Richmond Virginia reckless driving speeding attorney
The Virginia capital is notorious for enforcing many traffic violations of the Code of Virginia. In particular, Richmond is particularly notorious for enforcingaccelerationAndreckless drivingFees. If you have received any of these violations, you must do soContactRichmond traffic attorney Trey Mattox.
Richmond is at the intersection of four major highways: Interstate 64, Interstate 95, Powhite Parkway, and Downtown Expressway. As such, these roads all have one major thing in common: their relative speed limits decrease as you approach Richmond. Unfortunately, missing a speed limit sign when approaching the city is an easy way to get a traffic violation in Richmond. Thus, this accounts for a large proportion of cases involving Richmond traffic.
The Richmond General District Court consists of two separate courts. So there are two different judges with two different personalities. In addition, there are a number of different Commonwealth solicitors, or prosecutors, who deal with traffic cases in Richmond. In particular, it is important to hire an attorney who is familiar with the various personalities in the Richmond traffic court system. This undoubtedly gives your case the best chance of a positive outcome.
ADUIConviction in Virginia has very extreme consequences. Therefore, a DUI can often result in a prison sentence. DUI or drinking and driving can be applied to both drug and alcohol cases. Additionally, in Virginia, there is no categorical difference between DUI and DWI. However, the offense is most commonly referred to as DUI. Similar to reckless driving, a DUI charge for the first offense in Virginia is aClass 1 misdemeanor. Therefore, a DUI carries a maximum$2.500 Strafe, 12 months license lock,And12 months in prison.
In addition, there are mandatory minimum penalties for some DUI cases. A mandatory minimum penalty must be imposed upon conviction of elevated BAC DUI. A DUI can be elevated based on the defendant's blood alcohol content (BAC) or previous DUI convictions. There are too many scenarios to list here, but I'd like to invite youcontact meso we can discuss your case and how these factors apply to your DUI case.
Trey analyzes every DUI case with the utmost care to ensure every possible defense is taken in court. This careful analysis can become important in the trial and during the negotiations with the prosecutor. In a DUI case, there are often questionable situations. Sometimes these are not significant enough to result in termination. However, these situations can be used as leverage for a better agreement. It is extremely important to work with a Richmond traffic lawyer who is willing to take the time to go through every detail. In addition, this ensures that we achieve the best possible outcome for your DUI case.
Defense in cases of speeding
accelerationSpeeding tickets in Virginia can vary significantly depending on the type of crime. In particular, the most serious cases are often charged withreckless drivingby speed. This designation elevates speeding from a simple speeding ticket to oneClass 1 misdemeanor. Although speeding is more of a violation than a misdemeanor, a conviction can still have very serious consequences. Therefore, a Richmond speeding conviction can result in points on your driver's license, driver's license suspension, hefty fines and increased insurance premiums.
Richmond traffic attorney Trey Mattox has represented thousands of people charged with speeding. Additionally, Trey has an outstanding record of having those speeding tickets reduced or dismissed in Richmond. Trey regularly saves Mattox Law clients hundreds of dollars in fines and insurance premiums when contesting speeding tickets. In addition, we are able to protect your driving rights. Trey is well acquainted with Richmond speeding laws. He knows what is required of the officer to ensure all possible legal strategies are pursued in your Richmond speeding case.
What is reckless driving?
There are many varieties ofreckless drivingin Va. The most common isVirginia-Code §46.2-862exceed the speed limit. The VA code for reckless driving states:
A person is guilty of reckless driving if he drives a motor vehicle on the Commonwealth highways (i) at a speed of twenty miles per hour or more above the applicable speed limit or (ii) at more than eighty-five miles per hour, regardless of the applicable speed limit.
Classification and Penalties
As a Class 1 misdemeanor, reckless driving carries severe penalties including: a$2.500 Strafe, six-month license suspension,And12 months in prison. In addition, there are also several secondary consequences such as:
- points in your ticketlead todriver's license suspension!
- Failed Criminal Background Checks Impacting Employment and Security Clearance Opportunities!
- Insurance premiums increasedwill cost you hundreds of dollars!
The Reckless Driving Act
Reckless driving in the Virginia Code has 14 sections that contain different variations or definitions. The following laws are the list of various reckless driving laws in Virginia:
·§ 46.2-852 Reckless driving; general rule
·§ 46.2-853 Driving a vehicle not under control; defective brakes.
·§ 46.2-854. Passing on or at the top of an incline or curve.
·§ 46.2-855. Driving with reduced driver visibility or control.
·§ 46.2-856. Passing two vehicles side by side.
·§ 46.2-857. Two people driving side by side in one lane.
