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Reckless Driving Charge After Failing To Give A Proper Signal

Failing to give a proper signal may seem like an innocent mistake. Unfortunately, in Virginia, misuse of a turn signal is a serious offense that can lead to reckless driving charges. Those found guilty of reckless driving in the state may face jail time, fines, and other consequences. Through a strategic legal defense, however, it is possible to defend your rights and have these charges reduced or dismissed entirely. To learn more about how the team of experienced attorneys at Driving Defense Law can help you, consider contacting our office at (757) 929-0335 today. 

What Is Reckless Driving in Virginia?

Virginia law sets forth a list of different offenses that can be charged as reckless driving in the state. All of these offenses share one similar element: endangering the life and safety of others on the road. In Virginia, there are several ways a person can be found guilty of reckless driving, including:

  • Excessive speed, such as driving 20 miles per hour over the speed limit or driving 85 miles per hour or more, regardless of the posted speed limit.
  • Failing to yield right-of-way and failing to slow down when approaching stationary vehicles displaying warning lights on highways
  • Driving too fast for traffic and road conditions
  • Road racing.
  • Passing two vehicles abreast, passing at a railroad crossing, and passing on a curve or at the crest of a grade.
  • Failing to give a proper signal.

These are merely some of the circumstances that can lead to reckless driving charges, as established by Virginia Code § 46.2-853-869. Reckless driving is a serious offense in the state and carries harsher penalties than simple traffic infractions.

What Does the Law Say About Failing to Give a Proper Signal? 

According to the Code of Virginia § 46.2-848, any driver who intends to back, stop, or turn must give signal to other drivers on the road who may be affected by their movement. This is a requirement under the law, meaning if you fail to signal your intention to move, you may receive a moving violation. Based on information found in the Virginia Driver’s Manual, you should signal at least 100 feet before you back, stop, or turn to give other drivers adequate time to respond. 

Section 46.2-860 of the Virginia Code establishes that drivers who fail to properly signal their intended movements can be found guilty of reckless driving. Regardless of whether you simply forgot to signal, did not break any other traffic laws, or did not hurt anyone as a result, you can still be charged with reckless driving if you fail to give a proper signal. 

What Are the Penalties of a Reckless Driving Charge?

Reckless driving is a Class 1 misdemeanor in Virginia, meaning that a person found guilty of reckless driving will face severe consequences that can impact their freedom greatly. In Virginia, reckless driving is punishable by: 

  • One year in jail 
  • $2,500 in fines
  • Probation
  • Suspension or revocation of your license
  • 6 demerit points on your license

These stringent punishments are in addition to other consequences such as increased insurance rates, reduced employment opportunities, and the creation of a criminal record. Having a criminal record can impact several areas of your life, including your ability to secure employment, take out loans and mortgages, rent or lease an apartment, and gain admission to universities. 

While failing to give a proper signal may seem innocent, this offense carries serious penalties that can have a long-lasting impact on your life. For this reason, it is important to retain effective legal representation as soon as you are charged with reckless driving in Virginia. Without an attorney advocating for your rights, you may be left vulnerable to exorbitant penalties for a seemingly simple offense. 

What Are the Possible Legal Defenses for Reckless Driving Charges? 

Like any other charge, reckless driving is defendable through a variety of strategies. At Driving Defense Law, the approach we take to defend against your charges will depend on a range of factors, including:

  • The facts of your case. Every case is different, and we will evaluate the facts of your case to determine our strategy in reducing or dismissing your charges. Did you fail to signal because you were trying to avoid colliding with another driver? It is possible that you signaled, but the officer was unable to see due to their position or poor weather conditions? Were you unaware that your signal fuses went bad? In some cases, a reckless driving charge can be reduced to an improper driving infraction, which carries a maximum penalty of $500 in fines.
  • Your prior driving history. If you have a history of good driving, this may be leveraged to reduce or dismiss your charges. 
  • The evidence available to support your case. We work diligently to identify and compile all relevant evidence that may support your case. If we are able to build a strong enough case supported by objective evidence, we may be able to have your charges dropped. We may use witness testimony, surveillance camera footage, or police dash cam footage to this extent. 
  • Jurisdiction: the court that has authority over your case plays a major role in the outcome of your charges. We are closely familiar with the courts of Virginia Beach, Norfolk, Chesapeake, Suffolk, and Portsmouth, and have built relationships with the judges and prosecutors working in these court systems. This gives us an advantage when negotiating your charges and resolving your case as quickly and efficiently as possible. 

Having a misdemeanor conviction on your record for failing to give proper signal is unfortunate and avoidable through an effective legal defense strategy. If you are facing charges for reckless driving, consider speaking with an experienced attorney as soon as possible to mitigate the consequences of these charges and ensure that your rights are protected. 

Protect Your Rights with Driving Defense Law Today

Many Virginia drivers are not aware that failing to give proper signal on the roads is a criminal offense until it is too late. If you have been charged with reckless driving, consider contacting an experienced attorney at Driving Defense Law to begin building your legal defense. Our team has the knowledge and expertise necessary to navigate your case and successfully reduce or dismiss your charges. To learn more about how we can protect your rights, consider scheduling a free case evaluation with us at (757) 929-0335 today. 

How Effective Legal Representation Can Help Reduce Reckless Driving Charges

Reckless driving is a serious offense in Virginia. Being convicted with reckless driving can lead to jail time, steep fines, and a criminal record that can stay with you for life. You may have your license suspended or revoked, and face higher insurance rates as a result of your charges. When it comes to reckless driving charges, the stakes are high. For this reason, more and more Virginia drivers are seeking effective legal representation in reckless driving cases to have their charges reduced or dismissed. 

At Driving Defense Law, we help our clients build a strong defense and protect their rights at every step of a reckless driving case. Through our representation, we have successfully resolved countless reckless driving cases by reducing the charges, negotiating a plea deal, or having the charges dismissed entirely. If you are facing reckless driving charges in Virginia, you have options to challenge these charges and avoid a criminal conviction. To learn more about how our team can help, consider connecting with us at (757) 929-0335 today. 

What Is Reckless Driving in Virginia?

Any person who drives a vehicle recklessly or in a manner that endangers the safety of others can be charged with reckless driving. Article 7 of the Code of Virginia provides for over a dozen different ways that a person can be charged with reckless driving, which include excessive speed, driving too fast for road conditions, passing a stopped school bus, road racing, and failing to use a proper signal, among others. Unlike other moving violations like minor speeding tickets, reckless driving is a Class 1 misdemeanor charge. As such, there are stringent penalties that accompany a reckless driving charge in Virginia. 

What Are the Penalties of Reckless Driving Charges? 

Broadly speaking, all criminal offenses are categorized into one of three classifications: infractions, misdemeanors, or felonies. Infractions are the least serious offenses, such as speeding tickets or failure to yield, for example. Misdemeanors are more serious than infractions but less serious than felonies. 

Reckless driving is a misdemeanor charge, meaning it carries more severe penalties than a simple speeding ticket or other traffic infraction. The maximum penalties of reckless driving charges include: 

  • Up to one year in jail 
  • $2,500 in fines
  • Suspension or revocation of license
  • Probation

Moreover, if you are convicted of reckless driving in Virginia, it will create a criminal record. Your criminal record can be seen by potential employers, creditors, and leasing agents, for instance. This underscores the gravity of these charges, as a reckless driving conviction can have a long-lasting effect on several areas of your life, from employment to housing to your ability to purchase a vehicle. 

Since misdemeanor offenses can result in jail time, those charged with reckless driving have the right to appear before a judge and a jury. With so much at stake, many people seek assistance from experienced attorneys to help navigate the trial and reduce their reckless driving charges. Ultimately, having legal representation in reckless driving cases can make all the difference in the outcome of the case. 

What Are the Benefits of Having Legal Representation in Reckless Driving Cases?

It may not be immediately obvious, but you do have options for fighting a reckless driving charge even in situations where you believe you were guilty. The first step to fighting your charges is to identify a knowledgeable attorney to represent you in court. Hiring an attorney can be the most important investment you make into your future, allowing you to avoid jail time and a criminal record. The following are some of the key advantages of having legal representation in reckless driving cases. 

