Key Takeaways on Virginia Reckless Driving
- Virginia defines reckless driving broadly, encompassing dangerous actions beyond just speeding, as outlined in VA Code § 46.2-852.
- Exceeding speed limits by significant margins (e.g., over 85 MPH or 20 MPH over the limit) is a specific form of reckless driving under VA Code § 46.2-862.
- A reckless driving conviction in Virginia is a Class 1 Misdemeanor, carrying severe penalties including potential jail time, hefty fines, and demerit points leading to license suspension.
- Effective defense strategies involve challenging evidence, proving lack of intent, or negotiating for lesser charges based on specific case facts.
- Seeking counsel from a knowledgeable Virginia attorney is crucial to navigate the complexities and protect your rights and driving record.
Understanding Virginia Reckless Driving Laws: Penalties & Defense Strategies
For over two decades, I’ve represented countless individuals facing serious traffic charges in Virginia, none more frequently misunderstood or impactful than reckless driving. In Virginia, reckless driving is not merely a traffic infraction; it is a criminal offense – a Class 1 Misdemeanor – that carries substantial penalties, including potential jail time, significant fines, and a damaging mark on your driving record. This distinction alone highlights the critical need for a robust defense.
My extensive experience in Virginia’s General District and Circuit Courts, alongside a thorough understanding of the Virginia Department of Motor Vehicles (DMV) regulations, has shown me that ignorance of the law is never a defense, but a strong legal strategy can make all the difference. This comprehensive guide aims to demystify Virginia’s reckless driving statutes, particularly VA Code § 46.2-852 and VA Code § 46.2-862, and provide a clear roadmap for anyone confronting these charges.
The Grave Consequences and High Stakes of a Reckless Driving Conviction
A conviction for reckless driving in Virginia carries serious and lasting repercussions that extend far beyond a simple traffic ticket, potentially impacting your freedom, finances, and future driving privileges.
In Virginia, reckless driving is classified as a Class 1 Misdemeanor under Virginia Code § 18.2-11. This means it is on par with offenses such as DUI, assault and battery, and petty larceny. The potential penalties are severe and are governed by Virginia Code § 18.2-11 (Punishment for misdemeanor) and Virginia Code § 18.2-10 (Punishment for felony), though reckless driving typically falls under the misdemeanor category unless it results in death or serious injury under specific circumstances.
- Jail Time: Up to 12 months in jail. While not every conviction results in incarceration, it is a very real possibility, especially for egregious offenses or repeat offenders.
- Fines: A fine of up to $2,500. This is a substantial financial burden that compounds the stress of the charge.
- License Suspension: Your driver’s license can be suspended for up to 6 months. For many, losing driving privileges can impact employment, family responsibilities, and overall quality of life. The Virginia Department of Motor Vehicles (DMV) also assigns 6 demerit points to your driving record, which can trigger additional administrative actions such as mandatory driver improvement clinics or further suspension if you accumulate too many points.
- Criminal Record: Unlike a speeding ticket, a reckless driving conviction results in a permanent criminal record. This can have far-reaching consequences for employment opportunities, professional licenses, security clearances, and even international travel. Many employers conduct background checks, and a criminal record, even for a misdemeanor, can be a significant impediment.
- Insurance Premiums: Expect a significant increase in your automobile insurance rates. Insurance companies view reckless driving as a high-risk indicator, leading to higher premiums for years to come.
From my perspective, having handled countless cases, the criminal record aspect is often the most overlooked by those initially charged. It is a permanent stain that can follow you. Understanding these severe stakes from the outset underscores why a proactive and robust defense is not just advisable, but absolutely essential.
Navigating the Legal Process: From Traffic Stop to Court Appearance
The legal process for reckless driving in Virginia begins with the initial traffic stop and can involve multiple stages, from arraignment to potential trial, often requiring interaction with local law enforcement, the Virginia General District Courts, and potentially the Virginia Department of Motor Vehicles (DMV).
