The state of Virginia takes driving charges seriously, and reckless driving is among the convictions with the most stringent consequences. However, Virginia drivers who have been charged with reckless driving still have options for mitigating the penalties they face.
Having a good legal team in this endeavor can mean the difference between minimized penalties or feeling the full force of the laws against reckless driving.
A skilled traffic attorney can help you navigate the legal complexities surrounding reckless driving charges by providing expert representation, negotiating with prosecutors, and advocating for mitigated consequences to safeguard the rights and interests of drivers facing serious traffic offenses.
If you are wondering whether a reckless driving attorney is worth the effort and investment, here are some things to keep in mind about what they can do for you.
What Constitutes Reckless Driving
Reckless driving is a moving violation that can be classified as a felony or misdemeanor, depending on what occurred. Contrary to popular belief, the police may issue a reckless driving charge regardless of the speed at which a person is driving.
Some of the reasons that a driver may be pulled over for reckless driving include:
- Exceeding the speed limit by 20mph or more
- Driving more than 85mph at any time
- Racing other cars
- Failing to use a turn signal
- Passing in a no-passing zone, on a curve and Driving too fast for highway and traffic conditions
- Any other behavior that police have reasonable suspicion to believe may endanger the lives or property of others
The Penalties for Reckless Driving
The severity of the penalties that a driver may receive for a reckless driving charge will depend on their behavior and the category of the charge. The majority of reckless driving tickets are misdemeanor-level violations, for which the penalties can include:
- Up to 12 months in jail
- Six points on a person’s driving record
- Driver’s license suspension for up to six months
- A fine of up to $2,500
How Traffic Attorneys Mitigate Penalties
Traffic defense attorneys assist those who have been charged with a moving violation in their attempts to reduce the potential penalties they may face.
A reckless driving charge does not necessarily guarantee a person will face all the consequences listed above. Some of the strategies that a traffic attorney may use to mitigate reckless driving consequences for Virginia drivers include:
Improper driving change
The attorney may be able to use the evidence in your case to convince the court that while your driving was not correct, it was not excessively reckless. This can move your charge from reckless driving to improper driving, which is one of the lowest-stakes moving violations in the state.
You will still receive some consequences, but if an attorney can persuade the court to issue an improper driving classification instead, drivers can be spared some points, some amount of the fine, license suspension, and jail time, as well as the potential for the event to appear on their record permanently.
An attorney can achieve this by presenting evidence or cross-examining the police since a reckless driving charge is subjective.
Plea bargaining
In some cases, a person may elect to admit to their wrongdoing in exchange for meeting certain conditions. The most common is agreeing to community service as compensation. Plea bargaining is often pursued as a last resort after other options have failed or are not viable.
Legal defense
The police officer will need to prove beyond a reasonable doubt that a person’s driving was reckless in order for a conviction to occur. A traffic attorney may be able to portray the situation differently, challenging the officer’s information enough to create sufficient doubt for the charge to be dropped or the penalties reduced.
Driver clinics
If a person knows they cannot have their reckless driving charge dismissed outright or reduced to a lesser moving violation, their attorney can attempt to reduce their penalties by working with the judge to assign driver clinic work instead.
In this scenario, the driver must attend a driver improvement clinic, which functions like a safety school. The judge may use this option instead of other undesirable consequences, such as jail time.
Fight Your Reckless Driving Charge with Legal Help
If you are facing a reckless driving charge, you do not need to simply accept all the consequences. A skilled traffic attorney can help to mitigate the penalties you may face under Virginia law and may even be able to have the charge dropped or reduced.
The attorneys at The Law Offices of Kermit A. Monge have helped drivers charged with reckless driving to manage the outcomes of their cases. Contact Kermit A. Monge to schedule a consultation and begin developing a strategy.