What is Reckless Driving?
Reckless driving is whena driver displays no regard for the traffic rules set by the government; the driver misjudges the common driving procedures, causing accidents and other damages to life and property.
What is Reckless Driving Virginia?
Virginia’s Reckless Driving law is defined by the Virginia Code 46.2-862. As per the code,
A person would be found guilty of reckless driving if he or she drives a motor vehicle on the highways
- at a speed of 20 miles per hour or more, above the applicable speed limit.
- at a speed of 80 miles per hour, regardless of the allowed maximum speed limit.
Penalties for Reckless Driving in Virginia?
As per Virginia State law, a person who is found guilty of reckless driving, receives a Class-1 demeanor. Class 1 demeanor is the same conviction that the individuals who are found guilty of possession of Drugs, like marijuana, or a simple assault receive.
An individual receiving Class 1 demeanor is convicted for at least 1 year of jail term and a fine that leads up to $2500. There is a probability that the individual’s driving license is suspended for at least 6 months and he also receives 6 negative points on their driving license. Furthermore, if there is a need, the person is also required to attend an improved driving institute. Depending on the severity of the case the person might also get his license suspended for life.
How your reckless driving lawyer might help you?
Your attorney for the reckless driving might start helping you by listening to all the details of the case and then finding ways of how best to present your case so that you are impacted minimally. Furthermore, there are some factors that are also called the mitigation factors, which might help in improving your position in front of the court. These factors are called Mitigation factors and your lawyer would brief you about these.
The mitigation factors are the ones, which might sway a judge’s mind to change the decision in your favor, and he might let you get away with a warning. These factors are listed as below;
- Good driving record: if this is your first incident of reckless driving and you have a clean record with some positive points on your record, then you might be able to get off with just a warning.
- Speedometer reading incorrectly: speedometer readings could be challenged in the court of law, if you are sure about your driving speed at the time of the ticket.
- Radar calibration issues: Radar calibration issues could be brought forward in the court in order to ease the final verdict.
- Legitimate emergency: if you were in a serious emergency and were driving recklessly because of that, then the judge might consider letting you off with just a warning.
What does a lawyer do for you?
A lawyer would, first and foremost, defend you in the court, and would put to use his knowledge and expertise to safeguard your interest. They are well versed in law, and discuss about the complexity of situation with you all the while suggesting you proper course of action. Similarly in case of a conviction, the lawyer weakens the prosecutor’s argument and prepares your defense in a way that minimizes your verdict if you are sentenced by the court for reckless driving.