Successfully navigating a reckless driving charge in Virginia requires a clear understanding of the procedural steps involved. As a seasoned attorney, I’ve guided clients through every stage, and I can assure you that preparation is key.
The Traffic Stop
Most reckless driving charges begin with a traffic stop by a Virginia State Police trooper, or a local police or sheriff’s department officer. The officer will typically explain the alleged violation, which might include aggressive driving, excessive speeding, or specific acts like passing a stopped school bus. This initial interaction is crucial. Anything you say can be used against you. While you must provide your license and registration, you are not obligated to answer incriminating questions. Politely declining to answer beyond basic identification is a fundamental right.
The Summons or Arrest
Depending on the severity of the alleged offense and the officer’s discretion, you may receive a summons (ticket) to appear in a Virginia General District Court, or you could be arrested. For very high speeds or other aggravating factors, an arrest is a definite possibility, particularly if the officer believes you pose a danger to others or yourself. The summons will specify the court date, time, and the specific Virginia Code section you are charged under, such as VA Code § 46.2-852 (general reckless driving) or VA Code § 46.2-862 (reckless driving by speed).
Initial Court Appearance (Arraignment)
Your first court appearance, often called an arraignment, is typically held in the General District Court of the county or city where the offense occurred. At this stage, you will be formally advised of the charges against you. You can plead guilty, not guilty, or no contest. In most reckless driving cases, especially when seeking a favorable outcome, pleading “not guilty” is the standard approach, allowing time to prepare a defense and potentially negotiate with the prosecutor. This is also where you or your attorney would request discovery – the evidence the prosecution intends to use against you.
Discovery and Investigation
Once a “not guilty” plea is entered, the process moves into the discovery phase. This involves gathering all relevant information about your case. This can include police reports, calibration records for speed-measuring devices (like radar or lidar), dash cam or body cam footage, witness statements, and any other evidence. As your legal counsel, my team and I would meticulously review every piece of evidence, looking for inconsistencies, procedural errors, or weaknesses in the prosecution’s case. We might also conduct our own investigation, revisit the scene, or consult with accident reconstructionists if necessary.
Negotiation and Pre-Trial Motions
Before trial, there’s often an opportunity for negotiation with the Commonwealth’s Attorney (prosecutor). Based on the evidence and the specifics of your case, we might discuss the possibility of reducing the charge to a less severe offense, such as improper driving (VA Code § 46.2-869) or a simple speeding ticket. This negotiation is a strategic process, leveraging any weaknesses identified in the prosecution’s case or mitigating factors from your side. If constitutional rights were violated or evidence was illegally obtained, pre-trial motions can be filed to suppress that evidence.
Trial
If a satisfactory resolution isn’t reached through negotiation, the case proceeds to trial. In Virginia General District Courts, trials are typically held before a judge, not a jury. Both the prosecution and the defense present their arguments, call witnesses, and introduce evidence. The officer who issued the summons will often testify. My role here is to present your case compellingly, cross-examine the prosecution’s witnesses, and argue for your innocence or for a lesser charge based on the law and facts.
Sentencing or Appeal
If you are convicted, the judge will determine the appropriate sentence based on Virginia law and the specifics of your case. If you are dissatisfied with the outcome in General District Court, you have an absolute right to appeal the conviction to the Virginia Circuit Court within 10 calendar days. An appeal to Circuit Court means a completely new trial, or “de novo,” before a Circuit Court judge, offering a fresh opportunity to present your case.
Understanding this process empowers you. Having seasoned legal counsel from Law Offices Of SRIS, P.C., by your side throughout these stages ensures your rights are protected and every avenue for a favorable outcome is explored.
The SRIS Virginia Reckless Driving Defense Checklist Tool
The SRIS Virginia Reckless Driving Defense Checklist is a practical, step-by-step guide designed to help individuals facing reckless driving charges in Virginia understand immediate actions and critical information to gather for their defense.
