VIRGINIA RECKLESS DRIVING, DWI/DUI, SPEEDING AND TRAFFIC ATTORNEYS
Top Rated Lawyer for Reckless Driving in Virginia, Speeding, DUI, and Traffic Attorneys
Leavitt & Martin Virginia Traffic Attorneys
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VIRGINIA RECKLESS DRIVING
RECKLESS DRIVING INFOAt Leavitt & Martin, we work to get every case dismissed or reduced. We are Virginia traffic lawyers who specialize in reckless driving, speeding, DUI, and other traffic tickets.
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VIRGINIA SPEEDING TICKET
SPEEDING TICKET INFOSpeeding tickets frequently increase insurance rates $1000-3000. Leavitt & Martin know how to get the best results for each case, because we specialize in trafffic law.
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VIRGINIA DUI/DWI LAWYER
DUI/DWI INFOVirginia DUI laws are complicated. At Leavitt & Martin, we will fully review your case for any legal defenses. See our recent DUI cases that were reduced.
Leavitt & Martin Solve Virginia Traffic Problems
Reckless driving, DUI, speeding tickets and other traffic misdemeanors can have serious consequences. Leavitt & Martin specialize in Virginia traffic law. We know how to get the best results.
Reckless Driving in Virginia
Virginia code 46.2-862 makes Virginia reckless driving a class 1 criminal misdemeanor. If convicted, it is:
- a permanent criminal misdemeanor
- never goes away and cannot be expunged
- fine up to $2500
- license suspension up to 6 months
- jail time up to one year
- usually jail is reserved for higher speeds or bad driving records
- often employment issues
- rental companies will frequently REFUSE renting cars if you have reckless driving on your record
- average insurance increase is $3000-10000 for insurance companies
Virginia DUI/DWI
Virginia DUI/DWI charges are serious. Depending on the facts of your case the charge can carry:
- jail time up to one year
- license suspension up to 12 month
- ignition interlock for six months
- mandatory fine of $250
- referral to VASAP
- employment consequences
Virginia Speeding Tickets
Virginia speeding tickets can involve the following:
- possible license suspension
- fine up to $250
- insurance increases
- average insurance increase is $1000-3000
- points on your driving record
- makes your driving record look bad if you get a ticket in the future
- employment consequences
What is Reckless Driving in VA?
What is considered reckless driving in Virginia? Reckless driving
in VA is found in code section 46.2-862. Virginia code defines reckless driving by speed in Virginia to be anything:
- OVER 85 MPH, OR
- ANYTHING 20 MPH OR MORE OVER THE LIMIT REGARDLESS OF SPEED ZONE
Therefore, you are GUILTY of reckless driving by speed for driving over 80 mph or 20 mph or more over the speed limit.
EXAMPLES OF VIRGINIA RECKLESS DRIVING BY SPEED:
- Driving 86 mph in a 70
- Driving 80 mph in a 60
- Driving 45 mph in a 25
- Driving 87 mph in a 70
Reckless driving by speed is classified as a class 1 criminal misdemeanor. That means that if you are found guilty, you are left with a PERMANENT criminal record. This criminal record never goes away and it cannot be expunged under Virginia law. Here are some consequences and penalties for Virginia reckless driving:
- class 1 criminal misdemeanor
- leaves you with a permanent criminal record
- shows up on your background check for employers
- employment consequences
- we take calls when job offers are withdrawn or rescinded because this shows up
- security clearance issues
- military
- top secret security clearance this shows up and can impede your ability to keep and maintain your security clearance
- fine up to $2500
- jail time up to one year (usually even the toughest judges do not give jail until you reach 90 mph or 30 mph or more over the limit)
- Nurses, doctors, law students, financial services, teachers: anyone subject to a background check
Locations We Service for Virginia Reckless Driving
Virginia Reckless Driving Lawyer Helps With Va Tickets
What can a Virginia reckless driving lawyer
do for me? As you will see, reckless driving speeding is not a speeding ticket. The penalties are much more severe and the consequences are lifelong. Leavitt & Martin specializes is reckless driving cases. We are experienced Virginia reckless driving lawyers, and we can guide you through the process from start to finish. We maintain an excellent record of success for Virginia reckless driving by speed cases and other Virginia reckless driving tickets.
