how does a lawyer help you with reckless driving charges

by Dr. Emmett McCullough I Published 2 years ago Updated 1 year ago 4 min read

Accordingly, it is well worth at least consulting a lawyer for a Reckless Driving or other seemingly harmless traffic matters. A lawyer can assist in determining what defenses you may have available. A lawyer can also assist in negotiations with police/prosecution, mitigation and presenting you to the court in the most favorable light possible.

An experienced reckless driving attorney will be able to identify the defenses you can raise given the circumstances surrounding your arrest and help you obtain the evidence you need to prove them. Represent you at court.

Full Answer

Do I need an attorney for a reckless driving charge?

Even if the case involving a given driver will likely not result in a dismissal, there are still options available for a driver to beat a reckless driving charge. Plea Strategies for Reckless Driving Charges. If outright dismissal is not possible, a driver and their lawyer most likely can obtain some form of plea bargain with prosecutors that reduces the reckless driving charge to a …

What is considered reckless driving?

You may have defenses to the charges, such as speedometer calibration, GPS defense, lack of probable cause to stop you, and other violations of your constitutional rights, even if you are guilty. A skilled lawyer will be able to identify these defenses and use them to fight to get the charges dismissed or reduced to a less serious offense. Court hearing. You are required to …

How long do you go to jail for reckless driving?

Accordingly, it is well worth at least consulting a lawyer for a Reckless Driving or other seemingly harmless traffic matters. A lawyer can assist in determining what defenses you may have available. A lawyer can also assist in negotiations with police/prosecution, mitigation and presenting you to the court in the most favorable light possible.

What are the penalties for a reckless a conviction?

Even if you are guilty of reckless driving, you could have strong defenses that can help you fight the charges. For example, if the police did not have reasonable cause to stop you, the charges could be dismissed. A lawyer will know what defenses could work in your case and can mount a strong defense strategy for you. Explain your options. You need to understand all your options …

How do you dismiss a reckless driving ticket in NC?

An attorney can advise you on your rights, argue the case in court, and help you determine whether to plead guilty to a lesser charge or take the case to court. In many instances, an experienced attorney may be able to get the ticket dismissed or get the criminal charge reduced to a civil charge.Jan 24, 2022

What is the most important element of reckless driving?

Elements of Reckless Driving. A person acts with “wanton disregard for safety” when (1) the person is aware their actions present a substantial and unjustifiable risk of harm, and (2) the person intentionally ignores that risk. The person does not, however, have to intend to cause damage.

How do you get a reckless driving ticket dismissed in Virginia?

How to Get Out of Reckless Driving Ticket

Ignore the Reckless Driving Charge. It's a choice, but it's not a good one. ...
Send a Letter. The next approach you might take to handling your case is to send a letter to the court. ...
Appear by Yourself. ...
Hire a Lawyer to Fight the Reckless Driving Charge.

Can a reckless driving charge be reduced in Virginia?

Virginia law states that in any case of reckless driving where the culpability of the driver is minimal, the judge can reduce the charge to “improper driving.”

Is reckless driving a criminal offense?

Damages and Injuries as a Result of Reckless Driving

According to DOJ, "depending on the extent of damages caused, a person may be charged with crimes such as physical injuries, damage to property or even homicide and murder."Sep 30, 2018

What is reckless driving violation?

In United States law, reckless driving is a major moving traffic violation that generally consists in driving a vehicle with willful or wanton disregard for the safety of persons or property.

Do you need an attorney for reckless driving Virginia?

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.

What happens when you get reckless driving in Virginia?

Reckless driving crosses the mark from traffic infractions to a criminal charge, so it is a Class One misdemeanor. Class One misdemeanors come with a maximum fine of $2,500 and the possibility of jail time for up to 12 months, so it is serious. If a person gets charged and convicted, it is a serious charge.

How long does a reckless driving stay on your record in Virginia?

11 years

Under Virginia law, a conviction for reckless driving will remain on your Virginia driving record for 11 years. Note the use of the word 'conviction'. Reckless driving is a misdemeanor. If you pay a reckless driving ticket, you are pleading guilty to the offense.

Can you go to jail for reckless driving in VA?

Reckless Driving in Virginia

Reckless driving is usually a Class 1 misdemeanor and is punishable by up to one year in jail, six months suspended driver's license, six points on your driving record in Virginia, and a fine of up to $2,500.Jan 11, 2017

How is reckless driving reduced?

8 Tips to Prevent a Reckless Driving Accident

Allot plenty of time to get to your final destination. ...
Always wear your glasses or contact lenses when driving. ...
Keep road rage in check. ...
Be aware of your surroundings. ...
Keep a safe distance. ...
Don't drive distracted. ...
Follow traffic laws.

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Nov 25, 2012

Is 20 over the speed limit reckless driving in Virginia?

Virginia Code Section 46.2-862 indicates that a person can be found guilty of reckless driving by speed if the motorist: Travels 20 miles per hour or more over the applicable maximum speed limit.

Is reckless driving a crime in Fairfax County?

Don’t assume that a reckless driving ticket in Fairfax County, Virginia, is harmless. It’s a criminal charge that can follow you around for a long time, just like a DUI, no matter where you live. You may consider representing yourself in court because of cost concerns.

How long is aggressive driving class?

Finally, there is a 4-hour aggressive driving class. This class is offered after completion of the 8 hour in-person class. Normally a person is informed to complete both the 8 hour and 4 hour in-person class when the driving behavior seems particularly dangerous either with a very high speed or a bad accident. Calibrations.

Why You Need to Retain an Experienced Reckless Driving Attorney

You may not realize it, but you do have options for fighting a reckless driving charge even if you believe that you are guilty. Here are reasons why you want an experienced reckless driving attorney at your side:

Contact a Reckless Driving Attorney

At Browning & Long, PLLC, we are committed to aggressively fighting for the rights of our clients facing reckless driving charges. We have the added advantage of being former prosecutors, which gives us a greater understanding of the strategies that they employ in these cases.

What is reckless driving?

Reckless driving is driving with a willful or wanton disregard for safety, or showing willful disregard of consequences when operating a vehicle. When you are cited for this traffic offense, it is because you may have disregarded the rules of the road and may or may not have caused an accident or property damage. But as a threshold issue, you normally have to do something more than mere negligence in the operation of a vehicle to be cited for reckless driving.

Is reckless driving a misdemeanor?

Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws.

How long is reckless driving in jail?

Reckless driving: Up to 90 days in jail and/ or 1000 in fines. Reckless driving resulting in serious injuries: Up to 1 year in jail and/ or 3000 in fines. Reckless driving without bodily harm; and careless driving: A misdemeanor. Reckless driving resulting in bodily harm: Gross misdemeanor.

How long is a second conviction?

Second conviction within 3 years from first conviction: Imprisonment of between 30 days and 6 months, and/or by a fine of between $500 and $1,000. Second conviction if physical injury to a person results: Imprisonment of between 60 days and 1 year, or by a fine of between $500 and $1.000, or both. Misdemeanor.