Facing a reckless driving charge can be overwhelming. To help you navigate the immediate aftermath and prepare for your defense, Law Offices Of SRIS, P.C. has developed the SRIS Virginia Reckless Driving Defense Checklist. This tool is not a substitute for legal counsel but serves as a vital first step in organizing your thoughts and gathering essential information for your legal team. My years of experience have taught me that a well-prepared client is often a client who achieves a better outcome.
Your Essential First Steps:
- Stay Calm and Do Not Admit Guilt: After being stopped, remain calm. Provide your license, registration, and insurance. Politely decline to answer any questions about the incident itself by stating, “I prefer not to answer questions without my attorney present.”
- Document Everything Immediately: As soon as it’s safe to do so after the stop, write down every detail you can recall:
- Date, time, and exact location of the stop.
- The officer’s name, badge number, and agency.
- What the officer said and did, and your responses.
- The specific VA Code section cited on your summons (e.g., VA Code § 46.2-852, VA Code § 46.2-862).
- Weather conditions, road conditions, traffic volume, and visibility.
- Any roadside tests performed (e.g., field sobriety tests, breathalyzer).
- Take Photos/Videos of the Scene: If possible and safe, return to the location and take photos or videos of road signs, speed limit signs, road markings, traffic patterns, and anything else relevant to the incident. This visual evidence can be incredibly valuable.
- Identify Potential Witnesses: Did anyone witness the stop or your driving? Obtain their contact information if they are willing to provide it.
- Locate Your Driving Record: Obtain a copy of your official Virginia DMV driving record. This will show your driving history, including previous convictions and demerit points. Your record can influence how the court views your case.
- Gather Vehicle Maintenance Records: If the charge involves mechanical issues (e.g., faulty brakes leading to a reckless charge), have maintenance records ready to show your vehicle was in good working order.
- Consult with an Attorney Promptly: The most crucial step. Contact a knowledgeable Virginia traffic defense attorney from Law Offices Of SRIS, P.C. as soon as possible. Do not wait until your court date. Early intervention can make a significant difference in the outcome of your case. Bring all the information you’ve gathered to your initial case assessment.
By using this checklist, you proactively assist your legal team and ensure that no critical piece of information is overlooked. This disciplined approach is a cornerstone of a strong defense.
Developing Effective Legal Strategies and Defenses
A strong defense against reckless driving charges in Virginia involves meticulously reviewing evidence, challenging the prosecution’s case, and presenting compelling arguments designed to mitigate penalties or secure an acquittal, leveraging decades of legal experience to craft a tailored strategy.
After more than 20 years dedicated to Virginia traffic law, I understand that no two reckless driving cases are identical. Each requires a tailored defense strategy built upon the unique facts and circumstances. The goal is always to minimize the impact on your life, whether through outright dismissal, reduction to a lesser offense, or a favorable sentencing outcome. Here are some of the key strategies my firm employs:
Challenging the Evidence
The foundation of many successful defenses lies in scrutinizing the prosecution’s evidence. For charges under VA Code § 46.2-862 (reckless driving by speed) or VA Code § 46.2-852 (general reckless driving), this often includes:
- Speed Measuring Device Calibration: If radar or lidar was used, we demand proof of proper calibration for the device on the day of the stop, and that the officer was certified to use it. Many cases have been significantly weakened or dismissed due to faulty calibration records or improper officer certification.
- Officer’s Pacing: If the officer estimated your speed by pacing, we scrutinize their speedometer’s calibration and their ability to maintain a consistent distance and speed while pacing.
- Visual Estimation: An officer’s visual estimation of speed alone is generally not sufficient for a conviction unless corroborated by other reliable evidence. We challenge the basis of such estimations.
- Dash Cam/Body Cam Footage: We meticulously review all available video footage. Often, these recordings can contradict the officer’s written report or provide mitigating context that wasn’t initially apparent.
