code 46.2 - 869) is only a triple traffic violation and not a criminal offence. It will stand in a Virginia driving record for three years.
Reckless driving through speed
Reckless driving can also be prosecuted as a resultover the speed limiti.e. 81 mph or faster in a 65 or 70 mph speed zone or 20 mph faster than the speed limit in all other speed zones. Reckless driving in Virginia is a criminal offense. It is a Class 1 misdemeanor, which means the maximum penalty is 12 months imprisonment and/or a $2,500 fine and/or 6 months license suspension.In practice, most people convicted of reckless driving don't go to jail, but some judges are beginning to issue jail sentences at speeds of 90mph. or larger. At speeds of 100 km/h. or faster jail time is a strong possibility.
When driving recklessly through speed, context is important
The time of day of the violation, traffic conditions, weather, the number and age of passengers or lack thereof, and the presence of aggressive driving behavior are important factors that can affect the outcome of reckless speed-fall driving. The behavior of the accused towards the law enforcement officer also has a strong influence on the outcome of proceedings for negligent driving. If you've been polite and cooperative with the officer, it will help your case. If the police testify that you were uncooperative, it becomes more difficult to reduce or dismiss the charges.
Speedo Calibrations
If there's a chance your speedometer isn't reading accurately, have it calibrated by a licensed mechanic. If it reads slower than the vehicle is actually driving, that may be a major factor in your case. A speedometer calibration certificate must be notarized in order to be accepted in evidence in a Virginia court. If the vehicle's tires are not factory tires, it is advisable to have them calibrated.
What about the driving school?
Judges sometimes refer suspects to driving school and will either dismiss or reduce the charges upon completion. In general, the accused must have perfect or near-perfect driving experience, have never attended a driving school before or within the last five years, and the alleged offense must not be too serious or egregious. If you have more than one or two traffic violations on your record and/or are alleged to be driving over 90 mph, you will likely not be referred to driving school in most jurisdictions. It is best to consult an attorney before registering with the driving school prior to your court date as policies regarding driving school vary from court to court.
Does driving school have to be attended in VA?
No. Most judges will accept any driving school that is accredited by AAA or your state's National Safety Council or DMV. For Virginia drivers, voluntary participation in a driver improvement course results in five positive points being added to their driver's license. In addition, many judges accept online courses.
Community service and personality reference letters
For serious crimes, it is sometimes advisable for the accused to do community service prior to the trial date to help reduce sentences. Letters of reference from current and former employers and/or professors and teachers and/or civil society organizations are also helpful in this regard.
Highway safety corridor violations
Virginia Highway Safety Corridors are portions of Virginia's highways designated by the Virginia Department of Transportation, or VDOT, for enhanced traffic violation enforcement. Normal fines for traffic offenses in these zones are doubled. In addition, maximum penalties for non-criminal traffic offenses such as speeding will be increased from $250 to $500, and minimum penalties of $200 will be imposed for criminal traffic offenses such as reckless driving.
commercial drivers
For professional drivers, a ticket for speeding or reckless driving is more than just a nuisance, it threatens their existence. Many of my clients are commercial truck drivers and I understand the importance of keeping a clear record and actively holding a commercial driver's license. Commercial drivers charged with speeding or reckless driving while operating either a commercial motor vehicle or their own personal vehicle cannot be called a driving school. A win in such cases would be a dismissal or a reduction to an undriveable violation such as a B. defective equipment or a non-criminal offense such as e.g. Under VA Code 46.2-341.18, a conviction of DUI or denial automatically carries one yeardisqualificationa CDL. Per Section 46.2-341.20 of the VA Code, two convictions within three years of any combination of reckless driving, following closely, improper lane changing, or speeding at 15 excessive speeds will result in a 60-day CDL disqualificationeven if the CDL owner was not driving a commercial vehicle at the time of the crime.Three convictions for the above violations within a three-year period will result in a 120-day disqualification. If you are a CDL holder, it is very important that you hire a traffic attorney who has experience representing CDL drivers. A large portion of my practice is focused on representing CDL holders charged with traffic offenses in the Richmond, VA, and Central Virginia areas.
Driving with a driver's license suspended
If you have been charged with driving asuspended or revoked operating licenseIt is very important that you have an attorney represent you. Most judges impose a prison sentence for a second offense, and a third offense has a mandatory minimum of ten days in prison. Sometimes this charge may be reduced as a result of a plea agreement or by the judge on VA code 46.2-300 – No valid operator license (a 3 point Class 2 offence) or VA code 46.2-104 – No license held (a 0 point non-moving injury). These changes may help prevent additional license suspension or active jail time.
habitual offender
I represent people who are accused of driving after being found to be common offenders. If you are a habitual offender and have not been convicted of a traffic violation for three to five years or more, I can petition the court to have your operatorLicense restoredor granted a temporary permit.
The advantages of a local representative?
