Brunswick

Reckless Driving Lawyer in Brunswick County, VA 

Brunswick county Va reckless driving

What is Brunswick County, VA Reckless Driving?

Brunswick County Virginia reckless driving is defined in Virginia law 46.2-862. Driving MORE THAN 85 mph is reckless driving OR driving 20 mph or more over the limit is also reckless driving by speed. The range of punishment for Brunswick, VA reckless driving is: 
  • fine up to $2500
  • license suspension up to 6 months
  • jail time up to 12 months (jail in Brunswick is usually reserved for higher speed cases)
  • permanent criminal record if you are found guilty
  • Reckless driving in Brunswick, Virginia is not a simple speeding ticket. 
    • Speeding is written under Virginia law section 46.2-870 thru 46.2-878. 
    • Brunswick, Virginia reckless driving by speed is a class 1 criminal misdemeanor and it is written under 46.2-862. 

Look at the LAW SECTION on your ticket. This will tell you if you are charged with a criminal misdemeanor OR if you are charged with a traffic infraction: 
  • 46.2-862 = CRIMINAL MISDEMEANOR
  • 46.2-870 through 46.2-878 = TRAFFIC INFRACTION
A criminal misdemeanor is permanent and it never goes away. It cannot be expunged and it shows up on background checks. The consequences can be severe. 

A traffic infraction will only involve points and insurance. It can still be costly, but traffic infractions don't have the same consequences as reckless driving misdemeanors.

Don’t Prepay Your Ticket

Prepaying your ticket (paying the fine before your court date) is pleading guilty to Reckless Driving. As you read above, this will come with several consequences. By hiring an attorney, or appearing in court yourself, you are given the opportunity to lessen or eliminate the consequences of your ticket.
TALK TO LOCAL BRUNSWICK TRAFFIC LAWYER TODAY

Avoid a Court Appearance in Brunswick

Many people are unavailable on their court date or uncomfortable with the taking on the whole process on their own. Many of my clients are from out of state which makes appearing in court a huge inconvenience. Therefore, one of the biggest advantages to hiring an attorney is avoiding the trip back to court. A lot of clients want to avoid coming to court due to the pressure of appearing in front of a judge to defend a misdemeanor. In this case, it makes sense to hire a lawyer who is familiar with the process to handle everything in your place.

Hiring a Local Brunswick Traffic Lawyer with Experience

Leavitt & Martin specialize in traffic cases in Brunswick General District Court and throughout the 6th judicial district. This includes Brunswick, Emporia, Sussex, Greensville, Prince George, Hopewell, Prince George, etc. We have personally handled THOUSANDS of reckless driving and speeding tickets in Brunswick and throughout the entire 6th judicial district. We see these judges SEVERAL times per week. As such, we are very familiar with the policies of both the judge and the court. I am able to honestly and fully inform potential clients as to what to expect and prepare their case in such a way that appeals to the particular judge.

We are local to Brunswick County, Virginia and we have an office in the adjacent county, very close to the courts. We are centrally located to all of the courts we regularly practice before, and we have maintained an office in the 6th judicial district since 2010. In addition, Mr. Leavitt served as president of a local bar association and was on the 6th Judicial Bench-Bar Committee for 2 years.

Defenses to Brunswick Reckless Driving

Potential clients tell me frequently, "I wasn't going that fast" or something similar. There are sometimes defenses to reckless driving in Brunswick. As a traffic attorney, the most common defenses I see are: 

  • Technicalities with the ticket itself
  • Errors on the Ticket
Tickets can be dismissed as a result of errors in the content of the summons. Errors such as a wrong offense date on the ticket can result in a dismissal. Additionally, sometimes an officer will write down an incorrect code section that results in a dismissal.

Radar calibration issues: 
  • Police officers, deputies and troopers are required to have their radar calibration certificate at trial. The certificate also must be an ORIGINAL or a true copy (certified copy). ORIGINAL or a true copy (certified copy).
If I ask the officer to present proof of his radar’s calibration and he/she:

  • Fails to have it
  • Has an expired Certificate of Calibration
  • Has a photocopy and not a true copy
The judge is supposed to dismiss the ticket under the Code of Virginia. I have been able to use this defense on several occasions. 

Inaccurate Speedometer: This is not a legal defense but it may be used to minimize what happens in your case. If my client believes they were not travelling the speed they were ticketed, I may recommend getting their speedometer calibrated. Speedometer can be inaccurate for a number of reasons:
  • Tires that are larger than factory tires
  • A new differential/transmission
  • Low or high tire pressure
  • Faulty, Damaged or Aged Components
Many auto shops will have the equipment required to calibrate a speedometer. Once calibrated, they will give you a certificate displaying how inaccurate your vehicle’s speedometer was before calibration. The certificates should contain a table comparing the displayed speed and the actual speed such as this:

Displayed 40 45 50 55 60 65
Actual 43 59 54 59 66 71

If the certificate shows that your vehicle’s speedometer reads a number lower than the vehicle is actually traveling (see chart), it can positively affect your trial. Virginia speedometer calibrations are different than other states. So make sure you get appropriate advice BEFORE trying to get your own "calibration." You may very well waste your time and money if you do that. 

Brunswick General District Court


Brunswick General District Court Address

Albertis S. Harrison Jr. Courthouse
202 North Main Street
Lawrenceville, VA 23868-1808


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