THE WALKER LAW FIRM, PLC

(703) 779-0720 CONTACTUS@WALKERLAWVA.COM

RECKLESS DRIVING FAQ's

Below you will find several of the questions our client's often ask.  Please do not hesitate to call 703-779-0720 or email contactus@walkerlawva.com if your question is not addressed below.

(Q) What must the Commonwealth prove to win a Reckless Driving conviction?
 

(A) A general charge of Reckless Driving is brought pursuant to Va. Code §46.2-852. However, there are several other circumstances in which someone may be charged with "Reckless Driving."  By far, the most frequent charge is speeding twenty or more miles per hour over the speed limit, or exceeding 80 miles per hour. 
 

Reckless Driving is a Class 1 misdemeanor crime which carries serious penalties. 
 

In establishing violation of the general charge of Reckless Driving under §46.2-852, the Commonwealth bears the burden to prove that the defendant, irrespective of the maximum speeds permitted by law, drove a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person.  

(Q) What are the penalties for a Reckless Driving conviction?

(A) Valuable legal representation is essential to minimize or eliminate the harsh penalties associated with Reckless Driving. The possible penalties for Reckless Driving are extensive and increase in severity with each additional violation, aggravating situations, and the driving record of the defendant.

 The Possible Penalties include:

·       
Jail of up to 12 months.

·        6 months loss of license with no restrictive license allowed.

·        Fines of up to $2,500 in addition to court costs.

(Q) Other than legal penalties, what are the other consequences of a Reckless Driving conviction?

(A) Beyond limiting criminal convictions, the importance of legal representation extends to the limitation of other “civil” consequences. In addition to criminal penalties, a Reckless Driving conviction or other Traffic Infraction has further serious consequences. The Virginia DMV will also assess points to your driving record. Insurance premiums will certainly increase with massive increases possible. Finally, if you have too many negative points in a certain period of time, the Virginia DMV will revoke your license. 
 

 

(Q) What can you do to help me? 

 (A) At the Walker Law Firm PLC, we will:

·        Interview you to review every aspect of your arrest for possible defenses. 

·        Analysis your legal documents. 

·        Review and analyze whether the officer correctly charged you.

·        Discuss all defenses available to you. 

·        Discuss your rights and legal options with you.

·        Prepare your case for trial.

·        Negotiate with the Commonwealth to minimize penalties.

(Q) Why is it important to be represented by a lawyer?

 (A) The charge of Reckless Driving is a serious.  The outcome can have far reaching effects on many aspects of your life. The Commonwealth has virtually unlimited resources which they will use against you. The majority of traffic cases are likely to lead to a conviction. In those cases, it is in the best interest of the defendant to plea bargain with the prosecutor prior to appearing before the judge.

In Loudoun County it is not possible for an unrepresented defendant to plea bargain because the prosecutor is not allowed to speak to them. The terms of the plea bargain deal are almost always more favorable than pleading guilty to the Judge.  Additionally, if you are able to point out a legal weakness in the government's case, the plea deal only gets better for the defendant.

 The Walker Law Firm, PLC offers above average legal representation with below average fees.

 
Contact us today, we never have to charge for a case evaluation!  

703-779-0720 contactus@walkerlawva.com

 
MINIMIZE FINES / KEEP YOUR LICENSE