Building a Strong Legal Defense 

Defending your rights in court is essential in reckless driving cases, and your attorney will work diligently to build the strongest legal defense for your case. There are a range of defenses that your attorney can use to challenge your charges, including speedometer calibration, inaccurate radar or lidar reading, and lack of probable cause, to name a few. Your attorney will review the facts of your case to choose the right legal defense strategy to have your charges reduced or dismissed altogether. 

Reducing Your Charges

Since reckless driving is a misdemeanor offense, reducing the charges to a minor infraction is integral to avoiding jail time, expensive financial penalties, and a criminal record. Negotiating your charges to a lesser offense, such as careless driving, may be helpful to this extent. Other strategies such as reaching an agreement with the police officer, attending a driver improvement clinic, or completing community service may be sufficient to having your charges reduced by the court. 

Avoiding Court Hearings

When you are charged with reckless driving in Virginia, you are required to attend a court hearing for your case. When you hire legal representation in reckless driving cases, your attorney may be able to appear in court on your behalf, ensuring that you do not need to miss work and lose wages.  

Accessing Necessary Resources

When you hire a Driving Defense Lawyer, your attorney will develop a personalized plan following your initial consultation. While our team will guide you through this process step-by-step, we are proud to offer additional resources that may be helpful to our clients. These resources include information about driver’s safety school, community service opportunities, the local court system, and other educational content to help make the process as transparent as possible. 

Speak with an Experienced Attorney at Driving Defense Law Today

If you are facing reckless driving charges, you may feel intimidated and unsure of your options. Being charged with a criminal offense is never easy, and we understand the gravity of the situation. Driving Defense Law was established to serve Virginia drivers who are facing criminal charges for reckless driving. We are dedicated to providing effective legal representation in reckless driving cases and working tirelessly to defend our clients’ rights. To begin building your legal defense today, consider calling or texting us at (757) 929-0335 to schedule your free case evaluation with our team. 

Examples of Reckless Driving in Virginia

Reckless driving is considered a serious criminal offense in Virginia, punishable by jail time, steep fines, and other long-lasting consequences. If you have been charged with reckless driving in Virginia, there are options available to protect your rights and reduce or dismiss your charges. At Driving Defense Law, we advocate for Virginia drivers who have been charged with reckless driving. Our team of experienced attorneys understand how to leverage proven defense strategies to successfully resolve your reckless driving charges. To learn more, consider contacting our office at (757) 929-0335 today. 

What Are the Reckless Driving Laws in Virginia?

While the majority of states have reckless driving laws to hold drivers’ liable for aggressive behavior on the roadways and disregard of others’ safety, Virginia’s laws vary in several ways. In Virginia, there are over fifteen different ways that a person can be found guilty of reckless driving, including speeding. If you are driving on Virginia roads, it is important to understand what behaviors can result in a reckless driving charge in the state. When it comes to the reckless driving laws in Virginia, here is what you should know. 

Reckless Driving & The Virginia Code

According to the Virginia Code § 46.2-852, in general, a person can be charged with reckless driving when they drive a vehicle in a manner that endangers the life, limb, or property of another individual. As this is a vague standard, Virginia law provides for several actions that can lead to reckless driving charges in Virginia Code § 46.2-853-869

  • Operating a vehicle which is not properly controlled, or which has inadequate brakes. 
  • Overtaking another vehicle on a curve or when approaching the steepest point of an inclined road on a highway, except when there are two designated lanes for each direction of travel or on a designated one-way road or highway.
  • Driving a vehicle with an obstructed view or impaired control.
  • Passing two vehicles that are driving side-by-side on a roadway. This does not apply if one or both of the vehicles is a bicycle or moped.
  • Driving your vehicle side-by-side with another car in the same lane. Also known as driving two abreast in a single lane, it is illegal to share a single lane side-by-side with another vehicle. This does not apply to motorcycles. 
  • Overtaking within a railroad grade crossing.
  • Failing to stop for a stopped school bus. According to Virginia law, drivers must stop when approaching a school bus that is stopped to load or unload passengers, and failing to do so can be charged as reckless driving.
  • Improper use of turn signals. Failing to give timely and adequate turn signals is a criminal offense in Virginia.
  • Driving too fast for road or traffic conditions.
  • Failing to yield to or slow down when approaching stationary vehicles that are displaying flashing lights.
  • Speeding in an excess of 20 miles per hour over the speed limit or speeding at 85 miles per hour, regardless of speed limit.
  • Failing to yield right-of-way.
  • Operating a vehicle in a way that endangers others in a parking lot.
  • Engaging in a road race on any highway, roadway, or driveway that is open to the public.
  • Aiding and abetting a race.

Clearly, there are a multitude of circumstances that constitute reckless driving in Virginia. Those found guilty of reckless driving face serious consequences, as this charge is considered a criminal offense in the state. This underscores the importance of understanding how reckless driving is handled in Virginia and how to successfully challenge these charges. 

What Are the Consequences of Reckless Driving in Virginia? 

Reckless driving is a class 1 misdemeanor in Virginia, meaning it carries more severe penalties compared to a minor traffic infraction. If you are found guilty of reckless driving, you may face the following consequences: 

  • One year in jail 
  • $2,500 in fines
  • License suspension or revocation
  • Probation
  • Six demerit points on your license
  • Increased insurance rates
  • Creation of a criminal record

The court will look at the nature of the crime when determining penalties for a reckless driving charge. For instance, Virginia Code § 46.2-861.1 sets forth the penalties for failing to yield right-of-way or reduce speed when approaching a stationary vehicle. If your reckless driving caused damage to the property of another person, you may not be able to operate a vehicle for up to one year. Moreover, according to Virginia Code § 46.2-865.1, if you injured another person or caused the death of another while engaging in a race, you may be charged with a felony. 

How Can You Defend Against a Reckless Driving Charge in Virginia?

If you were charged with reckless driving in Virginia, it is important to seek effective legal representation as soon as possible. Since reckless driving is a misdemeanor offense, a tailored legal strategy must be crafted to defend your rights and reduce your charges. Depending on the unique circumstances of your case, an experienced attorney at Driving Defense Law may be able to reduce your reckless driving misdemeanor to a mere infraction for careless driving

This is an ideal scenario for those facing reckless driving charges, as careless driving is punishable by a fine of no more than $500. In other words, if your attorney is able to negotiate your charge down to a careless driving infraction, you can avoid jail time, a criminal record, and the other consequences of a class 1 misdemeanor offense. 

Your attorney may also be able to reduce your charges through plea bargaining, which involves negotiating an agreement with the court. For instance, the court may agree to reduce your charges as long as you agree to complete driver’s safety school or community service. 

Finally, your attorney may be able to effectively dismiss the charges altogether by asserting that your speedometer was not correctly calibrated, that the police radar or lidar gun produced an inaccurate reading, or that the validity of stop was questionable. 

How Can an Experienced Attorney at Driving Defense Law Help Reduce or Dismiss Your Reckless Driving Charges?

Reckless driving in Virginia is a serious crime, it is important to act quickly to begin building your legal defense. Having a misdemeanor charge on your criminal record can have a detrimental impact on your life, your freedom, and your ability to secure employment or housing in the future. An experienced attorney at Driving Defense Law will thoroughly review your case, determine the right solution to reduce or dismiss your charges, and guide you through every step of the process. To begin your free case evaluation with our team, consider contacting us at (757) 929-0335 today. 

Don’t Plead Guilty! How to Beat a Reckless Driving Charge

In Virginia, criminal citations for reckless driving are far more serious than a simple traffic ticket. Reckless driving, unlike other traffic violations, is a criminal offense in the state of Virginia. Individuals who are convicted of reckless driving can face jail time, steep fines, license suspension, and other consequences that impact their life, their finances, and their freedom. For this reason, more and more Virginia drivers are turning to experienced attorneys to craft a reckless driving defense strategy that reduces or dismisses the charge entirely. 