Challenging the “Reckless” Element
For general reckless driving charges under VA Code § 46.2-852, the Commonwealth must prove that your driving endangered life, limb, or property. This requires more than just careless driving; it requires a showing of a “high degree of inattention” or a “willful and wanton disregard” for others’ safety. We argue that your actions, while perhaps negligent, did not rise to the level of criminal recklessness. Factors such as weather, road conditions, lighting, and unexpected hazards can all play a role in demonstrating that your actions were not intentionally reckless.
Mitigating Circumstances
Even if the core facts of the incident are undisputed, presenting mitigating circumstances can significantly influence the judge’s decision regarding sentencing or even persuade the prosecutor to reduce the charge. These can include:
- Excellent Driving Record: A clean or otherwise strong driving history can demonstrate that the current incident is an anomaly.
- Emergency Situation: If you were responding to a genuine emergency (e.g., medical emergency, family crisis), this can explain the urgency of your driving, though it is not a direct defense.
- Compliance with Court Requirements: Completing a driver improvement clinic or community service voluntarily before your court date can demonstrate remorse and a commitment to safe driving.
- Mechanical Issues: If a sudden mechanical failure (e.g., brakes failing) contributed to the incident, evidence of recent maintenance and the unexpected nature of the failure can be presented.
Negotiation and Plea Bargaining
In many cases, the most pragmatic approach is to negotiate with the prosecutor for a reduction of the charge. This could mean reducing reckless driving to improper driving (VA Code § 46.2-869), a minor speeding ticket, or even dismissal in exchange for completing a driver improvement course or community service. Improper driving is a traffic infraction, not a criminal misdemeanor, and carries far fewer demerit points and no jail time. Our standing relationships with prosecutors across Virginia, built on decades of professional interaction, often facilitate these discussions.
Right to Appeal (De Novo)
If the General District Court’s outcome is unfavorable, remember your absolute right to appeal to Circuit Court for a new trial (de novo). This provides a crucial second chance to present your case, often with additional evidence or a refined strategy. As a former prosecutor, I understand the nuances of both the prosecution and defense arguments, offering a unique advantage in these situations.
A comprehensive defense requires a deep understanding of Virginia law, courtroom procedures, and effective advocacy. My commitment at Law Offices Of SRIS, P.C., is to apply this knowledge to secure the best possible outcome for your specific situation.
Common Mistakes to Avoid When Charged with Reckless Driving
Individuals facing reckless driving charges in Virginia often make critical errors that can severely jeopardize their case, highlighting the importance of understanding the legal process and seeking seasoned legal guidance.
Having witnessed the pitfalls countless times, I can confidently say that many people inadvertently undermine their own defense when facing a reckless driving charge in Virginia. Avoiding these common mistakes is as crucial as building a strong defense strategy. Here are the most frequent missteps I’ve observed:
- Assuming It’s “Just a Traffic Ticket”: This is arguably the most dangerous misconception. Reckless driving is a Class 1 Misdemeanor, a criminal charge. It is not equivalent to a speeding ticket. Treating it lightly can lead to a criminal record, jail time, and license suspension, which could have been avoided with proper legal attention.
- Pleading Guilty Without Understanding Consequences: Many individuals, wanting to get it over with, simply show up to court and plead guilty without fully comprehending the long-term ramifications on their criminal record, insurance, and driving privileges. Always understand the full scope of a guilty plea.
- Talking Too Much to Law Enforcement: After being pulled over, people often feel compelled to explain or apologize. Any statements made can be used against you in court. It’s always best to be polite but firm: provide your license and registration, and state that you wish to speak with an attorney before answering questions.
- Not Gathering Evidence Promptly: Critical details fade, and physical evidence (like road conditions or sign visibility) changes. Failing to immediately document the scene, take photos, note weather conditions, or identify potential witnesses is a lost opportunity for your defense.