·§ 46.2-858. Passing a railroad crossing.
·§ 46.2-859. Passing a stopped school bus; prima facie evidence.
·§ 46.2-860. The lack of proper signals.
·§ 46.2-861. Driving too fast for highway and traffic conditions.
·§ 46.2-862. exceed the speed limit.
·§ 46.2-863. Failure to give way.
·§ 46.2-864. Reckless driving in parking lots etc.
Other Richmond Traffic Ticket Violations
The more serious Richmond traffic fines, such as reckless driving, are known as misdemeanors or felonies. However, there are many other Richmond speeding ticket violations with many serious consequences that are classed as violations. Violations of speeding tickets can earn points for your driving record. In addition, they will drastically affect your insurance rates, but will not result in a criminal conviction. Richmond speeding attorney Trey Mattox is ready to walk you through the process of defending these violations:
- § 46.2-802 Drive on the right on motorways
- Section 46.2-806 One-way streets and motorways
- § 46.2-808.1 Use of crossovers on controlled-access highways
- § 46.2-809 Regulation of truck traffic on main and secondary roads
- § 46.2-809.1 Regulation of residential through traffic by the board
- § 46.2-814 Crossing the security zone prohibited
- §46.2-816 Too close following
- § 46.2-817 Disobeying the officer's signal to stop; evade the police; Punish
- Section 46.2-821 Vehicles entering motorways must stop or give way
- Section 46.2-822 Give way at circular intersections
- Section 46.2-830 Disregarding the motorway sign
- § 46.2-830.1 Disregarding the highway sign while sleeping
- § 46.2-833 Do not obey traffic signs
- § 46.2-833.1 Bypassing a Traffic Control Device
- § 46.2-835 Turning right on steady red light after stopping
- § 46.2-844 Overtaking a stopped school bus
- § 46.2-845 Illegal U-Turn
- Section 46.2-870 Speeding
Every Richmond ticket case is unique. They each bring individual problems that lead to a variety of potential outcomes. In particular, the biggest factor influencing the outcome of a case is the original ticket or allegation received. Certainly we expect very different results for reckless driving or DUI charges compared to speeding tickets.
However, there are many other factors that can affect potential outcomes in any Richmond traffic case. One of the most important factors that the court will consider is your conduct towards the police officer. Obviously, the judge will be much more forgiving of a person who is polite and cooperative than someone who is argumentative or uncooperative.
Another important factor is the number of previous offenses and points in your driving record. This is because most Commonwealth judges and lawyers are unwilling to agree to a favorable outcome without looking at your driving record. Of course, a clean driving record will yield much better results for your Richmond ticket than one with multiple prior reckless driving, speeding, or other traffic violations.
Driving school for dismissal
Driving school is a very effective tool in deterring traffic violations in Richmond. In many cases I will advise my clients to complete the driving school before the court date. In other cases, the judge may require you to complete driving school. In these circumstances, it is up to you to complete driving school within the time limit set by the court.
In many cases, the judges issue the driving school for your first ticket. After that, they are less willing to allow the driving school for follow-up tickets. Of course, courts and judges differ from jurisdiction to jurisdiction. Therefore, some judges are more lenient in this regard. In most cases, the court will allow you to take driving school online or in person as long as the hour requirement is met.
In order to comply with the court order, you must submit the original of the certificate of completion by the deadline. In addition to the certificate, there are also court costs, which may vary.
Driving school for reduction
In some cases, the speed may be too high or there are too many prior violations for the court to be willing to dismiss your Richmond traffic case. In these situations, the court can still ask the driving school to reduce the fee.
There are a few different avenues the court may take in relation to reducing your Richmond traffic case. The most common and likely scenario would be a reduction to a simple speeding violation. Additionally, another common outcome would be reduction to wrong driving. In other circumstances, the court may be willing to reduce the original Richmond traffic violation to a type of non-moving violation. Additionally, common motionless driving violations include a faulty speedometer, malfunctioning gear, or ignoring a highway sign while you sleep.
There are also situations when the court does not reduce the speed, but changes the section of the law on reckless driving to simple speeding. Therefore, under this scenario, the offense would be dropped. However, you would probably still get the same number of points on your record. Finally, there are some cases where the court is unwilling to reduce the violation. However, the court will waive an active prison sentence and/or driver's license suspension upon completion of a defensive driving course.
Malfunctioning gear is an infraction you may receive if you have a tail light or a cracked windshield. This is a non-moving violation that usually indicates something was wrong with your vehicle as opposed to your driving. As an immovable offence, defective equipment earns no points on your ticket.