As the law firm of choice among Virginia drivers, Driving Defense Law was established to protect the rights of those charged with reckless driving. If you are facing reckless driving charges, do not plead guilty! A conviction for reckless driving will stay on your criminal record for life, underscoring the importance of fighting your charges. Our team of experienced attorneys have successfully reduced and dismissed reckless driving charges for countless clients. To learn more about how we can help, consider contacting us at (757) 929-0335 today. 

What Is Reckless Driving?

Generally, reckless driving is a legal term used to refer to driving that is aggressive in nature and willfully disregards the safety of others. According to Virginia Code § 46.2-852, any person who drives a vehicle recklessly or at a speed that endangers the safety or property of another person may be found guilty of reckless driving. Virginia law has several different articles related to reckless driving and categorizes a range of conduct as reckless driving under the law. 

What Are the Reckless Driving Charges in Virginia?

In Virginia, reckless driving is a class 1 misdemeanor offense. This means that while reckless driving is considered a violation of the Code of Motor Vehicles, it is a criminal charge punishable by jail time, fines, and other penalties. Reckless driving charges are not the same as minor traffic tickets. A traffic ticket is classified as an infraction, meaning it is considered a less severe violation of the law. 

Virginia’s reckless driving laws are stringent and provide for many different circumstances in which a person can be charged with this moving violation. In fact, there are over fifteen different reckless driving charges listed in Article 7 of the Virginia Code. Understanding these different charges is key to developing an effective reckless driving defense for your case. The following include the most common reckless driving charges in Virginia and examples of conduct that may land you a reckless driving charge in the state. 

Exceeding the Speed Limit

Virginia is one of the few states that has established reckless driving charges for speeding. This can be confusing to many people, as drivers who are caught speeding are typically issued a mere speeding ticket. Whether a driver receives a speeding ticket or is charged with reckless driving, however, depends on the nature of the violation. Drivers going anywhere between 1 and 19 miles per hour above the speed limit will generally be issued a speeding ticket. Drivers going 20 miles an hour or more above the speed limit, on the other hand, will be charged with reckless driving. 

Under § 46.2-862 of the Virginia Code, a person who drives a motor vehicle on the highway at a speed of 20 miles per hour or more in excess of the speed limit will face reckless driving charges. The same is true of any person who drives 85 miles per hour or more on any road in the state, regardless of the posted speed limit. This means that if you are driving at 85 miles per hour on a Virginia interstate – which typically has a speed limit of 70 – you will be charged with reckless driving even though you are not driving 20 miles per hour in excess of the speed limit.

Driving Too Fast for Traffic or Road Conditions

Virginia Code § 46.2-861 makes it a criminal offense to exceed a reasonable speed under the circumstances and traffic conditions at a given time, regardless of the posted speed limit. This may leave you wondering what it means to exceed a “reasonable speed.” If so, this is intentional, as the law was written to be vague and open to interpretation. Essentially, drivers are expected to adapt to road conditions and drive at a safe speed for those conditions. 

Weather conditions are a key factor here, as driving too fast in rain, sleet, or snow can be dangerous and lead to a reckless driving charge under this section of Virginia law. Poor weather can impact visibility and the ability to turn, maneuver, or stop your vehicle. The law expects that drivers will act prudently in these conditions and slow their speed to account for poor conditions. 

Traffic and road conditions are also important considerations for drivers. While driving the speed limit is entirely reasonable when the highways are clear, it is entirely not possible to do so in high traffic. Many drivers find trouble with law enforcement when traffic is congested, but not stop-and-go. This in-between zone can lead a person to travel at speeds that may be considered “unreasonable” under the law.

Road Racing

Road racing is defined in Virginia Code § 46.2-865, which states that any individual who engages in a road race between two or more vehicles on any Virginia highway or public premises can be charged with reckless driving. You can also be charged with reckless driving for aiding or abetting a road race. 

Road racing and reckless driving charges are taken seriously in Virginia, and those charged with road racing will have their license suspended for at least six months if convicted of this crime.The penalties of road racing become much more severe if another person was injured or killed. In these situations, the person will be charged with a felony offense punishable by up to 20 years in jail and harsh fines. 

There are several different reckless driving defense strategies that can be used in road racing cases. Typically, officers must infer that a driver is engaging in a race based on their conduct. This leaves the opportunity to argue that you were not racing but instead driving at excessive speed or another similar charge. Proving that a driver was road racing is not straightforward, which is beneficial to crafting an effective defense. 

Failing to Give a Proper Signal

According to Virginia Code § 46.2-860, drivers who fail to give a proper signal before turning, slowing down, or stopping may be charged with reckless driving. Failing to give a proper signal may seem like a minor violation, but the Virginia courts take this offense seriously. Simply forgetting to give a signal in a timely manner due to other considerations on the road or unknowingly driving a vehicle with a damaged or burned-out bulb can both lead to reckless driving charges. Unfortunately, many Virginia drivers are not aware of the severity of this offense until it is too late. 

Illegal Passing or Overtaking

Virginia’s reckless driving laws establish several different articles about illegal passing or overtaking on the roadways. For instance, Virginia Code § 46.2-854 makes it a crime to overtake another vehicle on a curve or at the crest of a grade – which refers to the steepest part of an inclined road. Likewise, § 46.2-856 makes it illegal to pass two vehicles abreast, moving in the same direction. 

Under § 46.2-858, drivers cannot pass another vehicle at a railroad crossing or at the intersection of highways, unless the road has two or more designated lanes for each direction of travel. Finally, Virginia Code § 46.2-859 criminalizes passing a school bus that has stopped to load or unload children or adults. 

For more insight on examples of reckless driving examples in Virginia, consider speaking with an experienced attorney at Driving Defense Law. If you have been charged with reckless driving, it is essential to understand your charges, the penalties of reckless driving in the state, and all potential reckless driving defense strategies available in your case. 

What Are the Consequences of Reckless Driving in Virginia? 

Reckless driving charges and penalties in Virginia are severe, and the consequences of being convicted of reckless driving can be long-lasting. As mentioned, reckless driving is a class 1 misdemeanor offense, carrying much harsher penalties than a simple speeding ticket or traffic violation. If you are charged with reckless driving in Virginia, you may face the following penalties: 

  • Up to one year in jail 
  • $2,500 in fines
  • License suspension or revocation 
  • 6 demerit points on your driving record

The consequences of a reckless driving conviction extend far beyond these legal penalties, however. In addition to jail time, steep fines, license suspension, and points on your license, those convicted of reckless driving in Virginia will have a criminal record that may make it difficult to secure employment, take out a loan, or find housing. Regardless of whether you have only been convicted of a first-time offense, your criminal record will stay with you forever. 

Being charged with reckless driving may also face long-term financial consequences. If you are convicted of reckless driving, you will accrue 6 demerit points on your license. These points will remain on your driving record for 11 years. Insurance companies will look at your driving record to determine your insurance rates, and a reckless driving conviction can greatly increase the amount you pay per month for car insurance. 

I Have Been Charged with Reckless Driving. What Are My Next Steps?

If you have been charged with reckless driving, do not plead guilty to your charges. When you plead guilty to charges without defending your case in court, you are not only immediately accepting all the consequences, but you are forgoing your Constitutional right to present a complete reckless driving defense. In many cases, reckless driving charges can be reduced or dismissed altogether when you present an effective defense in court. Pleading guilty to your charges means you are waiving this opportunity. 

After being charged with reckless driving, there are several steps that you can take to maximize the likelihood of having your charges reduced or dropped. While our team believes that a tailored, personalized plan is the most effective way out of reckless driving charges, all cases follow the same broad framework. When you are charged with reckless driving, the following four steps may be crucial to ensuring a favorable outcome for your case. 

Step 1: Review the Charges

You may be surprised to learn how many people do not fully understand their charges. It is not uncommon for Virginia drivers to assume that all traffic violations result in simple tickets that can be paid and forgotten about. Too many drivers do not understand the full implications of their charges. The first step to protecting your rights is to understand why you were charged with reckless driving. 

Your reckless driving charge will look like a typical traffic citation at first. On this citation, the police officer will list the law section and describe the charges that have been brought against you by the state. In the law section, the officer will list “46.2-862,” which refers to reckless driving by speed code section. Alternatively, look for the words reckless driving or its abbreviation “RD.” 

