What if I didn't know I was driving so fast? What if I was trying to get to a rest stop to use the bathroom? Will I get jailtime? What do I do when I get a ticket for reckless driving in Virginia?
Call (804) 873-4004 for help with your reckless driving case.
In this video, we cover a few common misconceptions about reckless driving in Virginia and explain what you need to do immediately if you have a ticket for reckless driving.
So every state is different on reckless driving. Virginia's reckless driving law is, in some ways it's the most severe because it's the only state that I'm aware of that it's reckless driving to drive 81 miles an hour in a 70 zone. So in Virginia, you can be going 11 miles over the speed limit, which a lot of people do, and it's a class one criminal misdemeanor, which will leave you with a criminal record if you don't get it reduced.
there are several common misconceptions about possible defenses in traffic cases. The first would be that you were just going with the flow of the traffic. Going with the flow of the traffic is not a defense to a reckless driving charge. If the flow of the traffic is exceeding the speed limit, the officer is justified in pulling one or all of the individuals over on the side of the road. And just because you are in that pack doesn't mean that you're also not guilty even if he didn't pull anyone else over. Having a clean driving record is not a defense to a reckless driving charge. While it would certainly help if you hired an attorney who went to court for you it's not a defense as to whether you're guilty of reckless driving. Having your cruise control set at a particular speed is not a defense to a reckless driving charge. If the officer clocked you at a particular speed the fact that you had your cruise control is only a piece of evidence and it doesn't mean you're not guilty.
People in Virginia do go to jail. There was a Washington Nationals pitcher or a baseball player who went to jail for 10 days for reckless driving by speed. So whether or not you are realistically facing jail time for a reckless driving ticket depends on the facts of the case. So if it's reckless driving by speed, typically higher-speed cases that are over 90 miles an hour, over 100 miles an hour certainly, or 30 or more over the speed limit, those are in areas where jail time is potentially on the table. If you were reckless driving in a school zone, depending on how high you were above the speed limit, you could absolutely get some jail time for that. So if you have a reckless driving ticket the first thing you wanna do is contact an attorney who is very familiar with the court that your case is in. So look at your ticket. Yours summon to appear is gonna tell you what court you're summoned to appear in. And you're gonna want to talk to an attorney who is knowledgeable and experienced in that particular court. A lot of people contact me for courts that are in Fairfax or other parts of the state where we don't go. And every court does things differently and even at different speeds. So in some courts, you might be facing potential jail time and in other courts, you might be able to get a charge reduced even at the same speed with the same driving record and the same set of facts.
Something that differentiates Leavitt & Martin from other law firms is that Dan and myself, we handle our cases personally. We don't have associates that handle our cases for us. We don't send associates to court to handle your cases. You will get straightforward, direct attention from both Dan and me, and we will handle them personally. Furthermore, we see ourselves as counselors of the law. And that means we don't just look at legal defenses. We also look at solutions that will help you as a person avoid these sorts of situations in the future.
if you received a ticket in Virginia you should pick up the phone and call us for a free consultation. We're also happy to talk to you about whether or not we think you need a lawyer. It doesn't cost you anything and you should call us today.
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Leavitt & Martin, PLLC
14413 Justice Rd.
Suite 1
Midlothian, VA 23113
(804) 873-4004
