Manassas Reckless Driving Lawyer

What Constitutes as Reckless Driving in Virginia?

There is typically one of two circumstances that cause a person to be charged with violating Virginia's reckless driving law: (1) dangerous driving behavior, or (2) a motor vehicle accident. Some feel the broad language of the law permits it to be used by law enforcement as a catch-all offense capable of being charged in almost any circumstance.

The Law Section Reads as Follows:

• § 46.2-852. Reckless driving; general rule. Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

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Is Reckless Driving a Misdemeanor?

Reckless driving charges are serious and are considered a Class 1 Misdemeanor in Virginia . Class 1 misdemeanors in Virginia are punishable by a maximum penalty of up to 12 months in jail and/or a fine of $2,500.00. Additionally, a conviction for reckless driving in Virginia could result in a suspension of your license for up to six months. Furthermore, the Virginia DMV assesses six (6) points for a reckless driving conviction and it stays on your driver’s record for eleven (11) years and on a criminal record remains for the rest of your life.

What Is Considered Reckless Driving?

As the title of the law denotes, this law prohibits the reckless operation of a motor vehicle. This reckless operation can be speed, driving behavior, or a combination thereof, any of which endangers the life, limb, or property of another person. The focus of this law is the manner of operation. In fact, the term “Recklessly” has been defined by Virginia Appellant Courts as a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property.

An Example of Reckless Driving Would Be:

• A vehicle traveling at a high rate of speed, changing lanes without signaling and in close proximity to other vehicles, and essentially weaving in and out of traffic
• In this situation, the speed and manner of operation are endangering the other drivers on the road and there is a high probability that the driving behavior could result in injury to another

However, this example is not always the case. What about the driver who crosses into the shoulder 100 feet before the place where the exit begins? Is he guilty of reckless driving? Many might say yes but others will say no. However, it depends on a variety of other factors. Traffic conditions, weather conditions, road impediments, speed, etc.

Are Accidents Considered Reckless Driving?

Almost any motor vehicle accident, from the most severe to the most minor, may end up with a reckless driving charge. This is particularly true when the state police is the investigating agency. But remember, the mere happening of an accident does not give rise to any inference of reckless driving. In fact, reckless driving should not be considered a status offense by the Virginia court, and a conviction can not be premised upon “speculation and conjecture as to what caused the accident.”

While most people will agree, absent circumstances that rise to the level articulated in the foregoing section, a simple accident will not result in a conviction of reckless driving in Virginia but that premise may not be taken for granted. Depending on a variety of factors, including the statements made by the driver at the time of the accident, a judge may find beyond a reasonable doubt that you are guilty of reckless driving.

Why You Should Hire A Criminal Defense Attorney

An experienced criminal defense attorney focusing on traffic law can help you navigate Virginia courts to avoid a conviction of reckless driving. Regardless of whether you feel the charge is just or not, a Manassas reckless driving attorney can help keep you from being convicted of reckless driving. Because this offense is so serious and classified as criminal, consulting with an experienced traffic lawyer is critical to protect yourself, your driving record, and your livelihood.

Don’t just accept these charges without a fight. Call Dischley Law, PLLC today at (703) 215-9337to schedule a free initial consultation with our Manassas reckless driving lawyers.