Then, check the officer’s description of your charge. The officer may list the specific offense that you have been accused of, such as excessive speed, road racing, or failing to give a proper signal, or they may cite reckless driving in general. Regardless, once you are sure that you have been charged with reckless driving and fully understand these charges, you may proceed to the next step. If you have been issued a traffic ticket instead, consider reviewing our comprehensive traffic ticket defense guide for further insight into your next steps.

Step 2: Find Effective Legal Representation for Your Case

If you have been charged with reckless driving, you may be required to attend a court hearing to review your charges. By default, you will be required to appear in court because reckless driving is a misdemeanor charge. In some situations, a hearing (called an arraignment) is held. During this hearing, a judge will explain that you are facing criminal charges and have the right to an attorney. On the other hand, if your case is not set for arraignment, the case will be immediately scheduled for trial instead. 

It is important to note that if you fail to appear in court, you may face further criminal charges. In some cases, the judge may even issue a show cause warrant for your arrest. When a warrant is issued, the police are permitted to arrest you at any time. As such, it is important to find effective legal representation as quickly as possible after being charged with reckless driving. Your attorney will be able to represent you at all court proceedings and protect your rights at every step of the process.  

Choosing to represent yourself can have serious long-term consequences and negatively impact the outcome of your case. With effective legal representation by your side, you can ensure that measures have been taken to control the narrative of your case. Your attorney will painstakingly review the details of your case to craft a defense strategy rooted in experience and expertise. 

When selecting a lawyer to represent your case, it can be helpful to consider their record of success, the mission of the law firm, and how comfortable you feel with the attorney. How will the lawyer communicate with you about your case? Do they have experience handling cases similar to yours? What potential solutions do they have to reduce or dismiss your charges? Does the attorney listen to your needs and understand the seriousness of your situation? 

Step 3: Empower Yourself with an Effective Reckless Driving Defense 

Once you have identified effective legal representation for your case, it is time to get to work. The only way to have your charges reduced or dismissed in court is with a well-crafted legal defense. At Driving Defense Law, we will tailor a plan that suits the unique circumstances of your case. Some of the strategies that have proven successful in reducing and dismissing reckless driving charges for our clients include:

  • Negotiating the charges down to improper/careless driving. One of the most effective defense strategies is negotiating a reckless driving misdemeanor charge down to a careless driving infraction. Reckless driving charges can be reduced to careless driving by the court at any time, as long as your attorney understands how to navigate this process.  
  • Asserting that the police officer’s radar or lidar gun reading was inaccurate. Law enforcement is legally required to recalibrate their radar and lidar guns every six months. Police officers must also receive adequate training to use these tools to accurately detect speed. If the device that was used to capture your speed was not calibrated or if the police officer did not receive proper training, your attorney can use this to your advantage. 
  • Leveraging your history of safe driving. If you have no prior traffic violations on your record, your attorney can use this to have your charges reduced or dismissed. Moreover, it is often possible to reach an agreement with the court that your charges will be dropped upon completion of driver’s safety school or community service. To successfully leverage this strategy, your attorney must be a zealous negotiator and well-connected in the Virginia courts. Fortunately, this is a common tactic we successfully use at Driving Defense Law. 
  • Claiming that you were not the driver of the vehicle. The foundation of this defense is simple: if there is no definitive proof that you committed a crime, then it could be possible that the officer targeted the incorrect vehicle. In some situations, your attorney may argue that you were not the driver of the vehicle and therefore not guilty of reckless driving. 
  • Showing that there is not enough evidence to convict you of reckless driving. Proving that the case lacks sufficient evidence can be particularly effective in reckless driving cases. You cannot be convicted of a crime if there is no definitive evidence that proves your behavior rose to the level of reckless. Furthermore, it is also possible to challenge the credibility of the evidence presented by the prosecution. Your attorney may be able to pull dash cam footage, street surveillance camera footage, or other evidentiary sources to support your case.

Ultimately, your attorney can provide a clearer understanding of how these defense strategies can work to your advantage depending on the facts of your case. Above all, the defense strategy that you employ for your case will depend entirely on the unique circumstances of your case. With the right strategy, it is entirely possible to challenge your reckless driving charges and win your case. 

Step 4: Win Your Case

Perhaps the most satisfying part of beating a reckless driving charge is the sense of relief you will feel when the charges have been reduced or dropped. At Driving Defense Law, winning your case is our favorite part of the process. If our team is successful in having your charges reduced or dismissed, you will avoid jail time and the creation of a criminal record. In some cases, you can avoid accruing demerit points on your driving record altogether, thus ensuring that your insurance rates are not impacted. 

Beat Your Reckless Driving Charge with Our Team of Experienced Reckless Driving Defense Lawyers

Reckless driving is a serious criminal offense in Virginia, and being convicted of this crime can have life-altering consequences. If you are facing reckless driving charges, you are also facing potential jail time, a criminal record, and points on your license that last for over a decade. With so much at stake, defending your rights in court is essential. 

At Driving Defense Law, we work closely with Virginia drivers who have been charged with reckless driving. Leveraging our unique approach and years of experience navigating the local Virginia courts, we have successfully crafted reckless driving defense strategies to reduce and dismiss our clients’ charges. To get started, consider booking your free consultation with our team at (757) 929-0335 today. 

Speeding Ticket Defense: A Comprehensive Approach

According to data from the National Highway Traffic Safety Administration, approximately 112,000 drivers receive a speeding ticket every day. If you have not been issued a speeding ticket before, you likely know someone who has. While these traffic violations are undoubtedly common in Virginia, many drivers are unsure of how to respond to speeding tickets. Can you challenge a speeding ticket in Virginia? What happens if I am charged with reckless driving for speeding? Do I have options to defend my rights in court? 

Driving Defense Law provides the most comprehensive speeding ticket defense counsel to drivers across Virginia. We have dedicated our practice to protecting the rights of individuals who have been accused of violating Virginia speeding laws. Our team of experienced attorneys work tirelessly to mitigate the long-term consequences of speeding tickets, providing support to our clients at every step of the process. If you are considering challenging your speeding ticket, we are here to help. Consider contacting us at (757) 929-0335 today to get started. 

An Overview of Virginia Speeding Laws

All drivers are required to abide by the rules of the road, which includes staying within the speed limit on all roadways in the Commonwealth. Speeding laws are put in place to provide a basis for law enforcement, reduce disparities in speed, and mitigate the potential of collisions on the roads. According to the 2022 Virginia Traffic Crash Facts report, a total of 24,877 speed-related accidents occurred in 2022, resulting in nearly 500 deaths and 13,000 injuries. With such a high prevalence of speed-related collisions, Virginia law enforcement routinely hands out speeding tickets to discourage drivers from driving at excessive speeds. 

According to Virginia Code § 46.2-870, the maximum speed on all highways is 55 miles per hour, unless otherwise specified by a posted speed limit sign. For tracker trucks and vehicles designed to transport property, the maximum speed reduces to 45 miles per hour on highways. On city and residential roads, drivers should be aware of the posted speed limit. 

Technically, the moment a driver’s speed rises above the speed limit, they are in violation of the law. This means that you could be traveling at 56 miles per hour on a highway – which is a mere 1 mile an hour over the speed limit – and receive a speeding ticket for excessive speed. This underscores the importance of not only being cognizant of the speeding laws in Virginia, but your rights and legal options as a driver who was issued a speeding ticket. 

While they are extremely common, speeding offenses can quickly become serious in Virginia. In fact, in some circumstances, speeding violations can even rise to the level of criminal charges. The majority of speeding tickets that are issued are infractions, meaning are not considered a criminal offense in Virginia. The one exception to this is reckless driving, which is a criminal misdemeanor in the state. 

What Is Reckless Driving?

The vast majority of states have laws that address “willfully dangerous driving,” some states – like Virginia – call these violations “reckless driving.” Reckless driving is one of the most serious traffic offenses and is classified accordingly under Virginia law. Unlike other states, which reserve reckless driving charges solely for more extreme violations such as road racing or dangerous passing, Virginia provides for excessive speed in its reckless driving laws. 