Many Virginia judges use defective equipment as a means to reduce a Richmond traffic violation that would otherwise earn points on your driver's license. Typically this is used as a reward for the people with good driving records. Additionally, defective devices are reserved for people charged with less egregious violations. In addition, this result allows the judge to reward someone with a good record by removing points from the record. However, this reduction also allows the judge to continue imposing a fine.
A reduction to defective equipment is often a form of quid pro quo, allowing judges to reduce moving violations while still allowing him to impose a fine. In many cases, the judge will leave the fine at the standard based on the speed originally charged. In other cases, the judge can increase the fine if you have some criminal records on your record. Finally, behavioral issues with the officer can also lead to the judge increasing the fine.
In some Richmond traffic cases, it may not always be possible to avoid points or have the case dismissed. In these cases, our focus often shifts to reducing the points in your driving record and avoiding a misdemeanor conviction. Reckless driving is a class 1 misdemeanor so we need to make sure you are not convicted of reckless driving to prevent you from having a criminal record. One way for the court to reduce a reckless driving charge is by speeding.
Simple speeding is just a traffic violation and therefore will avoid a misdemeanor conviction. Additionally, most states' DMV scoring systems are based on speed. Additionally, points are based on miles per hour over the speed limit for a speeding violation. Therefore, if you persuade the court to reduce the speed, you should reduce the points on your record. This point deduction can then also have several side effects.
In some states, a speeding conviction above a certain threshold, such as B. 15 miles per hour over the speed limit, result in an automatic suspension of the driver's license. By reducing the speed, we can ensure that your license is not administratively suspended. In addition, a reduction in speed also helps ensure that insurance rates are not affected. Most insurance companies use mph over the speed limit as part of their analysis. Therefore, the slower the speed, the less likely it is that your insurance will be affected by the Richmond traffic incident.
Improper driving is a common reduction used specifically for reckless driving cases. Also, I find that wrong driving is most commonly used in cases of accidents. However, it is certainly used in reckless driving through speed falls as well.
Many Commonwealth judges and attorneys prefer driving wrong because it allows them to impose an increased fine of $500.00. In contrast, the maximum fine for a simple speeding conviction is $250.00. Improper driving, however, remains in a Virginia record for only 3 years. In contrast, speeding stays in your record for 5 years and 11 years for reckless driving.
A reduction in inappropriate driving will achieve the primary goals of portraying reckless driving. First, it will avoid a Class 1 misdemeanor conviction. Second, this will reduce the number of points in your record. Improper driving, much like a simple speeding violation, is just a violation of a speeding ticket. Therefore, this will not appear on your criminal record. In addition, improper driving will halve the points from 6 to 3 on a Virginia driver's license. This will of course help ensure your insurance is not compromised.
Unfortunately, there are certain instances that, despite our best efforts, will result in a conviction for your Richmond traffic violation. Certainly, in most cases, our number one goal is to avoid a conviction for the alleged Richmond traffic offense. However, in some cases it is unlikely or almost impossible to reduce the fee. These cases can be difficult to reduce for a number of reasons. Some of the main reasons are the nature of the suspected offence, the underlying facts and your history. In these situations, we hope to persuade the court to mitigate the consequences of a conviction. Namely, these consequences include a license revocation, a fine and a prison sentence.
Richmond Traffic Agency
Mattox Law has extensive experience representing individuals charged with a variety of traffic violations in this jurisdiction. Over the past three years, our law firm has represented hundreds of clients in this area. Importantly, Trey has successfully defended these cases and delivered results that in almost every case avoid a conviction for the alleged traffic offense or violation. So if you've been charged with a traffic offense or an offense like reckless driving and speeding, you need to do thisContactRichmond traffic attorney Trey Mattox today.
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Richmond General Circuit Court
13th Judicial District of Virginia
Clerk:Frau Rebecca Schmidt
Office hours of the clerk
8:00 a.m. – 4:00 p.m
John Marshall Courthouse
400 N. 9th Street
Richmond, Virginia 23219-1508
General District Judges
Hon. Tracy W. J. Thorne-Begland, Chefrichterin
Hon. Lawrence B. Cann
Hon. David Eugene Wange Sr.
Sie. Barbara J. Street
Hon. David M. Hicks
Hon. Jacqueline S. McClenney
What questions should I ask an attorney for reckless driving in Virginia? ›
- 1.1 Who will be defending me in the courtroom?
- 1.2 Do you EVER pass your clients off to other attorneys?
- 1.3 Where are you located?
- 1.4 What percentage of your practice is devoted to traffic and misdemeanor defense?
