Reckless Driving in Virginia Beach: What to Expect
Reckless driving in Virginia is a criminal charge, not a simple traffic infraction. A conviction can affect your insurance, job prospects, and even security clearance. Here’s what to know.
A step-by-step guide from Cardon Law. This is general information, not legal advice. If you’ve been charged, speak with a local attorney about your specific facts.
Virginia Penalties for Reckless Driving
- Class 1 misdemeanor (criminal) with up to 12 months in jail and up to a $2,500 fine. Virginia Law
- Possible license suspension (often discretionary) up to 6 months; restricted privileges may be available in some cases. Virginia Law
- DMV impact: reckless driving is a 6-point offense and the conviction stays on your DMV record for 11 years. Virginia Department of Motor Vehicles
- Insurance: expect significant premium increases for years after a conviction.
Bottom line: penalties vary by speed/behavior, record, and court—preparation and advocacy matter.
What Driving Conduct Can Lead to a Reckless Charge?
- General reckless / endangering life, limb, or property (catch-all). Virginia Law
- Too fast for highway or traffic conditions (e.g., rain, snow, heavy traffic). Virginia Law
- Reckless by speed: 20+ mph over the limit or over 85 mph. Virginia Law
- Not under control / faulty brakes. Virginia Law
- Passing a stopped school bus (red lights flashing). Virginia Law
Defenses We Explore
- Speed device reliability: Was radar/LIDAR properly calibrated and operated?
- Identification / proof issues: Can speed/behavior be tied to your vehicle and you as the driver?
- Road/visibility conditions: Context can distinguish “reckless” from simple negligence.
- Negotiated outcomes: With strong mitigation and a clean record, reductions to lesser offenses can be possible.
What to Do Before Your Court Date
- Pull your driving record (certified copy).
- Complete a driver-improvement course (if advisable and not taken in the last two years).
- Speed cases: get a speedometer calibration from a certified shop (most dealerships don’t calibrate); if it was a rental, bring proof to show calibration wasn’t feasible.
- Mitigation packet: résumé, school transcripts, employer letters, community-service proof (on letterhead with hours/duties if the case is aggravated).
- Court etiquette: arrive early, dress respectfully (avoid shorts/jeans), no gum, and address the court properly.
Why Hire a Lawyer for Reckless Driving
- Local knowledge: Each judge/court has its own tendencies. A lawyer familiar with the jurisdiction can tailor mitigation and strategy.
- Pre-hearing insight: Counsel can speak with the officer before court to clarify evidence and potential issues.
- Witness work: Knowing what/how/when to question witnesses can make or break a case—and sometimes the best move is to ask nothing.
- Legal arguments: Experienced counsel evaluates whether the Commonwealth met every element and challenges weak proof.
- Appeals: If the result warrants it, your lawyer will explain appeal options to circuit court and whether it’s a smart move.
FAQ
Will I go to jail?
It’s possible. Jail exposure depends on speed/behavior, any injuries, and your record. Preparation and advocacy can significantly affect outcomes.
Can my reckless driving charge be reduced?
Possibly. Reductions/dismissals depend on the evidence and what you bring to court (record, calibration, classes, service, etc.).
Do I need a lawyer?
Yes. This is a criminal charge with real consequences (fines/costs, points, potential suspension, and possible jail). A lawyer seasoned in your court is important.
Talk to Cardon Law
For a free consultation, call: (757) 306-9060
or 24/7 direct to David A. Cardon: (757) 620-3283
