Va Code 46.2-862 Reckless Driving Conviction in Virginia Can Be Devastating
Virginia has some of the strictest reckless driving laws in the country. It also has some of the most severe punishments. Va Code 46.2-862 is classified excessive speed in Virginia as a crime. A criminal conviction in Virginia is permanent. Reckless driving convictions in Virginia courts have many harsh consequences. A conviction may include fines, loss of driving privileges and in some cases even a jail sentence. It does not matter if you are a resident or live out-of-state. The long-term ramifications of a Va Code 46.2-862 conviction can be severe.
Are You Anxious About Your Va Code 46.2-862 Summons for Reckless Driving?
Free Virginia 46.2-862 Reckless Driving Case Evaluation by Top Rated Attorney
Please submit your information using the below form. We will respond to your inquiry as soon as possible. Our normal office hours are Monday – Friday 9 a.m. to 5 p.m..
***Our attorneys are licensed to practice law in all Virginia Courts***
Are You Anxious To Understand Virginia Reckless Driving Code 46.2-862?
It is crucial to comprehend the implications of a Virginia reckless driving by speed charge, especially as Virginia enforces some of the most stringent reckless driving laws in the United States. Reckless driving is not merely a traffic violation but a criminal offense that can lead to significant legal consequences; including fines, suspension of driving privileges, and even jail time. This comprehensive guide aims to provide a clear understanding of reckless driving under Virginia Code 46.2-862 and the penalties. An experienced reckless driving attorney can help you navigate the legal process.
What Constitutes Excessive Speeding as Reckless Driving in Virginia?
A person is guilty of reckless driving pursuant to Va Code 46.2-862 if they drive a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.
Key Points of Virginia Code 46.2-862
- Any person who drives 20 mph over the speed limit.
- Any person who exceeding 85 mph irrespective of the speed limit.
- Speed alone is enough for a reckless driving conviction
Penalties for a Virginia 46.2-862 Misdemeanor Reckless Driving Conviction
A Va Code 46.2-862 reckless driving violation is usually classified as a Class 1 misdemeanor offense in Virginia. This classification is the most severe type of misdemeanor and can lead to harsh penalties. The potential consequences of a misdemeanor reckless driving conviction include:
- Fines: Up to $2,500.
- Jail Time: Up to 12 months.
- License Suspension: Up to 6 months.
- Demerit Points: 6 points on your driving record, remaining for 11 years.
- Permanent Record: A conviction results in a permanent record, which can impact employment, insurance rates, and other areas of life.
What Are The Differences Between Misdemeanors & Felonies in Virginia?
Virginia crimes are classified into two categories, felonies and misdemeanors. Misdemeanors offenses are classified as less serious than felony offenses. Misdemeanor jail sentences are served at the local jail. A felony term of incarceration is either served at the local jail or at a state prison. In either case, a conviction is permanent. Reckless driving according to Va Code 46.2-862 is typically charged as a Class 1 misdemeanor offense. However, it can be a felony if the offense was committed without a valid operator’s license due to a suspension or revocation for a moving violation and someone died.
Other Possible Consequences of a Virginia 46.2-862 Reckless Driving Conviction
- Loss of automobile insurance or increased policy rates
- Ineligibility to rent cars
- Negative impact on government security clearances
- Negative impact on contract eligibility for military or law enforcement personnel
- Negative impact on child custody, housing, and travel
- Failure to secure employment or loss of employment
Long-Term Consequences Of A Va Code 46.2-862 Reckless Driving Conviction
A reckless driving conviction in Virginia carries long-term consequences far beyond the immediate penalties. One of the most significant impacts is the permanent record that follows a conviction. This record can affect various aspects of your life.
Employment Consequences Of A Va Code 46.2-862 Reckless Driving Conviction
Many employers conduct background checks, and a criminal conviction can severely impact job prospects. Positions requiring a clean driving record, such as commercial driving jobs, may become inaccessible.