- Ignoring the Summons or Missing Court: Failing to appear in court on your scheduled date will result in a “Failure to Appear” charge, an additional Class 1 Misdemeanor, and a suspended license. This will only compound your legal troubles.
- Failing to Understand the Specific Statute: Reckless driving in Virginia isn’t just one thing. It’s defined by various sections, most commonly VA Code § 46.2-852 (general rule) and VA Code § 46.2-862 (exceeding speed limit). Understanding the specific statute you’re charged under is vital for tailoring a defense.
- Not Checking Radar/Lidar Calibration Records: For speeding-related reckless driving, the accuracy of the speed measuring device is paramount. Many individuals neglect to request or verify the calibration records, which can be a key point of defense.
- Trying to Handle It Alone: While it’s your right to represent yourself, navigating the complexities of criminal court, understanding legal procedures, challenging evidence, and negotiating with seasoned prosecutors is incredibly difficult for a layperson. The absence of a knowledgeable VA Statute 46.2‑862 lawyer can lead to significantly worse outcomes.
- Failing to Complete Defensive Driving Courses: In some cases, completing a Virginia DMV-approved driver improvement clinic *before* your court date can serve as a mitigating factor, demonstrating responsibility and a commitment to safe driving. Not doing so misses a potential opportunity.
- Underestimating the Impact on Professional Licenses or Security Clearances: For individuals in certain professions or those requiring security clearances, a criminal conviction—even a misdemeanor—can have devastating career implications. Many fail to consider this until it’s too late.
Avoiding these common errors requires discipline and, most importantly, the guidance of an experienced legal team. At Law Offices Of SRIS, P.C., we emphasize proactive steps and comprehensive preparation to help our clients steer clear of these pitfalls.
Glossary of Key Legal Terms
Understanding the specific legal terminology associated with reckless driving in Virginia is crucial for anyone facing these charges, empowering them to better comprehend the process and discussions with their legal counsel.
- Class 1 Misdemeanor:
- The most serious category of misdemeanor offenses in Virginia, carrying potential penalties of up to 12 months in jail and/or a fine of up to $2,500.
- Virginia Code § 46.2-852 (Reckless Driving; General Rule):
- The general statute defining reckless driving as operating a vehicle in a manner that endangers the life, limb, or property of any person, regardless of intent.
- Virginia Code § 46.2-862 (Exceeding Speed Limit):
- A specific statute defining reckless driving by speed, typically involving driving 20 MPH or more over the posted speed limit, or over 85 MPH regardless of the posted limit.
- Demerit Points:
- Points assigned by the Virginia Department of Motor Vehicles (DMV) for various traffic violations. Accumulating too many demerit points can lead to administrative license suspension and mandatory driver improvement clinics.
- Improper Driving (VA Code § 46.2-869):
- A lesser traffic infraction that a reckless driving charge may be reduced to. It carries fewer demerit points, a maximum fine of $500, and is not a criminal offense.
- Discovery:
- The legal process by which both the prosecution and defense gather evidence and information from each other before trial, including police reports, dash cam footage, and witness statements.
- De Novo Appeal:
- A new trial in a higher court (e.g., Circuit Court from General District Court) where the case is heard as if it had not been heard before, allowing for a fresh presentation of evidence and arguments.
Common Scenarios & Questions
Real-world scenarios demonstrate how specific actions can lead to reckless driving charges in Virginia and highlight the common questions individuals have regarding their unique circumstances.
My work as a Virginia reckless driving defense attorney often begins with a client explaining their specific situation, which almost always falls into a few common patterns. These scenarios, though varied, share the underlying anxiety of facing a serious charge. Here are a few examples that frequently cross my desk:
Scenario 1: The Out-of-State Driver Unaware of Virginia Laws
“I was driving through Virginia on I-95, just trying to keep up with traffic, and suddenly I was pulled over for going 88 MPH in a 65 MPH zone. I’m from New York and had no idea that speeding could be a criminal offense here. What do I do?”