Can I Be Charged with Reckless Driving for Speeding in Virginia?

Yes, you can be charged with reckless driving for speeding in Virginia. According to Virginia Code § 46.2-862, a person can be found guilty of reckless driving if they are caught driving 20 miles an hour or more over the speed limit or if they are driving 85 miles an hour or above on any roadway, regardless of the maximum speed limit. 

In other words, even if the posted speed limit is 70 miles per hour – which is true of many rural freeways and interstates in Virginia – a driver who is caught driving at 85 miles an hour or more can be charged with reckless driving even though they are not going more than 20 miles an hour above the speed limit. 

What Are the Penalties for Speeding in Virginia? 

The penalties for speeding depend entirely on how fast over the speed limit you were going when the police officer pulled you over. If you plead guilty to a speeding ticket, you will face harsh penalties ranging from fines and points on your license to increased insurance rates and suspension of your license. Fortunately, if you act quickly and speak with your attorney about crafting an effective speeding ticket defense, you may avoid these long-term consequences. 

What Are Virginia’s Speeding Ticket Fines?

When you are issued a speeding ticket, the fines that you are required to pay will be listed directly on the ticket itself. In Virginia, fines are assigned based on your speed: 

  • $6 for every one mile you were going over the speed limit on a highway.
  • $7 for every one mile over the speed limit in a school or work zone.
  • $8 for every one mile over the speed limit plus $200 in a residential area.

In addition to the fine, you will also have to pay court fees, which can range from $66 to $86 depending on the ticket. If you choose to simply pay your ticket – an approach that we do not recommend – you must submit payment by the due date listed on the ticket. Failing to pay the fines and court fees by the listed date can result in interest charges or your account being sent to collections. In some situations, a judge may issue a warrant for your arrest if you fail to respond to the ticket. 

What Is the Virginia Demerit Point System?

In addition to the financial penalties of receiving a speeding ticket, you will also accrue points on your license. Like the majority of states, Virginia records a driver’s safety and performance using a demerit point system. When a driver receives a traffic violation, they will be given points on their license. The number of points that a ticket carries depends on how severe the offense is. In Virginia, the points given for a specific violation range from 3 to 6 and can remain on your record from 2 to 11 years. 

For speeding violations, demerit points are assigned in the following manner:

  • Three points for speeding 1 to 9 miles per hour over the limit, which will remain on your record for five years.
  • Four points for speeding 10 to 19 miles per hour over the limit, which will also remain on your record for five years.
  • Six points for reckless driving at excessive speeds of over 20 miles per hour over the limit, which will remain on your record for 11 years. 

With the right speeding ticket defense, you may be able to have these demerit points removed from your record entirely. Having a speeding conviction lifted from your driving record can also help to mitigate the other hidden consequences of speeding in Virginia as well. 

Other Hidden Consequences of Speeding in Virginia

In addition to fines and points on your license, there are additional consequences associated with receiving a speeding ticket in Virginia. If you accrue too many demerit points in too short of a timeframe, for example, your license may be suspended. You may be required to pay more in insurance rates, as insurance companies do not look favorably upon speeding tickets in a driver’s record. Furthermore, if you are charged with reckless driving for speeding, a criminal record will be created which can impact your ability to gain employment, take out loans, be admitted to college, and secure housing. 

What Are My Options After Receiving a Speeding Ticket?

After receiving a speeding ticket in Virginia, you have the option to either: 

  • Submit a guilty plea and accept the penalties, or 
  • Plead not guilty and fight the charges. 

When you plead not guilty and respond to the charges, you are exercising your Constitutional right against self-incrimination. Exercising this right gives you the opportunity to build an effective speeding ticket defense with the help of your attorney. Pleading not guilty and fighting the charges is essential to avoiding the long-lasting consequences of simply paying your speeding ticket. 

What Are the Consequences of Simply Paying Your Speeding Ticket?

After receiving a speeding ticket, many people assume the only course of action is to simply pay the ticket and accept the penalties. In fact, we advise that you should never simply pay your speeding ticket. When you simply pay your speeding ticket, you are admitting that you were guilty of speeding and agreeing to accept the multitude of consequences that accompany this conviction. You are forgoing your right to challenge your speeding ticket, negotiate a better deal, and defend your rights in court. 

In no uncertain terms, simply paying your speeding ticket is a poor bargain. Negotiation is always possible in speeding ticket cases, and in the majority of situations you can reach a deal with the court to mitigate the consequences of your ticket. In the short-term, simply paying your speeding ticket may be the easiest option, but the long-term consequences are resounding. Between increased insurance rates, demerit points on your license, and the potential impact of a speeding violation on your employment prospects, you will pay for this choice long after paying the fines. 

4 Steps to Building an Effective Speeding Ticket Defense

Successfully challenging a speeding ticket is no easy feat. Without a carefully crafted and strategic legal defense in place, the courts are not likely to dismiss your ticket or agree to keep the violation off your record. This begs the question: how exactly do you build an effective speeding ticket defense? At Driving Defense Law, this is where we start: 

Step 1: Understand Whether Your Ticket Is an Infraction or a Reckless Driving Charge

Before all else, ensure that you fully understand the speeding ticket – they are not all the same. Look at the area of your ticket that describes the charge. Did the police officer write “reckless driving” in this area? Did they cite the numbers “46.2-862” in this section? If these elements are present on your speeding ticket, then you have been charged with reckless driving. In some cases, the officer may not specifically state that you have been charged with reckless driving. They must, however, cite the relevant law for reckless driving, which is Section 46.2-862 of the Virginia Code. 

If you have been charged with reckless driving, you will not be able to merely pay the ticket and move on. Rather, you will be required to attend a court hearing for your case. If your speeding ticket is just that – a simple speeding ticket – then you have the option of avoiding going to court, which is specified on your ticket as well. Fully understanding your speeding ticket is essential to deciding how to proceed with the matter. 

Step 2: Find an Experienced Attorney Who Can Navigate Speeding Tickets in Virginia

Seeking assistance from an attorney who has the experience and knowledge necessary to successfully navigate your speeding ticket case is key. The attorney you hire to represent you in this legal matter will make all the difference in the outcome of your case. Many law firms, Driving Defense Law included, offer free case evaluations to prospective clients. Here, we will review the unique circumstances of your speeding ticket and discuss potential solutions to resolve the issue.

During your initial consultation with an attorney, there are several factors that you may want to consider to identify whether the attorney is right for you. Some of these factors include: 

  • Which jurisdictions does the attorney focus on? At Driving Defense Law, we know how to navigate the local courts in Virginia, specifically the Hampton Roads area.
  • Does the attorney have experience representing cases similar to yours? If your attorney does not have a demonstrated record of success, or if they focus on a different area of the law, they may not be able to navigate your case as effectively. 
  • What are the core values of the law firm? How will those core values be reflected in their legal representation? The core values of the attorney’s law firm matter greatly. These values will inform every aspect of their practice and will dictate how the attorney communicates with you and represents you in court. For instance, our mission of boldly serving you with integrity and diligence manifests in the level of transparency that we bring to our clients, our commitment to fighting for our clients, and our dedication to the rights of Virginia drivers.
  • Does the law firm offer resources to their clients? A truly comprehensive defense strategy integrates different resources such as driver’s safety school, community service, and informational content. A law firm that offers these resources to their clients may be better equipped to handle your speeding ticket or reckless driving charges. 

Step 3: Build Your Speeding Ticket Defense

The most crucial part of the process is building your comprehensive legal defense. First, your attorney will review the facts of your case to identify all potential strategies that may be effective in reducing or dismissing your ticket. It is essential that you disclose all relevant details to your attorney, as they will use these facts to craft an effective defense strategy. It is important to note that any matter you discuss with your lawyer is protected by attorney-client privilege, meaning your attorney cannot reveal the information you share with them.

