Best Smyth County VA Reckless Driving Lawyer • 1500+ Reviews
Riley & Wells Attorneys-At-Law is an established Smyth County VA law firm. Our attorneys defend reckless driving allegations in the Smyth County General District Court. Our attorneys have over 60 years of collective reckless driving law experience. We are a “Best Law Firm” according to U.S. News & World Report. Our attorneys are routinely recognized by various legal organizations for superior legal ability and high ethical standards. Our firm has been positively reviewed more than any other Smyth County VA reckless driving lawyer. We believe that clients benefit from lawyers who specialize. CAUTION: A Smyth VA reckless driving conviction will on average increase the automobile insurance premium by 73% or $1,046 EACH YEAR, according to Insurance.com
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Experienced Reckless Driving Attorneys Smyth County VA
Virginia has strict reckless driving laws. Reckless driving is a criminal misdemeanor offense. The most enforced reckless driving provision in Smyth County VA is the excessive speed provision pursuant to Va. Code 46.2-862. This law criminalizes speeding 20 mph over the posted limit or driving faster than 85 mph. State Troopers and local law enforcement aggressively patrol Interstate 81 and the county to include Marion, Chilhowie, & Sugar Grove. We can successfully defend your case. Let us review your case. We can help!
Most Rated Smyth County VA Reckless Driving Defense Lawyer
Experience Matters – Retain a Recognized Smyth Professional
Our Smyth County VA attorneys are dedicated reckless driving defense lawyers. We are leaders in this practice area with a deep bench of experience from lecturing other attorneys about the status of the law at Virginia Trial Lawyers Association conventions to being a former Virginia State Trooper. You can benefit from our experience. An experienced Smyth VA Reckless Driving Attorney can present your best defense before the Smyth General District Court. We know how to best protect our clients.
Penalties for Reckless Driving Convictions in Smyth VA
- Maximum 12 months in jail
- Maximum $2,500 fine
- Loss of driving privileges
- Moving violation demerit points
- Increased automobile insurance rates
- Community service
- Driver improvement programs
- Possible employment problems
Virginia Summons Reckless Driving Ticket Issued by Smyth Police
A Virginia Uniform Summons is the legal document issued by Smyth Deputies or State Troopers during a reckless driving traffic stop. Motorists often refer to this document as a ticket. The summons serves as legal notice for the alleged reckless driving violation. Signing the summons is not an admission of guilt. The summons advises you that a hearing will be at the Smyth General District Court on a particular date and time. The hearing will either be an arraignment or a trial depending on the case. Allow our top rated Smyth County VA reckless driving lawyers to review your summons. We can develop a defense strategy even if you think you are guilty.
Reckless Driving Lawyer Smyth VA Free Consultation
Some drivers think they do not need a lawyer for their Smyth VA reckless driving case. The biggest issue is usually experience. Keep in mind that there can be a lot riding on the case because reckless driving is a criminal misdemeanor that carries harsh penalties. Our top rated Smyth County VA reckless driving lawyers know the best tactics for obtaining good results. Our attorneys spend a significant amount of time in the Smyth General District Court every day and are familiar with the habits of the of the different judges and the law enforcement officers who issue reckless driving tickets. This knowledge is invaluable when determining how to best defend your case.
Smyth Reckless Driving Trials are Adversarial By Design
If you have been accused of reckless driving in Smyth, then your case will eventually be set for trial before the Smyth General District Court. Reckless driving trials are adversarial. This involves a structured and formalized dispute between the Smyth Commonwealth Attorney’s Office and the defense. The adversarial system is designed to ensure a fair trial process subject to the rules of law and evidence by allowing each side to present their case and to be able to challenge the other’s arguments and evidence. The Smyth District Court Judge ultimately evaluates the evidence and arguments to reach a verdict. This system ensures that the prosecution meets its high standard of proof.