Since reckless driving in VA is a criminal offense, the penalties and long term consequences—such as a criminal record—can be severe. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions.How do you beat a speeding ticket in Virginia? ›
The first option is to go for a plea deal, in which the speed is reduced, resulting in fewer points on your license. This still requires pleading guilty to a crime, and those points will stay on your record for some time. The second option for contesting a speeding ticket is to fight for a full dismissal in court.What are the chances of going to jail for reckless driving in Virginia? ›
How likely is jail time for reckless driving? In Virginia, reckless driving is a Class 1 misdemeanor. A person convicted of a Class 1 misdemeanor may be sent to jail for not more than twelve months and/or fined not more than $2,500.How do you get a reckless driving ticket dismissed in Virginia? ›
- Location. The Commonwealth must prove that the reckless driving offense took place in the correct county or city where you were charged. ...
- Highway. This is another situation-specific defense. ...
- Radar or Lidar Calibration. ...
- Equipment use. ...
- Your speedometer. ...
- GPS defense.
If you have been charged with reckless driving, Virginia Code § 46.2-869 allows the judge or prosecutor to reduce a reckless driving offense to improper driving if the culpability is slight.What happens if you plead guilty to reckless driving va? ›
Reckless driving is a misdemeanor offense in Virginia with penalties that include possible jail time and hefty fines. In addition, a guilty plea or plea of no contest would result in a permanent criminal record.Should I plead guilty to reckless driving Virginia? ›
A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge.What is the most common punishment for reckless driving? ›
Reckless driving is typically a misdemeanor criminal offense. In most states, a reckless driving conviction carries about $50 to $1,000 in fines and up 90 days to a year in jail. And states that have traffic violation points systems normally assess points for a reckless driving conviction.What is the best plea for a speeding ticket? ›
By pleading not guilty, you will avail yourself of the opportunity to receive a negotiation concerning the issued charge. Therefore, in most instances, it is recommended that you plead not guilty upon receiving a traffic citation. Speeding cases are fairly technical in nature.
How long does a Virginia speeding ticket stay on your record? ›
DMV demerit points remain on your record for two years from the date that you commit the offense.How long is jail time for reckless driving in Virginia? ›
Maximum Penalty for Reckless Driving
The top penalty for reckless driving in Virginia if the person gets convicted and imposed the maximum punishment by law is the Class One misdemeanor. That is a $2,500 fine and jail for up to 12 months.
In Virginia, insurance companies may have their own point systems or policies on how a reckless driving conviction will affect insurance premium costs. The amount of increase will depend on the insurance company, but many individuals will see their insurance costs increase significantly for up to three years.How long can your license be suspended for reckless driving in Virginia? ›
When any person is convicted of reckless driving as provided in §§ 46.2-853 through 46.2-864, in addition to any penalties provided by law, the driver's license of the person may be suspended by the court for a period of not less than 60 days nor more than six months.Can you get a speeding ticket dismissed in VA? ›
Because of the points system in Virginia, you don't exactly get a traffic ticket dismissed; instead, you earn safe driver credit points to offset the demerit points incurred because of your traffic ticket.How much is a reckless driving ticket in Virginia first offense? ›
If it is Reckless Driving –How Much is a Reckless Speeding Ticket in Virginia? The average fine ranges from $300-$1,000, even though the max fine is $2500. The fine amount is established according to several factors: Your speed.How much is a 20 over speeding ticket in Virginia? ›
20 m.p.h. over the speed limit: $183 fine + additional fees and -6 points + a reckless driving charge.How do you get a ticket dismissed in Virginia? ›
- Find a legal defense with your case.
- Convince a judge or prosecutor to dismiss your case.
Reckless driving in Virginia is a crime, and therefore many clients are concerned how a conviction may affect their employment. Also, because reckless driving is a crime, it should show up on an in depth background check, but this will vary depending on numerous factors (see below).What happens if you get done for reckless driving? ›
A dangerous driving charge is the most serious motoring offence you can be charged with, beyond killing someone or injuring them. If you're convicted, you'll be banned from driving for at least 12 months. And you'll face the possibility of being sentenced to prison.