This is a classic scenario. Many out-of-state drivers are caught off guard by Virginia’s aggressive stance on reckless driving by speed (VA Code § 46.2-862). In Virginia, anything over 85 MPH, or 20 MPH over the posted limit, is reckless driving, a Class 1 Misdemeanor. My advice would be to immediately secure a VA Statute 46.2‑862 lawyer. We would assess the case, examine the officer’s evidence, and explore options like negotiating for improper driving or even dismissal, often allowing the client to avoid a return trip to Virginia for court.
Scenario 2: The Aggressive Driver (General Reckless Driving)
“I admit I was frustrated by traffic. I might have cut off a few people and woven in and out of lanes. The officer pulled me over and said my driving endangered others. Can they really charge me with reckless driving just for that?”
Yes, absolutely. This falls under Virginia Code § 46.2-852, the general reckless driving statute. It covers a broad range of driving behaviors that a reasonable person would consider dangerous, even if no specific speed limit was exceeded. Examples include driving with faulty brakes, passing a stopped school bus, or aggressive lane changes. Proving this charge requires demonstrating a “willful or wanton disregard” for safety. We would examine the officer’s observations, any witness statements, and dash cam footage to challenge the “reckless” element or mitigate the severity of the alleged actions.
Scenario 3: The Accident-Involved Reckless Driving Charge
“I was involved in an accident, and now the police are saying I was driving recklessly. It was just an unfortunate mistake, not intentional. What does this mean for me?”
When an accident occurs, particularly one involving injuries or significant property damage, law enforcement often looks for underlying violations, and reckless driving is a common charge. While intent to cause an accident is not required, the manner of driving leading to the accident could be deemed reckless under VA Code § 46.2-852. My approach here would involve a thorough accident reconstruction review, interviewing witnesses, and challenging any assumptions made by the investigating officer. We would aim to demonstrate that the accident was a result of ordinary negligence, not criminal recklessness.
Scenario 4: Reckless Driving and CDL Holders
“I hold a Commercial Driver’s License (CDL), and I just got a reckless driving ticket. I heard this could end my career. Is that true?”
For CDL holders, a reckless driving conviction in Virginia can indeed be career-ending. Many traffic offenses, including reckless driving, can lead to immediate disqualification of your CDL or significant demerit points that impact your ability to operate commercially. The stakes are incredibly high. Our strategy would prioritize preventing a conviction or securing a reduction to a non-CDL disqualifying offense, understanding that your livelihood depends on the outcome.
Frequently Asked Questions About Reckless Driving in Virginia
Addressing the most common questions about Virginia’s reckless driving laws provides clear, authoritative answers, empowering individuals to make informed decisions about their legal defense.
Q1: Is reckless driving a criminal offense in Virginia?
Yes, absolutely. Unlike a simple speeding ticket, reckless driving in Virginia is a Class 1 Misdemeanor, making it a criminal offense. This means a conviction will result in a criminal record, which can have long-term consequences for employment, professional licenses, and even housing.
Q2: What is the difference between VA Code § 46.2-852 and § 46.2-862?
VA Code § 46.2-852 is the general reckless driving statute, covering any driving behavior that endangers life, limb, or property. VA Code § 46.2-862 specifically defines reckless driving by speed, typically involving driving 20 MPH or more over the posted limit, or over 85 MPH regardless of the posted limit.
Q3: What are the maximum penalties for reckless driving in Virginia?
The maximum penalties for a Class 1 Misdemeanor reckless driving conviction include up to 12 months in jail, a fine of up to $2,500, and/or a driver’s license suspension for up to 6 months. Additionally, 6 demerit points are assessed by the DMV.
Q4: Can I get jail time for my first reckless driving offense?
