Richmond Reckless Driving Lawyer
Reckless driving [Virginia Criminal Codes Section 46.2-852] is a collection of violations that can be prosecuted as “jailable offenses.” Combine that fact along with the possibility of a fine of up to $2,500, and it’s not hard to understand why anyone who is ticketed for these offenses may want to quickly seek a seasoned Richmond reckless driving lawyer to assist in their defense.
- What is Reckless Driving in Richmond?
- How Do Richmond Courts and Prosecutors Treat Reckless Driving Cases?
- What Should I Expect From a Richmond Reckless Driving Case?
- Out of State Drivers and Reckless Driving Charges
- What Makes Reckless Driving Different From a Speeding Ticket?
- Defending Reckless Driving By Accident Cases
- Building a Defense For Reckless Driving By Life, Limb, or Property Charges
- Tools Used to Catch Speeding Offenders in Richmond
- Richmond Reckless Driving Stops
Reckless Driving Charges in Richmond
A complete list of the ways someone in the Commonwealth can face reckless driving charges include:
- Reckless Driving By Accident
- Reckless Driving By Speed
- Reckless By Life, Limb, Or Property
- Reckless By Not Under Control
- Driving with view obstructed or impaired control
A conviction of one or more of these charges can also add six demerit points to your Virginia DMV driving record, where they can remain for 11 years. Additionally, if prosecutors can prove that you were operating a handheld device (even an iPod) when you were driving recklessly [Section 46.2-1078.1], a $125 fine will be added to whatever you already must pay for your reckless driving conviction [Section 46.2-868(C)].
Advantages of a Richmond Reckless Driving Lawyer
One thing that makes these offenses more threatening than traditional “pay and leave” tickets is the fact that they’re jailable offenses. However, reckless driving lawyers and prosecutors often negotiate plea deals prior to trial. In some instances your Richmond reckless driving attorney can attempt to negotiate a plea to a lesser moving violation charge, such as improper driving [Section 46.2-869] or simple speeding. Both involve a fine of much less than $2,500 and no jail time.
But just because you are ticketed for reckless driving doesn’t guarantee a conviction. There could be a reasonable explanation. Perhaps your speedometer needed calibration and registered a speed that was significantly less than that for which you were ticketed.
Other mitigating factors that can work in your favor at trial include:
- Your good driving record if you have no previous convictions.
- Calibration issues with the police officer’s radar gun if you were ticketed for reckless speeding
- A medical emergency that influenced the driving actions in question
Traffic court judges may exercise some discretion in deciding how you should be punished. Experienced Richmond reckless driving lawyers are well versed in knowing how to present your case, and yourself to the court, due to their knowledge of this local jurisdiction, its prosecutors, and judges.
The independent city of Richmond, Virginia, is served by the courts of the 13th Virginia Judicial District. The General District Court comprises three divisions:
- Criminal Division
- Traffic Division
- Civil Division
There are two General District Court Locations in which a Richmond reckless driving lawyer can make a difference in your defense:
- The John Marshall Courts Building: 400 N. 9th Street
- The General District Court, Manchester: 920 Hull Street
The judge, not a jury, will hear your case. However, if you appeal your conviction, it will be heard as a brand-new case in Circuit (Criminal) Court. There, you have the right to request a jury trial (of seven, rather than 12 people). If you end up in General Court for your first trial, or if you have been convicted and wish to appeal that ruling, representation by a seasoned Richmond reckless driving lawyer is essential in order to mitigate any potential penalties that come with this offense.
By: Jose E.
I Couldn't Be Happier
After reviewing my traffic case, Michael Kiely explained the entire process to me. He gave me the worst case and best case outcome scenarios. Mr. Keily also gave me realistic expectations. He didn’t make promises or guarantees just to earn business. In the end, the outcome was far better than expected and I couldn’t be happier!! Michael Kiely’s representation far exceeded my expectations. Thank you, Michael, for everything.