Is a reckless driving ticket in Virginia a felony? ›
Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.What is an example for reckless driving? ›
Some instances of reckless driving include tailgating, going over speed limits, not following traffic rules and signs, randomly changing lanes, racing other vehicles, driving under influence, endangering the lives of other drivers and pedestrians, and evading law enforcement.What might cause a driver to become reckless? ›
Some of the most common causes of reckless driving include the following: Speeding. Following too closely (tailgating) Road rage.What is vehicle code 23103? ›
California Vehicle Code [CVC] §23103(a) – Reckless Driving – Vehicle Code Section 23103(a) makes it illegal to drive a vehicle with willful or wanton disregard for the safety of people or property. Violation of Section 23103(a) is punishable by up to ninety days in county jail and/or a fine of up to $1,000.Should I attend court for speeding? ›
Should I go to court for a speeding ticket? If you speed by a large enough amount, you'll have to go to court. If you don't appear in court, you'll almost certainly be found guilty of the offence. If you receive a Notice of Intended Prosecution (NIP), you can respond guilty and accept your fine and points.Can I appeal speeding fine? ›
Some police forces will accept informal appeals for speeding tickets. If they don't the next step of the process is for drivers to reply to a speeding ticket with a not guilty plea which will result in you being summoned to a court hearing. Drivers are advised to take legal advice before embarking on a court appeal.What to do if you get caught speeding? ›
If you're caught speeding by a camera, you'll be sent a Notice of Intended Prosecution (NIP) within 14 days along with a section 172 notice. You have to fill in and return the section 172 notice within 28 days telling the police who was driving the car. Failing to do this may mean you have to go to court.Why do people plead no contest? ›
A defendant might enter a no contest plea if the prosecution has a really strong case, and the defendant knows a conviction is likely. But, because a related civil case is also pending, the defendant doesn't want to admit guilt.How many points is speeding? ›
The minimum penalty for speeding is £100 fine and three points added to your licence.Is trial by written declaration worth it? ›
Firstly, you get a chance of retrial even if you have lost the trial in the first attempt. Secondly, even if you're found guilty, you can request the judge to allow you to go to traffic school. Therefore, it is always worth it to fight your ticket first through a trial by written declaration.
How long do most driving convictions stay on your record? ›
CVC § 15311-10 years from the conviction date.How many points does a speeding ticket give you in Virginia? ›
There are no 1, 2 or 5 point traffic offenses. For example, speeding 0 to 9 mph above the speed limit is a 3-point offense, speeding 10 to 19 mph above the speed limit is a 4 point offense and speeding 20 mph or more above the posted speed limit is a 6 point offense.How long is license suspended for DUI in VA? ›
A first DUI in Virginia can result in a suspended license for 12 months. A driver may be able to get a restricted license after a conviction. An ignition interlock device (IID) is also required for all DUI convictions, even a first-time DUI, if the driver elects to acquire a restricted license.How fast over the speed limit is a felony in Virginia? ›
Driving over 80 mph anywhere in the state, OR. Driving in a way that endangers people or property, regardless of speed.How long does reckless driving stay on your insurance in Georgia? ›
In the state of Georgia, a charge of misdemeanor reckless driving stays on a driver's record for life. Moreover, the reckless driving law in Georgia has no option of expungement.How serious is reckless driving in Virginia? ›
Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.How long does a speeding ticket affect your insurance in va? ›
Each speeding violation results in four points and will stay on your record for five years.What are the consequences for a first time DUI conviction in the state of Virginia? ›
First Time DUI Penalties
Up to one year in jail. Up to $2,500 in fines. A mandatory alcohol education class. A mandatory one-year driver's license suspension.
The default rule for reckless driving is that you have to appear in court. That's because it's a misdemeanor charge. You can't just prepay it and be done. However, depending upon the specific case and the local court, an attorney may be able to appear on your behalf.Can you get a CDL with reckless driving on your record in Virginia? ›
Virginia considers certain acts to be disqualifying offenses for a CDL. This includes: Reckless driving (in any vehicle) Speeding 15 mph or more above the speed limit (in any vehicle)
What happens when you go to court for reckless driving in Virginia? ›
Reckless driving is a Class I misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. The court may also suspend your driver's license for up to six months.What is the average fine for reckless driving in Virginia? ›
Like jail and license suspension, the specific fine will depend upon a variety of factors including the local court. The maximum $2,500 fine isn't used often that I see. Depending upon all the facts of the case, an average reckless driving fine could be in the neighborhood of $300 to $1,000.What do you get for reckless driving in Virginia? ›
The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of § 46.2-818.2 shall include a mandatory minimum fine of $250.Can you appeal a reckless driving charge Virginia? ›
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.Can a lawyer show up in court for me in Virginia? ›
Can An Attorney Go To Court On Your Behalf? Yes, if you are charged with Virginia reckless driving, the attorney may be able to go to court on your behalf. This may include negotiating with a Commonwealth Attorney and potentially even having a trial in your absence.What is the first offense for reckless driving in VA? ›
Reckless driving in Virginia is a Class 1 misdemeanor. Class 1 misdemeanors are punishable by a jail sentence of up to one year. The fine for reckless driving can be no more than $2,500.