Insurance Rate Increases Due To A Va Code 46.2-862 Reckless Driving Conviction
A reckless driving conviction typically leads to a substantial increase in automobile insurance premiums. Insurance companies view reckless driving as a high-risk behavior, leading to higher rates for several years.
Professional Licenses Impacted From A Va Code 46.2-862 Reckless Driving Conviction
Certain professions require no criminal convictions. A reckless driving conviction can jeopardize the ability to obtain or maintain professional licenses. If your position of employment is based upon a clean driving record or no criminal convictions, a reckless driving conviction could result in employment termination.
A Va Code 46.2-862 Reckless Driving Conviction Creates A Permanent Record
Having a permanent criminal conviction could affect a myriad of aspects of your life. Every person have different histories arrangements and relationships. It would be impossible to know all the effects until they happen.
Housing and Custody Challenges
A criminal conviction can also limit your housing options. Landlords often perform background checks, and a conviction might lead to rental applications being denied. In child custody cases, a criminal conviction can be a significant disadvantage, potentially affecting custody arrangements and your relationship with your children.
Broader Life Implications
Beyond employment and housing, a criminal conviction can spread throughout various aspects of one’s life. It can lead to social stigma and stress, affecting personal relationships and mental well-being. To minimize these impacts, addressing the charge swiftly with experienced legal assistance is crucial.
Defending A VA Reckless Driving Charge Pursuant To Code 46.2-862
It is crucial to seek legal representation immediately if you have been charged with a Va Code 46.2-862 reckless driving offense. An experienced Virginia reckless driving attorney can provide essential guidance and support, potentially mitigating the severity of the penalties or even achieving a dismissal of the charges. Here are some key strategies used in defense:
Challenging The Accuracy of RADAR, LIDAR And PACE Evidence
There may be defenses to the police RADAR, LIDAR or PACE evidence that the prosecution will attempt to introduce during your trial for a violation of Va Code 46.2-862. There are various steps that a properly trained police officer must follow in order to operate RADAR, LIDAR or use the PACE method of speed enforcement. There are then various legal procedural steps that must be followed for the police officer’s testimony to be admissible and sufficient. Only a knowledgeable attorney who specializes in defending reckless driving cases can challenge these issues.
Arguing for a Lesser Offense
The judge is not required by law to convict the defendant motorist of reckless driving just because the evidence may be sufficient for a guilty verdict. In many cases like these, we can nevertheless convince the Judge to reduce the charges because of our experience and knowledge of how to successfully defend reckless driving cases. In some cases, we find it in our clients best interest to negotiate the case with the prosecutor to dismiss or reduce the charge to a less serious infraction. Our goal is to always secure you the best outcome possible based on the facts and circumstances of your case.
Providing Contextual Evidence
Factors such as emergency situations may reduce charges or lead to their dismissal. Weather conditions or dangerous behavior of other drivers can influence the court. The specifics of the situation can provide context to the court. The specifics of the situation may explain the speed in your case. This could reduce the charge or dismiss the case.
Speak To An Experienced Lawyer If You Have Been Charged With Va Code 46.2-862
Legal knowledge, technical skill and experience are required to navigate Virginia’s reckless driving laws. The best Virginia reckless driving attorneys have decades of experience. The average person who is considering a defense to their reckless driving case without a skilled attorney lacks these qualities. The stakes are likely too high to go into court alone and unprepared, especially if you have a successful career.
It is often unwise to defend such a severe charge on your own. Our attorneys specialize in reckless driving law and have the necessary courtroom experience. We have worked with judges, prosecutors, and police officer’s in a professional capacity for years. Our lawyers understand the nuances of the legal system. We will effectively and passionately advocate and fight for your rights and freedom. We provide critical support by:
- Analyzing the Case: Reviewing all evidence and identifying weaknesses in the prosecution’s case.
- Negotiating with Prosecutors: Working to reduce charges or penalties through plea bargains.
- Representing in Court: Providing robust defense during court proceedings, ensuring your side is effectively presented.