What is Considered Reckless Driving in Va?
Reckless driving in VA is a class 1 criminal misdemeanor. The state of Virginia Code 46.2-862 defines reckless driving by speed as driving EITHER in excess of 85 mph OR driving 20 mph or more over the speed limit. Therefore you are guilty of misdemeanor reckless driving for driving just 16 mph over the speed limit when the speed limit is 70 mph.
Virginia reckless driving is punished as follows:
fine up to $2500
license suspension up to 6 months
jail sentence up to one year
permanent criminal record if convicted
Reckless Driving in Virginia First Offense Penalties
Virginia law makes no distinction between a first offense and a second offense reckless driving charge. Reckless driving in Virginia first offense penalties are the same as a second offense. That means it is a criminal misdemeanor and if you are found guilty you get a permanent criminal record.
In addition, there is a fine up to $2500, a license suspension up to one year, and a jail sentence up to one year. Virginia judges do consider your driving record on sentencing. So a prior reckless driving charge would certainly make a reckless driving by speed in VA case more difficult. However, the range of punishment is the same.
First offense reckless driving is still a class 1 criminal misdemeanor.
Virginia Reckless Driving Code and Law
Virginia reckless driving code is usually 46.2-862. That is the reckless driving by speed law. Reckless driving in VA is defined as driving EITHER:
- Driving in excess of 85 mph, OR
- Driving 20 mph or more over the speed limit
Therefore, doing 80 in a 60 is reckless driving and not speeding. Driving 86 mph is also reckless driving. Yes, it is a criminal misdemeanor to drive 86 mph in a 70. It is not a traffic infraction in Virginia. It is a criminal misdemeanor.
Virginia Reckless Driving Ticket Cost and Fine
What does a Virginia reckless driving ticket cost? What is the average fine? Unlike simple speeding, Virginia reckless driving is not a traffic infraction. It is a criminal misdemeanor. Reckless driving in VA is not on the list of prepayable offenses. Some courts will waive your appearance. If they do this, they are FINDING YOU GUILTY of a criminal misdemeanor and everything that goes with it. Many states will suspend your drivers license if you do not get your ticket reduced. Connecticut, Michigan, etc. all suspend your license for reckless driving automatically.
The true cost of a Virginia reckless driving ticket will be the fine and court costs, plus additional costs (loss of job, security clearance, insurance premium increases, license suspension). You will also have the cost of a reckless driving lawyer if you choose to contest the ticket.
Virginia Reckless Driving Accident Attorneys
Va. Code 46.2-852
is considered reckless driving generally. When people think of Virginia reckless driving, this is what they think of. Reckless driving in VA is driving that endangers life, limb, or property. However, something as simple as spinning your tires can be considered reckless driving. Police and law enforcement frequently charge accidents under this law.
46.2-853
is failure to maintain proper control of your vehicle. Many police officers will write misdemeanor reckless driving for any accident. However, the mere happening of an accident is NOT enough for a court to find you guilty of reckless driving.
Leavitt & Martin specialize in reckless driving in VA. Accident cases are frequently charged as reckless driving. We can often get these cases dismissed or reduced. As attorneys who specialize in traffic law, we know how to handle reckless driving accident cases.
