Reckless Driving By Accident Charges
In addition to speed, you can also be charged with reckless driving in Virginia if you are involved in an accident where a law enforcement officer deems your driving reckless. Below, an experienced Richmond reckless driving lawyer discusses these types of charges and whether it is a less severe type of charge. If you or someone you know is facing reckless driving by accident charges it is important you consult with an attorney as soon as possible. Call today.
What Is Reckless Driving By Accident?
A reckless driving by accident refers to the citation or a ticket given as a result of an accident that you’re involved in. In a case like that, the officer will make a determination based on either the statements of the witnesses or what they see at the scene, that you drove in a manner that was reckless or a speed that was reckless so as to endanger life, limb or property of other drivers.
Reckless driving by accident is charged anytime the officer feels, based on what they see at the scene of the accident or what they hear from the witness statements, that your driving was reckless. Typically they’ll cite to reckless driving if they think you are swerving in and out of lanes or you were just driving in such a manner that creates that. However, not all accident cases result in a reckless driving ticket. Sometimes they result in lower tickets like failure to yield or following too close.
Penalties For Reckless Driving By Accident
Reckless driving by accident carries the same penalties that reckless driving by speed or other reckless driving cases carry. It is a class 1 misdemeanor punishable by up to a year in jail, up to a $2500 fine, and a lengthy license suspension. In addition to that, if the court finds that as a result of the reckless driving there were significant injuries involved or if there was alcohol involved in the case the court will impose a very harsh sentence.
Are There Any Legal Excuses For Getting Into An Accident?
One defense to a reckless driving by accident case is to show you were not at fault or that another driver caused the accident. In addition, if you can show that your driving was caused by a medical emergency that can be raised to as an affirmative defens
Can Reckless Driving By Accident Affect Your Commercial Driver’s License?
A reckless driving by accident case can have a significant effect on CDL driver’s license. Typically a reckless driving conviction is going to result in a loss or a possible suspension of the CDL and under Virginia law the Court cannot refer a CDL driver to driving school. Any conviction on a reckless driving can result in not only the loss or suspension of a CDL, but also a loss of your job as well.