Elite Smyth VA Reckless Driving Attorneys by Virginia Super Lawyers
Super Lawyers is a lawyer rating service of outstanding attorneys from 70 plus practice areas including reckless driving law who have attained the highest degree of recognition and achievement. This legal organization recognizes the top lawyers nationwide across a variety of practice areas and firm sizes using a patented process of independent research and peer input. Our Smyth VA reckless driving lawyers have been recognized by this publication since 2009. No more than five percent of all lawyers are on this list and no more than 2.5 percent are on the Rising Stars list. This recognition is merit based. Retain a top rated Smyth reckless driving attorney who has been recognized with this award.
A Smyth Reckless Driving Ticket is NOT a Conviction
A Smyth County reckless driving conviction can negatively affect you in many ways. However, a Virginia Uniform Summons or ticket is NOT a conviction. Our reckless driving defense lawyers routinely defend this type of allegation in the Smyth County General District Court. We know how to best protect our clients. The facts of each case can vary. Our knowledge, expertise, and experience helps us to select the best defense for your case. We diligently prepare arguments for your particular circumstances.
I-81 Smyth County VA Reckless Driving Lawyers
Our Smyth County VA reckless driving attorneys represented a client accused of reckless driving for excessive speed on Interstate 81. In this case, we developed defenses to the particular RADAR device used to calculate our client’s speed. A not guilty plea was entered and the trial commenced. We were able to effectively cross examine the Smyth deputy sheriff who operated the RADAR in this case and made the reckless driving allegation. We exposed the fact that the RADAR used in this particular case was not tested for accuracy with properly calibrated tuning forks, which is required by Va. Code 46.2-882. The Smyth County Judge granted our motion to dismiss the case.
Smyth County Speeding Ticket Reckless Driving 85+mph NOT GUILTY
Our Smyth County VA Reckless Driving Attorneys represented a college student who was charged with Reckless Driving for driving 90 miles per hour on Interstate 81. There are 29 colleges and universities located along the I-81 corridor. At least half of all Virginia college students and their families use I-81. We were able to present compelling evidence and arguments to persuade the Smyth Court and Commonwealth Attorney to take the case under advisement to eventually significantly reduce the allegation. We prevailed and our client was found not guilty of reckless driving. Our client avoided a life changing misdemeanor criminal conviction.
Riley & Wells Attorneys-At-Law Defend Smyth VA Reckless Driving Cases
- 46.2-852 General recklessness
- 46.2-853 Fail to maintain proper control
- 46.2-854 Passing on a grade or curve
- 46.2-855 View obstructed/control impaired
- 46.2-856 Passing two vehicles abreast
- 46.2-857 Driving two abreast
- 46.2-858 Passing at a railroad crossing
- 46.2-859 Passing a stopped school bus
- 46.2-860 Failing to give proper signals
- 46.2-861 Driving too fast conditions
- 46.2-861.1 Failure to “Move Over” or Yield to Stationary Emergency Vehicle
- 46.2-862 Speeding
- 46.2-863 Failure to yield
- 46.2-864 Parking lots
- 46.2-865 Racing
- 46.2-865.1 Injury or death while racing
- 46.2-866 Racing; aiders or abettors
- 46.2-867 Racing; seizure of motor vehicle
- 46.2-868.1 Aggressive Driving
Smyth Legal Elite Reckless Driving Lawyer by Virginia Business
The Virginia Business publication is dedicated to covering the legal community in Smyth County. Since 2000, in cooperation with the Bar Association, the Top Attorneys are recognized with the Legal Elite award. There are over 23,000 legal practitioners in the Commonwealth. Legal Elite recognitions are awarded to approximately 1400 attorneys each year. This is an exclusive list of top rated lawyers who have been recognized by their peers for excellence. Only outstanding and experienced professionals are recognized for being Legal Elite. A practitioner cannot purchase their way in to being recognized as a member of the Legal Elite community. Let a Smyth County VA Legal Elite reckless driving attorney review your case.
Out of State Reckless Driver Retains Top Rated Smyth Defense Lawyer
Out-of-state drivers must defend their Smyth County reckless driving ticket because a conviction will be reported back to the home state. The home state and automobile insurance company will likely then take action against the driver. Smyth County sits along the Interstate 81 corridor. Many of our clients are not from the area or are drivers from other states such West Virginia, Florida, Georgia, South Carolina, North Carolina, Maryland, Tennessee, Pennsylvania, New Jersey, New York, Kentucky, & Ohio because large numbers of motorists drive through Smyth County on the interstate. In many instances, we can make a motion to waive our client’s appearance so that our client does not have to return to Smyth VA for the trial.