Working as a public defender and in a private practice representing thousands of people accused of traffic violations has given me insight into how the courts adjudicate traffic offences. Many of my out-of-state clients driving through Virginia are unaware that some common traffic violations are felonies. It is important that every traffic violation is corrected in a timely and professional manner. If your license is at risk of being revoked, contacting an attorney immediately is the best way to protect your license. As a highly experienced traffic ticket attorney, you will represent individuals charged with criminal offenses in Richmond, Virginia and the surrounding areas including the cities of Southside and Central Virginia, including the City of Petersburg, the City of Hopewell, the City of Colonial Heights and Chesterfield County are. Henrico County, Dinwiddie County, Hanover County, Goochland County, New Kent County, Caroline County and Prince George County. I often provide legal advice to individuals who live out of state and have suffered a violation on a Virginia road. I appear in court on their behalf and defend them against the alleged crimes they are accused of. I have many years of experience representing people accused of traffic violations. I am familiar with the local courts and what clients can expect in different jurisdictions. I can help you avoid the serious consequences that can potentially come with a traffic violation conviction in the Commonwealth of Virginia.
The right of appeal
In Virginia, you have the right to challenge your misdemeanor case to the circuit court after it has been decided by the General District Court. This right is an automatic right, and your request for an appeal will always be granted if you notify the General District Court in writing within ten (10) days of the close of the case that you wish to appeal. The appeal will result in a de novo process, i. H. a brand new trial in Circuit Court. There is a right to a jury trial on appeal and the possibility of a better or worse outcome than the outcome of the original hearing. In many jurisdictions, the prosecutor does not interfere with traffic violations, but when there is an appeal, he usually does interfere. This makes strategic sense for a defendant as it opens up the opportunity to negotiate a plea deal with the prosecutor. Plea agreements are beneficial to the defendant because there is always risk involved in a trial and an agreement usually removes most of that risk.
request for repetition
If a request for a rehearing is made in a General District Court within 60 days of the hearing date, the judge may grant a rehearing to retry the case. Please note that unlike a complaint, this is not an automatic right, but merely a discretionary measure to be applied in exceptional circumstances.
frequently asked Questions
What options do I have if I receive a traffic ticket?
You have three options:
- You can easily pay the fine online, by mail or in person. In some cases you may have to appear in court - see your ticket for details.
- Plead a not guilty plea and defend yourself in court.
- Go to court and plead guilty and offer mitigation in hopes of a lesser offense conviction or referral to driving school for a reduction or dismissal.
Failure to pay or appear in court by the date printed on your ticket will result in additional penalties. This could also cause you problems in your home state if you are not a resident of Virginia.
What is the compact driver's license?
TheCompact driving licenseis an agreement between almost every state in the United States, including Virginia, through which the state governments share information about driver's logs. For example, if you are from Maryland and ticketed in Virginia, the Driver License Compact allows Virginia to notify Maryland of your ticket. Although Maine, Wisconsin, Georgia, Michigan and Tennessee are not members at the time of this writing, that fact does not guarantee that your information will not be shared.
What should I do if I lose my ticket before I have replied to it?
You can search for it on theCase Information System website. You can search by name, case number, or hearing date. Be sure to follow up on a lost ticket - since "I lost my ticket" is unlikely to be an accepted excuse by the Virginia justice system.
What is the fine for texting and driving in Virginia?
Virginia has increased texting and driving penalties in recent years. Currently, the fine is $125 for the first offense and $250 for the second offense. An additional $250 fine will be added if you are concurrently charged with reckless driving.
How does a speeding ticket affect my chances if I'm being sued for a traffic accident that occurred around the time of the infraction?
As a result, you could lose the lawsuit. Among Virginiasnegligence per seyou may be automatically considered negligent if you breach any law or regulation and:
- It was issued for reasons of public safety,
- It's designed to protect people like the person suing you (e.g. other motorists) and
- Your violation was the actual cause of the accident that injured the person suing you.
Can my driver's license be revoked for a drug charge?
Yes that can be. Virginia is unique in this regard — in that it imposes a mandatory six-month driver's license suspension on anyone convicted of a drug offense, even with a suspended sentence. This rule applies even if your offense was unrelated to driving. If your driver's license is from another state, you will simply be banned from driving in Virginia. Your home state will not suspend your driver's license unless it also issues a driver's license suspension for the same crime.
How common is it for Virginia to revoke someone's driver's license?
It's a lot more common than you probably think. The shocking statistic is about thatOne in six driver's licenses in Virginia is currently suspended– almost a million Virginia drivers. Most of these suspensions resulted from failure to pay a debt to a Virginia court (e.g., failure to pay a speeding ticket fine).
Call or email our Richmond Traffic Ticket Attorney for a free case evaluation
If you have been charged with a traffic violation such as speeding or reckless driving,Contact our lawyer!Call me, a respected and provenRichmond reckless driving attorneyat804-355-0016or email me for a free case evaluation.
Law Office Alexander, PC…Reasonable Fees.Exceptional results.