Depending on the facts of your situation, your attorney can utilize a range of defense strategies to protect your rights. Some of the successful speeding ticket defense strategies that we have leveraged to reduce or dismiss our clients’ tickets include: 

  • Demonstrating that the police officer’s radar or lidar gun reading was incorrect. While radar and lidar technologies are helpful for catching speeding drivers, these tools must be regularly maintained, and officers must stay up-to-date with their training. It is not uncommon for radar or lidar guns to produce inaccurate and unreliable readings. Perhaps the radar or lidar gun was not recalibrated within the past six months as required by Virginia Code § 46.2-882. Maybe the police officer was not properly trained on how to use the tool, and inadvertently confused another driver’s vehicle with yours. 
  • Arguing that your speedometer was not properly calibrated. There are several instances when a person may want to recalibrate their speedometer, for instance, after inflating or deflating their vehicles’ tires. If your speedometer was not properly calibrated, you may accidentally violate Virginia’s speeding laws. This defense is particularly effective if you were caught going a few miles per hour over the speed limit. 
  • Proving that speed limit signs were not visible in the area. If speed limit signs were not posted at adequate distances from each other, or if they were covered by a bush or other foliage, your attorney may assert that you were simply not aware of the speed limit in the area. 
  • Showing that the violation was necessary to avoid greater harm. Emergency situations can justify a speed violation under this “necessity” defense. As long as you can prove that you violated the speed limit to avoid a much greater harm, such as a potential collision or a medical crisis, this defense may be effective in reducing or dismissing your ticket. 
  • Asserting that the officer paced your vehicle incorrectly. This can happen when the police officer attempts to follow your vehicle to determine if you are speeding. There are specific procedures that must be followed by the officer in these situations, and mistakes on their part can have your ticket dismissed entirely. 
  • Demonstrating your history of safe driving. If you have no other traffic violations on your driving record, your attorney can use this to your advantage. Many times, your attorney can negotiate with the court and reach an agreement to have your ticket dismissed as long as you agree to complete driver’s safety school or community service. 

While these are merely some of the many speeding ticket defense strategies that have proven effective for our team in the past, they capture the variety of options that are available to help you avoid the consequences of your speeding ticket. Your defense strategy should be tailored to your unique situation and needs, however, and there is no one-size-fits-all approach to legal representation. 

Step 4: Fight Your Charges and Resolve Your Speeding Ticket Case

When you hire an attorney to fight your charges, you are not necessarily required to attend court hearings – your attorney will represent you in all court proceedings. This is beneficial, as court hearings can require you to miss work and lose income. Your attorney will craft the narrative of your case and present it to the court. 

They will negotiate on your behalf until your ticket has been reduced or dismissed altogether. If successful, you will not be required to pay the fines for the ticket, nor will you receive demerit points on your license. The latter is a particularly valuable outcome, as no points on your license means that your insurance rates will not increase as a result of your ticket. 

Speak With Our Team of Experienced Attorneys to Craft Your Speeding Ticket Defense Today

If you have been accused of violating the speeding laws in Virginia, do not pre-pay your traffic ticket. Pre-paying your ticket or attempting to represent yourself in court can have long-lasting implications. Instead, review your ticket, seek assistance from an experienced attorney, and begin building your speeding ticket defense as soon as possible. 

At Driving Defense Law, we zealously advocate on behalf of drivers across Virginia. Through our effectively legal representation, we have successfully reduced and dismissed countless speeding tickets for our clients. To begin resolving your case and defending your rights, consider scheduling a free consultation with our team at (757) 929-0335 today. 

How Radar and Lidar Guns Work (And How They Can Be Wrong) 


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It is a relatively common sight on Virginia roadways: a police officer in their patrol car, aiming a radar gun at oncoming traffic. While radar and lidar guns are useful tools for detecting speeding vehicles, they have their weaknesses. If you have received a speeding ticket based on a radar or lidar gun reading, you may be able to challenge this evidence in court and reduce or dismiss your ticket. Successfully doing so, however, requires a deep understanding of Virginia law and a great deal of evidence. 

At Driving Defense Law, we have successfully represented countless clients as they challenge their radar or lidar gun speeding ticket. Through our legal advocacy, we have been able to reduce and dismiss speeding tickets using a range of proven defenses. Radar errors occur, and we are here to help you prove it. To discuss your situation with our team of experienced attorneys, consider contacting us at (757) 929-0335 today. 

What Is a Radar Gun?

RADAR stands for radio detection and ranging, is a technology that is used by law enforcement to measure the speed to moving vehicles. Radar guns are able to calculate the distance between an object and the gun itself by emitting a wave and determining how much time it takes the wave to return to the source. Generally, radar guns are considered easy to use and reliable, making them a preferred tool of police officers looking to catch a motorist speeding. 

What Is a Lidar Gun?

LiDAR stands for light detection and ranging, and works similar to radar in many ways. While radar uses a wave to determine speed, lidar uses a laser. A laser is emitted from the gun, bounces off the object, and returns to the source. The amount of time it takes for the laser to leave and return to the gun is used to determine the speed of a moving object. Due to their accuracy, especially in heavy traffic, lidar speed guns have become highly popular in law enforcement. 

How Can Radar and Lidar Guns Get It Wrong?

Regardless of which method a police officer was using to determine your speed, radar and lidar guns are not infallible. Three of the most common reasons why radar and lidar guns produce a false reading include: 

  • The radar or lidar gun was improperly calibrated. If either of these tools were not properly – or recently – calibrated, they can yield an inaccurate reading. According to the Code of Virginia § 46.2-882, radar and lidar devices must be calibrated at least every six months. 
  • Poor weather conditions. High winds, heavy rain, and other inclement weather can lead to radar errors. 
  • User error. A police officer who has not been properly trained to use a radar gun is likely to incorrectly aim the radar gun, causing it to read another vehicle other than yours. If the other vehicle was speeding, you may be mistakenly issued a speeding ticket. 
  • Radio frequency interference, mechanical interference, and cosine angle error. It is not uncommon for devices to produce an incorrect reading due to interference sources and misalignment.

Should I Challenge My Radar or Lidar Gun Speeding Ticket?

At Driving Defense Law, we advocate for our clients’ rights and help them minimize their speeding charges. When you simply pay your speeding ticket, you are admitting guilt and welcoming a host of serious consequences. Deciding whether to challenge a radar or lidar gun speeding ticket can be boiled down to a cost-benefit analysis. Is it worth it to challenge your ticket? To determine this, consider the following consequences of pleading guilty to speeding in Virginia: 

  • Increased insurance rates. When you pay your speeding ticket, you are agreeing to accrue points on your license. Insurance companies look at your driving record when determining rates. Considering that the national car insurance rate increase for drivers who receive a speeding ticket is 24%, this is a major consequence of pleading guilty to speeding. 
  • License suspension. Virginia uses a demerit point system. If you accrue too many points on your license in too short of a time period, your license can be suspended. This can prevent you from moving freely around your community and force you to use more expensive transportation options. 
  • Misdemeanor charges. Unlike other states, speeding can be charged as reckless driving in Virginia. This offense is considered a criminal misdemeanor charge, which is punishable by jail time, steep fines, probation, and the creation of a criminal record. 

How Can Driving Defense Law Challenge a Radar or Lidar Gun Reading 

While radar and lidar gun readings can be compelling proof in court, our attorneys understand how to effectively challenge this evidence by leveraging effective speeding ticket defense strategies. Some of the ways we have successfully challenged radar and lidar gun readings in court include: 

  • Proving that the calibration certificate for the radar or lidar gun is out of date or was completed incorrectly. This is one of the most effective defense strategies for speeding tickets, as it is common for law enforcement to fail to recalibrate their devices during the specified timeframe. 
  • Demonstrating that the police officer did not receive the proper training to use the radar or lidar gun. 
  • Citing a margin of error, which is particularly effective in reckless driving cases where the driver was close to the speed threshold. 
  • Investigating if weather conditions played a role in the radar error. 

Craft Your Defense with an Experienced Attorney at Driving Defense Law

Whether it is due to a flaw in the technology or improper use of the device, radar errors occur. Receiving a ticket due to a false radar or lidar reading can be frustrating, and you likely want to avoid the consequences of being convicted of speeding in Virginia. At Driving Defense Law, our team of experienced attorneys understand how to craft the strongest defense for your case, compiling all necessary evidence and effectively protecting your rights in court. To begin crafting your legal defense with our team, consider calling or texting us at (757) 929-0335 to book your free case evaluation today. 