VA Move Over Law Can Be Reckless Driving in Smyth County
Virginia law requires the driver of any motor vehicle to “move over” to an adjacent lane when passing a stationary vehicle stopped on the shoulder of the Smyth County highway under certain traffic conditions. A violation of this law can be considered reckless driving if an emergency vehicle is in involved, which is a criminal misdemeanor in some cases. If you have been accused of violating this law in Smyth then it would be in your best interests to consult an accomplished local driving attorney before appearing in the Smyth County VA General District Court. You may have a valid defense and not realize it.
RACING in Smyth VA is Serious Reckless Driving & Can be a Felony
The racing law is the most serious type of reckless driving law. Any person who engages in a race in Smyth County VA between two or more vehicles on a highway is guilty of reckless driving. Racing can even be a felony if it causes serious bodily injury to another person who is not involved. The Smyth Judge can suspend driving privileges for as many as three years if convicted. In fact, you do not even have to be engaged in a race to violate this law. Any person who aids or abets a race can also be convicted of criminal misdemeanor reckless driving racing. Contact our top rated Smyth VA reckless driving attorneys to review your case.
The Jail Penalty is Real in Aggravated Smyth VA Reckless Driving Cases
Reckless driving is a criminal offense. With the exception of some racing cases, the offense is a class 1 misdemeanor. The maximum penalty is 12 months in jail. Most drivers charged with reckless driving will not see the inside of a jail cell even if convicted. That all changes if the Smyth County Commonwealth Attorney considers your case to be an aggravated reckless driving case and has set the matter for arraignment. At the arraignment, the Judge will advise the reckless driving motorist defendant of their constitutional right to hiring their own lawyer. Do not take any chances at this point. Retain a top rated Smyth VA reckless driving lawyer with the experience to present your best defense.
Smyth County VA Reckless Driving Reduced to Improper Driving
Improper Driving is a lesser offense of reckless driving. Improper driving is not a criminal misdemeanor. It is a minor traffic infraction. Va. Code § 46.2-869 gives the Smyth Judge the authority and discretion to find the defendant motorist not guilty of reckless driving and guilty of improper driving where the degree of culpability is slight. A conviction for improper driving is typically considered a win. The only thing that appears on the driving record is a conviction for improper driving. Improper Driving is a 3-point demerit point offense and stays on the Virginia driving record for 3 years. The maximum fine allowed by law is $500. Retain a top rated Smyth VA reckless driving lawyer to argue your case.
Driver Improvement Program For Smyth VA Reckless Driving Cases
A Driver Improvement Program is an educational course designed to improve the knowledge and driving skills of participants. One of the main purposes to complete such a program is to provide a pathway for our reckless driving clients to mitigate the consequences of their Smyth reckless driving case. Completing a program may assist our top rated Smyth reckless driving attorneys in convincing the Smyth Judge to dismiss or reduce the case. The duration of the Program can either be a 12 hour or an 8 hour course. The program has in person and online formats. Consult our experienced Smyth VA reckless driving lawyers to understand your options before you pursue a driver improvement program for your reckless driving case.
Smyth County Reckless Driving DISMISSED
SMYTH COUNTY Reckless Driving Dismissed
Our Smyth County VA reckless driving lawyers defended a client accused of reckless driving for driving fast. In this case, we developed defenses to the particular RADAR device used to calculate the speed evidence. A not guilty plea was entered and the trial commenced. We were able to effectively cross examine the deputy sheriff who operated the RADAR in this case and made the reckless driving allegation. We exposed the fact that the RADAR used in this particular case was not tested for accuracy with properly calibrated tuning forks, which is required by Va. Code 46.2-882. The Judge granted our motion to dismiss the case.
Smyth County VA Reckless Driving Lawyer Client Review
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7/23/2021 | Updated 9/29/2024
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