Other Virginia Reckless Driving Laws
- 46.2-854 Passing on a grade or on a curve
- 46.2-855 Driving with View obstructed
- 46.2-856 Passing two vehicles abreast
- 46.2-857 Driving two abreast in a single lane
- 46.2-858 Passing at a railroad grade crossing
- 46.2-859 Passing a stopped school bus
- 46.2-860 Failing to give proper signals
- 46.2-861 Driving too fast for conditions
- 46.2-863 Failure to yield
- 46.2-864 Recklessness on parking lots, etc
- 46.2-865 Racing
- 46.2-865.1 Racing penalties
- 46.2-866 Racing; aiders or abettors
- 46.2-867 Racing; seizure of motor vehicle
- 46.2-868.1 Aggressive Driving
Reckless Driving in Virginia for Out of State Drivers
Out of state drivers who get a reckless driving charge in Virginia often have INCREASED penalties and complications. Simply driving 16 mph over the speed limit is a criminal misdemeanor IF you were driving 86 mph in a 70.
The penalties for a criminal misdemeanor gets reported to your home state. You can often get the charge reduced. However, if you think that 86 in a 70 is not a big deal then you are mistaken. We take phone calls ALL THE TIME from people out of state who did not properly address their misdemeanor charge. The consequences are usually:
- employment related: lost job or job offer withdrawn even ten plus years after a conviction
- insurance related: rates increasing thousands of dollars
- or getting dropped from coverage
- background check related
- military
- nurses
- anyone subject to a criminal background check
- license suspension
- this frequently happens for out of state drivers
- many states have an AUTOMATIC license suspension for reckless driving, which is all your home state sees
Defenses to Virginia Reckless Speeding
Defenses to Virginia reckless driving are pretty technical. The following circumstances are NOT legal defenses:
- "I had to use the bathroom."
- "I sped up to pass a dangerous vehicle/truck."
- "I thought I was going 75."
- "I was on my way to a funeral."
- "I'm in the military/doctor/law enforcement/nurse and this will greatly impact me so I cannot be found guilty."
None of these commonly used excuses for speeding is an actual legal defense and has nothing to do with whether you are guilty or not. The closest one is "I thought I was going at a lower speed" and it is backed up by a true calibration under Virginia law. Even that is used mostly for mitigation because knowledge or intent is not required for reckless speeding.
So what are true legal defenses to reckless driving in VA?
- Radar/LIDAR calibration defenses
- serious errors on the Virginia uniform summons
- most minor errors won't matter
- major errors are date of the offense, day of the week, or other major error
- evidentiary issues such as
- officer gets fired or leaves the police force and won't come to court
- sometimes the officer clocks the wrong vehicle, but this can be difficult to prove
About Leavitt & Martin
Daniel Leavitt & Corey Martin personally handle our own cases. We believe in reducing the barriers between our clients and us. The fewer communication barriers the better.
Daniel Leavitt and Corey Martin have handled over 5,000 cases of Virginia reckless driving, speeding, DUI, and traffic tickets. We have over 18 years of combined legal experience, and our client reviews support the approach that we take.
Honest representation, and straightforward answers. We will provide you with an honest evaluation of your case. Nation Trial Lawyers Top 100 Trial Lawyers, A+ Rated with the Better Business Bureau.
Testimonials
Mr. Leavitt got my DUI reduced to reckless driving, and my speeding ticket dismissed. It was clear that he knows traffic law, and he was able to get a great result! Would highly recommend!
Caralynn W.DUI and Speeding
"This guy is the real deal! Unfortunately I've had my fair share of speeding tickets over the years. I've ALWAYS gotten an attorney instead of just pleading guilty. I've never had an interaction like the one I had with Dan. He contacted me back from my original request for information within minutes, on a Saturday night of all times. He told me what I could expect (which was more than satisfactory) and before the end of the night I had already lined him up to represent me. He did exactly what he said he would do, got the result he said he expected to get and I couldn't be any happier. Getting a good lawyer is one thing, but getting a good lawyer that won't make you communicate through the firm's paralegal is just a rarity anymore. Extremely pleased!!!"
Jon W.Reckless Driving Client
“The best traffic lawyers! I had two reckless driving charges and they got one case dismissed and the other one no points. One was a high speed charge, and Daniel Leavitt and Corey Martin did a fantastic job. Any time I needed anything they were always available, and I called and emailed a lot. For the level of service they provide their fees were very reasonable. And they are top notch."