Speeding Tickets And Insurance Rates: What You Need To Know

If you have been caught speeding on Virginia roadways, fines are not the only price you will pay for breaking the rules of the road. You may also face serious consequences as it relates to your car insurance rates. Speeding tickets and insurance rates are closely connected, and when a person is charged with speeding it is likely that their insurance rates will increase in tandem. 

Understanding the relationship between speeding tickets and insurance rates is important and can save you hundreds or thousands of dollars in the long-term. At Driving Defense Law, we work alongside drivers to defend their rights and minimize the consequences of their ticket long after court. Our team of zealous attorneys will create a personalized legal defense to ensure long-term savings and protect your interests. To learn more, connect with us at (757) 929-0335 today. 

How Do Speeding Tickets Impact Your Insurance Rate?

A major factor that is used to determine your car insurance rate is your driving record, which includes traffic violations such as speeding tickets. The more tickets you receive, the more you will likely pay in car insurance. According to a Forbes Advisor Analysis, the national car insurance rate for drivers who receive a speeding ticket is approximately 24% more than drivers without a speeding conviction. This is substantial, translating to hundreds of dollars per year. 

Data from the U.S. News & World Report indicates that the average annual car insurance rate in Virginia is slightly over $1,000. A 24% increase in the average driver’s car insurance rate would amount to an extra $240 per year. More severe speeding offenses or repeat offenses can further increase this amount. 

Some of the ways that a speeding ticket can impact your car insurance rates includes: 

  • Your premium may go up at the time of renewal 
  • Insurance rates could increase year-over-year
  • You may not be able to utilize “good driver” discounts 
  • If your driving record contains severe offenses or multiple speeding tickets, you may not be able to obtain car insurance through a private company. 

How Much Will Your Insurance Rate Increase After a Speeding Ticket

Speeding tickets and insurance rates are clearly connected, but to what extent? While there is no definite number or percentage that we can cite regarding how much your insurance rate will increase after a speeding ticket, there are several factors that can be used to predict the impact. Some factors that play a role in how much your insurance rate increases after a speeding ticket include: 

  • Whether it was your first offense. The more speeding tickets you have, the more you can expect to pay. 
  • Your driving history. A driver with an otherwise clean record may be less impacted by a driver with a history of infractions. 
  • How fast you were going. There is a substantial difference between going 5 miles per hour over the speed limit and being caught going 20 miles per hour over the speed limit. The more severe the offense, the bigger the insurance penalty.
  • Where you received the ticket. All Virginia jurisdictions handle speeding infractions differently. 

Why Do Insurance Rates Increase After a Speeding Ticket?

Insurers look at your driving record to understand how much of a risk you may pose to others on the road. According to the 2022 Virginia Traffic Crash Facts report, approximately 20% of all car accidents were speed-related. Due to the role that speeding often plays in car accidents, insurers consider this an important risk factor. When you engage in risky driving behavior (such as speeding) car insurers take this into account. 

What Can You Do to Prevent Your Car Insurance Rates from Increasing?

The good news is that through the right strategy, it is entirely possible to prevent your car insurance rates from increasing. At Driving Defense Law, we understand that speeding tickets and car insurance rates are primary concerns for many drivers, and we work closely with our clients to help minimize the consequences of their charges. 

First, if you were accused of speeding, do not simply pay the speeding ticket. In doing so, you are admitting that you are guilty of speeding and agreeing to keep the conviction on your driving record. This is not the only course of action available to you, however, and it is important to challenge your charges. 

Seeking legal assistance is a beneficial first step, as representing yourself in court can be ineffective without a close understanding of Virginia law and access to resources to defend your case. If your attorney is able to reduce or dismiss the charges, you can avoid accruing points on your license. In turn, your car insurance rates will not increase. 

Your attorney will utilize a range of legal strategies to defend your case and minimize the impact of the speeding ticket on your driving record and insurance rates. Some of these strategies include: 

  • Proving that there was a radar error that caused the radar or lidar gun to provide an inaccurate reading. 
  • Looking for citation errors that require a judge to dismiss the ticket.
  • Providing evidence that your speedometer was not correctly calibrating, causing you to be unaware that you were speeding.
  • Asserting that you will complete Driver Safety School or community service to have the ticket dismissed. 
  • Arguing that you were speeding for a justifiable reason, like to avoid an object in the road or due to a medical emergency.
  • Contending that speed limit signs were not posted or were hidden by a tree, preventing you from knowing the speed limit in the area.

Contact an Experienced Attorney at Driving Defense Law Today

After receiving a speeding ticket, it is natural to worry that your car insurance rates will increase as a result. At Driving Defense Law, we understand that speeding tickets and insurance rates can pose a financial burden on many Virginia residents. Consequently, we have devoted our practice to helping Virginia drivers avoid these undue consequences and minimize or alleviate the impact of their speeding violation on their insurance premiums. To learn more about how we can help, consider booking a free case evaluation with our team or contacting us at (757) 929-0335 today.  

Why You Should Never Simply Pay Your Speeding Ticket

You may not initially believe that receiving a speeding ticket is a serious issue, but the implications of being convicted of speeding in Virginia can be substantial. While many people opt to simply pay their speeding ticket to avoid physically appearing in court, there can be several negative implications of this decision. Speeding ticket consequences can range from increased insurance rates to license suspension to jail time, in severe cases. 

With the help of an experienced attorney at Driving Defense Law, it is possible to avoid these consequences and minimize the impact the speeding ticket has on your life and your freedom. To learn more about how we can defend your rights and have your ticket reduced or dismissed altogether, consider contacting us at (757) 929-0335 today. 

How Are Virginia’s Speeding Laws Different from Other States? 

The major difference between Virginia’s laws and the laws of other states is that speeding can result in a criminal misdemeanor for reckless driving. According to the Code of Virginia § 46.2-862, any person who drives a vehicle at a speed that endangers others can be charged with reckless driving. Under Virginia law, if you are going 20 miles per hour or more over the speed limit, or over 85 miles per hour on any road in the state, you can be charged with a criminal misdemeanor. Compared to civil infractions, criminal misdemeanors carry much harsher penalties.

Because of Virginia’s unique speeding laws, it is easy to find yourself facing criminal charges for reckless driving. The penalties for a first-time reckless driving charge can include up to four months in jail, fines of up to $750, and a maximum of two years of probation. For this reason, if you are facing criminal charges for reckless driving, it is important to fight back against your charges to minimize these serious speeding ticket consequences. 

Even if you are not facing criminal misdemeanor charges, it is not always advised to simply pay your speeding ticket. Paying your speeding ticket is an admission of guilt, which can have major implications such as points on your driving record that can lead to a license suspension and other consequences. 

What Are the Legal Consequences for Speeding?

Individuals who are convicted of speeding may be required to pay fines and accrue points on their license based on a demerit point system. The Department of Motor Vehicles assigns demerit points based on the speed you were going. In Virginia, there are three categories of speeding offenses: three-, four-, and six-point convictions. The number of points you will receive for speeding are assigned as follows: 

  • Three points if you were going 0-9 miles per hour over the speed limit. The conviction will remain on your record for up to 5 years.
  • Four points are given if you were going 10-19 miles per hour over the speed limit. Again, the conviction will stay on your record for 5 years.
  • Six points if you are caught driving 20 miles per hour or more over the speed limit. Reckless driving convictions also result in six demerit points on your license. The conviction will remain on your record for eleven years. 

Can You License Be Suspended due to a Speeding Ticket? 

Your license may be suspended If you receive a certain amount of demerit points over a specific timeframe. For instance, if you receive eighteen demerit points within a one-year period, your license will be suspended for ninety days. Furthermore, receiving twenty-four demerit points within a two-year period will also result in a ninety-day license suspension. There may also be additional speeding ticket consequences in conjunction with a suspension of your license, including attending driver’s safety school or being placed on probation. 

Why Should You Never Simply Pay Your Speeding Ticket?

