Chesterfield Reckless Driving Lawyer
The Commonwealth of Virginia has some of the strictest driving laws in the country. Even people without a prior traffic offense may find themselves facing a reckless driving charge based on their actions behind the wheel. Excessive speeding and other actions could land you in court and at risk of burdensome penalties. This is no mere traffic ticket. You must take it seriously and offer a proper defense with help from a qualified criminal defense attorney.
Your rights deserve proper protection. Allow a Chesterfield County reckless driving lawyer to help defend your case.
What is Considered Reckless Driving?
There are many infractions that could be considered reckless from a legal standpoint. Virginia Code § 46.2-852 defines the offense as any person driving on a highway recklessly or at a speed as to endanger life, property, or limb, of any person. This can occur irrespective of the actual speed limit and the speed that the person is traveling. This broad definition means that many officers issue a reckless driving citation in situations that really do not call for it. Other situations that could cause a reckless driving charge include, but are not limited to:
- Traveling over 20 miles per hour over the posted speed limit
- Traveling at 80 miles per hour regardless of the speed limit
- Traveling at over 100 miles per hour, which could result in jail time
- Failure to yield or give proper signal, or following too closely if an accident occurs as a result
- Passing in a double yellow- or white-line area
- Crossing any safety zone
These any many other forms of conduct may result in a reckless driving charge. Officers are often too quick to file this charge when, in actuality, a simple traffic ticket would suffice. This is an important factor that a reckless driving lawyer in Chesterfield County could keep in mind when defending against the charge.
Penalties for Reckless Driving
Reckless driving is considered a Class I misdemeanor, the most serious misdemeanor under state law. It is not simply a traffic ticket – it is a separate criminal offense that carries stiff penalties if a person is convicted. An individual convicted of a Class I misdemeanor charge could face up to twelve months in jail and a fine of up to $2,500. It may also lead to six demerit points on a person’s driver’s license and the possibility of a six-month driver’s license suspension.
Potential Defenses to Reckless Driving Accusations
When someone is charged with reckless driving, there are numerous defenses that a lawyer could use to push back on the accusation. These defenses might include:
- Proving that the charged individual was not driving
- Arguing that the conduct was not reckless
- Showing how an emergency necessitated the alleged conduct
- Arguing that the behavior was simply negligent, not reckless
- Disproving the alleged speed as testified by the law enforcement officer
- Proving that no traffic violation occurred
- Utilizing video evidence to disprove the allegations
These defenses and many others could be possible when the facts fit the situation. A defendant needs the help of a Chesterfield County reckless driving attorney to ensure their rights are protected.
Seek Counsel from a Chesterfield County Reckless Driving Attorney
A seasoned legal team knows how to challenge the prosecutor’s case and present your defense accurately. You deserve representation no matter the circumstances and could benefit greatly from a legal representative. A Chesterfield County reckless driving lawyer is ready to speak with you, so contact our office today.