Yes, while not common for a first offense without aggravating factors, jail time is a statutory possibility. Factors like extremely high speed, involvement in an accident, or aggressive driving behavior significantly increase the likelihood of incarceration.
Q5: Will a reckless driving conviction affect my car insurance?
Yes, a reckless driving conviction will almost certainly cause a significant increase in your car insurance premiums. Insurance companies view this as a high-risk violation, which can lead to higher rates for several years.
Q6: Can a reckless driving charge be reduced to improper driving?
Yes, in many cases, a skilled attorney can negotiate with the prosecutor to have a reckless driving charge reduced to improper driving (Virginia Code § 46.2-869). Improper driving is a non-criminal traffic infraction with a maximum fine of $500 and only 3 demerit points, avoiding a criminal record.
Q7: Do I need a lawyer for a reckless driving charge in Virginia?
While you can represent yourself, it is highly advisable to retain a knowledgeable Virginia reckless driving attorney. The complexity of the law, the severity of the penalties, and the nuances of courtroom procedure make legal representation crucial for a favorable outcome.
Q8: What evidence can be used against me in a reckless driving case?
Evidence can include police officer testimony, radar/lidar readings, dash cam or body cam footage, accident reports, witness statements, and any statements you made to the police. Your attorney will review all discovery provided by the prosecution.
Q9: How do demerit points work, and how many will I get?
The Virginia DMV assigns 6 demerit points for a reckless driving conviction. Accumulating too many points within a certain timeframe can lead to administrative license suspension and mandatory driver improvement clinics. Points stay on your record for 11 years.
Q10: Can I appeal a reckless driving conviction from General District Court?
Yes, you have an absolute right to appeal a conviction from General District Court to the Circuit Court within 10 calendar days of the conviction. This means you will receive a new trial (de novo) in Circuit Court.
Q11: How long does a reckless driving charge stay on my record?
A reckless driving conviction remains on your criminal record permanently as a Class 1 Misdemeanor. On your driving record, the demerit points associated with it remain for 11 years.
Q12: What if I was charged with reckless driving due to an accident?
If you were involved in an accident that led to a reckless driving charge, the specifics of the accident and your driving behavior leading up to it will be central to the case. An attorney can help investigate the accident, challenge fault, and argue against the “reckless” element of the charge.
Q13: Can taking a driver improvement clinic help my case?
Yes, completing a Virginia DMV-approved driver improvement clinic before your court date can sometimes be seen as a mitigating factor by the judge, demonstrating responsibility and a commitment to safe driving. It is often recommended by attorneys.
Q14: What is “improper control” as it relates to reckless driving?
“Improper control” is one of the many ways reckless driving can be charged under VA Code § 46.2-852. It refers to operating a vehicle without due regard for its proper control or in a manner that endangers others, such as losing control on a curve, driving too fast for conditions, or failing to maintain proper lane position.
Q15: What is the role of a former prosecutor in defending reckless driving cases?
A former prosecutor brings invaluable insight into how the Commonwealth builds its cases, what evidence they prioritize, and what arguments are most persuasive to them. This unique perspective allows for a more strategic and often more effective defense, anticipating prosecutorial tactics and building a defense that directly addresses them.
Protect Your Future: Act Now
When facing a reckless driving charge in Virginia, the stakes are too high to leave your future to chance. As a seasoned attorney with decades of hands-on experience in Virginia courts, I can tell you that a proactive, knowledgeable defense is your strongest asset. Don’t let a momentary lapse define your driving record, your finances, or your freedom. The Law Offices Of SRIS, P.C., is ready to provide the unwavering legal counsel and aggressive representation you need. Call us today for a confidential case review at 888-437-7747 and let us put our experience to work for you.
Disclaimer: This article provides general information and is not intended as legal advice. Laws change, and the application of law to specific circumstances can vary. Always consult with a qualified attorney for advice tailored to your individual situation. Past results do not guarantee future outcomes.