![]() There are 11 other types of reckless driving in Virginia that are less commonly charged. This offense is commonly charged in traffic accident cases. § 46.2-853 of the Code of Virginia provides that a driver who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth is guilty of reckless driving pursuant to this section. Reckless Driving Based on Failure to Maintain Control or Faulty Brakes § 46.2-853 You will need to check with a lawyer in the jurisdiction you received your ticket to know how that jurisdiction handles these cases.ġ.3. In many jurisdictions you will be required to appear in court (or have a lawyer appear for you depending on local rules) or a warrant for your arrest may be issued for your failure to appear. Some possible factors that may impact your case are your driving record, the specific number of miles per hour over the threshold you were driving, and whether your speedometer was calibrated correctly.Ī ticket or charge for reckless driving based on speed cannot be prepaid. There are a number of different ways to handle these cases and many of the possible solutions will depend on the judge hearing your case in the specific locality you received the ticket. It is common for Officers to charge a driver with reckless driving even when they were going less than 20 mph but were over the 80 mph threshold. If you were driving at more than 20 mph over the speed limit or over 85 mph regardless of how many mph over the speed limit you were driving you may be found guilty of reckless driving based on speed. In Virginia the law provides for a criminal charge against persons driving at certain speeds over the speed limit. ![]() There are numerous serious legal issues that can arise from a car accident.ġ.2. ![]() In order to be convicted under this statute the driver must have been driving in a speed or manner that endangered the life, limb, or property of another person. Many drivers charged with Reckless Driving under § 46.2-852 are charged after being involved in a car accident where the officer deems the driver to be responsible. In Virginia, within the context of this statute, reckless means “a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property.” Powers v. Reckless driving under this statute is committed by someone who drives his/her 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” regardless of the posted speed limit. The main reckless driving statute in Virginia can be found in the Code of Virginia section 46.2-852. There are 14 different types of reckless driving in Virginia, but all of them qualify as a class 1 misdemeanor in Virginia. Do you need a lawyer for Reckless Driving? ![]() Your Trial in the General District Courtĥ. I also give an overview of some defenses that can be used in a Reckless Driving case, and address a few other commonly asked questions about Reckless Driving in Virginia.Ĥ.5. In this overview of Reckless Driving in Virginia I address the different types of Reckless Driving in Virginia, the consequences of a conviction, and whether you need a lawyer to represent you in court for this charge. ![]()
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