- Advising on Best Actions: Guiding you through the legal process and advising on the best course of action to minimize impact.
Steps to Take If Charged With Reckless Driving Va Code 46.2-862
Contact a Reckless Driving Attorney Immediately Who Will Listen To Your Concerns
The first step after being charged with reckless driving is to contact an experienced attorney who specializes in defending reckless driving cases. Our lawyers will provide solid legal advice and begin building your defense.
Gather Evidence
Collect any evidence that can support your case, such as witness statements, a speedometer calibration, dashcam footage or mitigation evidence. This evidence can be crucial to successfully defend the charges.
Attend All Court Dates That You Must
In many instances, we can represent our client without the client having to appear in court. Our attorneys will need to consult with you to better understand your case and explain if an appearance waiver is possible. Missing a court date can result in a bench warrant for your arrest. Ensure you attend all scheduled court appearances or have your attorney that advises that they can appear in court on your behalf.
Retain A Confidant Attorney You Trust And Follow Their Legal Advice
Adhere to all recommendations and instructions from your attorney. Their expertise is essential in navigating the legal process and achieving the best possible outcome.
Call Us For Help If You Have Received A Virginia Code 46.2-862 Summons
Our legal team is dedicated to providing the highest level of legal representation. We understand that every case is unique, and we tailor our approach to meet the specific needs of each client. Our goal is to minimize the negative impact of a reckless driving charge on your life and to help you move forward.
Are You Anxious About Your Va Code 46.2-862 Summons for Reckless Driving?
Call Us!
Experience Matters – We Will Explain Your Best Options And Possible Outcomes
We begin with a thorough evaluation of your case when you contact our law firm. We review all the details, including the circumstances of your traffic stop, the evidence against you, and any previous offenses. This allows us to identify the best defense strategies and advise you on your options.
Knowledgeable And Effective Defense Strategies Fighting For Your Rights And Freedoms
Our defense strategies are tailored to each client’s situation. We may either challenge the sufficiency of the prosecution’s evidence, present evidence of mitigating circumstances, or both. In either case, our goal is to present your case in the best light possible and to secure the best possible outcome for you.
Experienced Courtroom Representation With A Long Track Record Of Satisfied Client Outcomes
Riley & Wells Attorneys-At-Law has represented more than 30,000 clients in court and has more than 1500+ Reviews with a 4.9 out of 5-star rating. We ensure that your rights are protected throughout the legal process. Our attorneys are experienced in negotiating with prosecutors and presenting winning arguments before judges. We actively seek to have your charges dismissed or reduced.
Contact Us Today
Reckless driving under Virginia Code 46.2-862 is a serious offense with severe consequences. Understanding the law, the penalties, and the importance of legal representation is crucial if you are facing this charge. By seeking skilled legal counsel, you can navigate the complexities of the legal system and work towards minimizing the impact on your life. Remember, acting swiftly and decisively can make a significant difference in the outcome of your case. Contact a top rated Virginia reckless driving attorney today to protect your rights and future.
Riley & Wells Attorneys-At-Law for Virginia Reckless Driving Defense
***Our attorneys are licensed to practice law in all Virginia Courts***
Call Now!
E-mail | Fax:(804) 673-7115
Riley & Wells Attorneys-At-Law is registered to practice law with the Commonwealth of Virginia State Corporation Commission. Our attorneys are licensed to defend reckless driving charges in all Virginia Courts by the Virginia State Bar. We are an “AV Preeminent” rated law firm by Martindale-Hubbell and a “Best Law Firm” according to U.S. News and World Reports for the highest level of professional excellence in legal ability and ethical standards. Martindale-Hubbell and U.S. News and World Reports are distinguished, established organizations that publish reliable information regarding lawyers and law firms. Other attorney rating organizations such as Virginia Super Lawyers, Legal Elite by Virginia Business Magazine, Avvo.com, and others also recognize our firm for outstanding legal ability and the highest ethical standards.