At Driving Defense Law, we do not advise our current or prospective clients to simply admit guilt and pay their speeding tickets. You have the fundamental right to defend yourself against allegations in court, yet many people do not fully assert this right. Each speeding ticket that you receive is an indication that you have violated the law and that you pose a risk to other drivers on the roads. Paying your speeding ticket and accruing points on your record can eventually lead to your license being suspended and result in a steep increase in your insurance rates, for example. 

If you choose to fight your charges, the courts may dismiss your case and these consequences may be avoided altogether. For instance, some courts may dismiss the ticket if you agree to attend driver’s safety school or complete community service. In other situations, your attorney may negotiate a lesser charge for your speeding ticket. This is particularly important if you have been charged with reckless driving. Fighting your charges can be the difference between spending months in jail and accepting a lesser charge to maintain your freedom. 

How to Defend Against Speeding Ticket Consequences

If you are considering fighting back against a speeding ticket, the most important first step is to seek legal assistance from an experienced attorney. The role of a traffic ticket defense attorney is to review the facts of your case, organize evidence to help minimize your charges, and successfully reduce or dismiss your conviction. Your attorney will utilize a variety of strategies to defend against speeding ticket consequences, including:

  • Law enforcement was using improperly calibrated radar or lidar guns
  • You were unaware that you were speeding due to an uncalibrated speedometer
  • Prior to this violation, you had a demonstrated record of safe driving 
  • There was a necessary reason for your speed, such as a medical emergency or preventing greater harm

There are a range of defenses that your attorney can use to protect your rights and minimize the consequences of your speeding ticket. Ultimately, depending on the facts of your case, fighting your speeding ticket may be a more advantageous option compared to simply paying the ticket and admitting guilt. 

Contact an Experienced Attorney at Driving Defense Law Today

If you or a loved one recently received a speeding ticket, it is important to seek legal assistance as soon as possible. With the help of an experienced attorney, you can defend your rights, reduce or dismiss your conviction, and mitigate the serious speeding ticket consequences that come with admitting guilt and paying your ticket immediately. To book a free case evaluation with our team, consider connecting with Driving Defense Law via text or call at (757) 929-0335 today.

Reckless Driving Lawyer Norfolk VA

Reckless Driving in Virginia

What is Reckless Driving in Virgina?

Reckless driving in Virginia involves operating a vehicle in a way that endangers life, limb, or property. It is classified as Class 1 misdemeanor and carries significant penalties such as like large fines, jail time and license suspension.

The definition is intentionally broad meaning police, and the courts can look at how you were driving and whether your conduct created a real risk to others. Factors such as speed, loss of control, erratic maneuvers, and failure to follow traffic laws are considered when determining if driving was reckless.

What Are the Different Types of Reckless Driving in Virginia?

The most commonly recognized form of reckless driving in Virginia is speed-related reckless driving. In the state, driving 20 miles per hour or more over the posted speed limit, or exceeding 85 mph regardless of the speed limit, is automatically considered reckless driving.

Other forms of reckless driving include:

  • Driving too fast for conditions (even if you’re below the posted limit), such as in heavy rain, fog, ice, or heavy traffic (VA Code § 46.2-861)
  • Not maintaining proper control or driving with faulty/inadequate brakes (VA Code § 46.2-853)
  • Driving with an obstructed view or impaired control (for example, overloaded vehicle or too many people in the front seat) (VA Code § 46.2-855)
  • Failing to give proper and timely turn/stop signals when required (VA Code § 46.2-860)
  • Dangerous driving on certain non-highway premises open to the public (like school or church driveways, business/government parking lots, and roads under construction) (VA Code § 46.2-864)
  • Racing or “exhibition driving” on highways or qualifying public-access property without authorization (VA Code § 46.2-865)

It is also important to note that you can still be charged with reckless driving for any manner of driving that endangers life, limb, or property can qualify (VA Code § 46.2-852).

What Are the Consequences for Reckless Driving in Virginia?

A standard reckless driving conviction in Virginia is a Class 1 Misdemeanor, the most serious type of misdemeanor. Potential consequences can include:

  • Up to 12 months in jail
  • Up to $2,500 in fines
  • License suspension
  • Six demerit points in your Virginia driving record

What are Common Defenses for a Reckless Driving Case in Virginia?

Every reckless driving case in Virginia is highly fact-specific, so it is crucial to consult an experienced traffic attorney. Skilled attorneys bring in-depth knowledge of Virginia traffic laws, understand relevant case precedents, and can conduct a thorough assessment of your situation. Common defenses include speed measurement challenges, disputes over the actual driving conditions, or questions about the officer’s or prosecution’s evidence. Attorneys can also present mitigating factors such as a clean driving record, completion of a driver improvement course, or community involvement to strengthen your defense or negotiate alternative sentencing options.

What Should You Do if You Are Charged with Reckless Driving in Virginia?

Being charged with reckless driving in Virginia is serious and can carry significant fines, license suspension, and even jail time. It is important that you reach out to an experienced traffic attorney at Driving Defense Law to prepare a defense.

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Speeding

What are the different types of speeding violations in Virginia?

Speeding tickets are no fun. If you find yourself holding a speeding ticket, you may want to simply pay the fine or explore other options. Driving Defense Law will help you navigate these options so that your speeding ticket doesn’t result in a long-term consequence.

Virginia defines several types of speeding violations. Including:

Speeding Generally over the Speed Limit$6 per
Speeding School Buses over the Speed Limit $6 per
Speeding Special Permit Vehicles over the Speed Limit $6 per
Speeding in School Zone over the Speed Limit $7 per
Speeding in Business/Residential Districts per mph over the Speed Limit $6 per
Speeding Passenger Vehicles with Trails over the Speed Limit $6 per
Exceeding Speed Limit Set by DOT over the Speed Limit $6 per
Speeding in a Work Zone over the Speed Limit $7 per
Speeding Certain Residential Zone (+ $8 per) $200
Speeding in Certain Bridges/Tunnels over the Speed Limit$6 per

Processing Fees/Court Costs of Speeding in Virginia

  • $62.00 for the first charge
  • $11 for each additional charge with the same court date
  • The worst maximum fine is $250 in addition to the $62 processing fee.
  • If the driver does not prepay the speeding ticket and does not appear in court there is an additional $35 fee.

A conviction on a basic speeding ticket normally amounts to a fine and a court fee. The fines are broken down above. However, you should know that a speeding ticket will also get you demerit points on your driving record. The number of points depends on the severity of speeding.

Demerit Points – Virginia DMV

Demerit points are assigned when you are convicted of a traffic violation. Each time that you commit a traffic offense, the DMV adds demerit points to your record. Different violations amount to different point assignments.

If you are convicted of a traffic violation, the court will notify the Department of Motor Vehicles who then:

  1. Posts the conviction to your driving record
  2. Assigns demerit points
  3. (if applicable) issues an order of suspension
  4. (if applicable) issues an order requiring the completion of a driver improvement clinic
  5. Notifies your insurance company

Note: Demerit points can also be added to your record for traffic convictions incurred in other states

Breakdown of Demerit Points

(the number of years that the conviction stays on your DMV record is in parentheses)

Speeding 1-9 mph above the posted speed limit (5 years) 3 points
Impeding traffic – slow speed (5 years) 3 points
Speeding 10-19 mph above the posted speed limit (5 years) 4 points
Speeding more than 20 mph over the limit (can stay for up to 11 years)6 points

Virginia Code

46.2-870 Maximum Speed Limits Generally – § 46.2-870. Maximum speed limits generally (virginia.gov) 
46.2-878.3 Prepayment of fines for violations of speed limits – § 46.2-878.3. Prepayment of fines for violations of speed limits (virginia.gov)
  • Fine of $6 per mile per hour in excess of posted speed limits
  • Fine of $7 per mile per hour in excess of posted speed limits for violation of 46.2-873 (school crossing zone) and 46.2-878.1 (highway work zone)
  • Fine of + $8 per mile per hour in excess of posted speed limits for a violation of 46.2-878.2 (the maximum speed limit in certain residence districts of counties, cities, and towns). The $8 per is an addition to a $200 fine.
  • Any person who drives in excess of 80 miles per hour but less than 86 miles per hour on any highway having a speed limit of 65 miles per hour is subject to an additional $100 fine