Having an attorney represent you in criminal traffic cases is highly advisable. Many self-represented individuals in Virginia learn the hard way about the serious consequences of these offenses.
An experienced criminal traffic attorney brings valuable knowledge and expertise to your defense. At a minimum, they will challenge the facts and procedures involved in the allegations against you. To secure a conviction, the Commonwealth must not only prove that your actions meet the elements of the offense but also demonstrate that proper procedures were followed in obtaining and presenting evidence in court. Criminal driving offenses often include reckless driving, hit-and-run, and driving on a suspended or revoked license. If you are charged with any of these offenses, it’s crucial to consider hiring an experienced attorney to defend your case.
Each of these offenses carries serious consequences, including significant jail time, hefty fines, court costs, and potential long-term impacts on your driving privileges.
The crime of Reckless Driving, which is defined in Va. Code §46.2-862 is a class 1 misdemeanor offense in Virginia.
Reckless Driving in Virginia is not a typical speeding ticket. The State Assembly has made it a crime to speed in certain instances; those instances
are defined in the reckless driving statute. Many people think speeding is just a traffic offense they can pay a fine for. This is not the case.
A criminal violation is more serious than a traffic offense and has lasting consequences for your criminal record (a misdemeanor conviction) and
driver’s license record (points, insurance increases) if not handled correctly.
Virginia’s Reckless Driving Statute, Va. Code §46.2-862 Exceeding
speed limit, states:
“A person is guilty of reckless driving who drives a motor vehicle
on the highways in the Commonwealth:
Typically, to be cited for a criminal speed violation, a person must exceed, or travel over the posted speed limit or the speed limits described in the
statute.
Example #1: Driver #1 is traveling at 84 mph on Highway 66; Driver #2 is traveling at 87 mph in the lane next to Driver #1 on Highway 66. Driver #1 is traveling below 85 mph, which is not a violation of § 46.2-862(3), although law enforcement may cite Driver #1 with a traffic violation. Driver #2 is exceeding (or traveling over) 85 mph, which is a violation of § 46.2-862), so he can be arrested for Reckless Driving.
Example #2: Driver is traveling at 77 mph in a posted 55 mph on Highway 495. The driver is traveling 22 mph over the posted speed limit of 55 mph. This is a violation of § 46.2-862 because he is traveling more than 20 mph over the posted speed limit so he can be arrested for reckless driving.
The penalties for a reckless driving conviction can include:
Typically, most people facing a reckless driving are looking at jail time, a fine, and points assessed against their license.
How many points is reckless driving in Virginia?
In Virginia, reckless driving adds results in 7 demerit points against your license.
Challenging Speed Detection Methods: Investigating if RADAR or LIDAR devices were properly calibrated and if the officer was trained to operate them.
Questioning Officer Accuracy: Evaluating visual estimations, pacing, and potential errors in measuring speed.
Proving Necessity: Demonstrating that the speed was necessary for safety or due to an emergency.
Reviewing Evidence: Analyzing body-worn camera footage, traffic flow, and road conditions.
Mitigation: Highlighting a clean driving record or other mitigating circumstances to negotiate for a reduced charge or dismissal.
Although this charge may seem minor, prosecutors and judges take it seriously—especially for repeat offenders. Representing yourself or assuming the
penalty will be minimal is a risky approach.
An experienced defense attorney can:
Attorney C. Ted Asbury brings a unique perspective as a former officer, using his knowledge of the system to defend individuals accused of crimes in Virginia. Each case is meticulously reviewed to minimize potential impacts and protect your future.
