Virginia comes down hard on those charged with reckless driving in Virginia. Under state law, what is considered reckless driving in VA includes driving 20 miles per hour or more over the posted speed limit or exceeding 85 miles per hour, regardless of the speed limit. Reckless driving is classified as a Class 1 misdemeanor, which can lead to a reckless driving conviction, creating a criminal record and involving harsh penalties. This severity often prompts people to ask, “How many miles over the speed limit is reckless driving in Virginia?” Knowing the law and consulting an experienced attorney can make a significant difference in your case.
Speeding is taken very seriously by Virginia police officers, so it is important to understand the state’s speeding laws rather than learn the hard way. If you have been charged with reckless driving, you need to protect your rights by contacting an aggressive Virginia reckless driving lawyer. The knowledgeable criminal defense attorney from the Law Offices of Michael A. Pignone has helped thousands of clients fight criminal charges in Virginia and can help defend you against reckless driving charges.
General Speeding vs. Reckless Speeding
Virginia does not consider all speeding violations to be reckless driving in Virginia. A reckless driving case arises when someone’s excessive speeding or disregard for highway and traffic conditions endangers people’s lives or property by operating a motor vehicle on a highway recklessly.
General traffic infractions, like standard speeding tickets, are issued when someone drives 1 to 19 miles over the speed limit or up to 84 miles per hour. However, driving at speeds of 20 miles per hour or more over the posted limit or exceeding 85 miles per hour, regardless of the speed limit, constitutes reckless driving.
If caught in such a scenario, you may face severe reckless driving penalties. In some cases, the charge may be reduced to improper driving, which is a lesser offense with lighter penalties. Driving at or below the speed limit is the simplest way to avoid such citations and ensure compliance with Virginia’s strict traffic laws.
If a police officer catches you driving over 85 mph or 20 mph (or more) above the speed limit, you may receive a Class 1 misdemeanor summons to court for reckless driving. If you are pulled over for speeding, you should cooperate and be polite to the police officer. A Virginia reckless driving lawyer can help you fight these charges if you received the summons or ticket in error.
The penalties for reckless driving in Virginia will depend on several factors. A few of these factors include your driving record and the details of your case. A conviction for reckless driving in Virginia can include penalties like fines, court costs, jail time, and loss of your license.
Reckless driving is a misdemeanor offense, so Virginia does not allow you to pay for a reckless driving ticket right away. You will be required to show up in court to deal with your charges. If the judge finds you guilty of reckless driving, you could face the following penalties:
- A fine of up to $2,500, though judges can use their judgment based on the usual practices in their jurisdiction and your driving record
- Up to 12 months of jail time
- Suspension of your driver’s license from 10 days up to six months
- The court could assign you a restricted license, allowing you only to travel to specific destinations, such as community service, court appearances, picking up and dropping off children from school, and doctor visits at set times
- Insurance premiums may be increased depending on your auto insurance company, your official driving record, and your insurance policy
- Virginia uses a detailed point system where everyone starts at zero points and gains one point annually if they receive no tickets. If a guilty verdict of reckless driving is entered, 6 demerit points could be placed on your record and would remain on your driving record for eleven years.
You will have a criminal record if you are convicted of a misdemeanor in Virginia. Criminal records can cause difficulty in passing background checks for the military, rental applications, work, or school. It is important to have an attorney working on your case prior to going to court to answer your charges.
Can You Get Jail Time for Reckless Driving?
Reckless driving in Virginia is a Class 1 misdemeanor, meaning it is a criminal case and more severe than a moving violation or a standard speeding ticket. Under Virginia law, reckless driving includes exceeding the maximum speeds permitted, failing to maintain proper control, or operating an overloaded vehicle. Unlike receiving a warning or speeding ticket, a conviction could result in criminal charges, fines, and even jail time.
You may wonder if you could face jail time for reckless driving in Virginia. The likelihood of jail time depends on factors such as the details of your case, whether you were traveling significantly over the speed limit, and any mitigating factors. For instance, state drivers pulled over for traveling at 90 miles per hour or more may face harsher penalties, including license suspension, particularly if they were found in violation of designated lanes, under the influence of substances, or driving with faulty brakes.
Jail time may also vary depending on the county where your charges were brought and the judge presiding over your case. Although jail time is less likely for first-time offenders, especially with the successful completion of certain programs, it’s essential to have legal representation. An experienced attorney can build reasonable doubt, highlight mitigating circumstances, and advocate for a reduced sentence or dismissal.
The Law Offices of Michael A. Pignone is a law firm that specializes in defending Virginia drivers against reckless driving charges. With the right legal defense, there is a realistic possibility of avoiding jail time and protecting your driver’s license from suspension. Contact us today to discuss your case.
When Does a Speeding Case Warrant Hiring an Attorney?
An experienced traffic defense attorney from the Law Offices of Michael A. Pignone should be called if you believe you have been wrongly summoned or ticketed for regular speeding tickets or if you were caught speeding excessively. Hiring an attorney is especially important if your situation escalates to a reckless driving case. Reckless driving in Virginia involves more severe charges than standard speeding, such as exceeding the maximum speeds permitted, failing to use proper signals, or engaging in aggressive driving behaviors.
If convicted, you could face serious consequences, such as a suspended license, hefty fines, or even jail time. A dedicated reckless driving lawyer can help defend your legal rights and work to reduce or dismiss your charges, ensuring the best possible outcome for your case.
A Virginia prosecutor’s job is to prove beyond a reasonable doubt that you broke a law. Reckless driving charges will not stick if the prosecutor cannot make their case. An experienced attorney can poke holes in the prosecution’s case, instilling doubt about the validity of the charges.
Michael A. Pignone knows which defenses can be used against Virginia’s reckless driving charges. Our law firm will work closely with you to discuss the details of your case prior to your court date. You will be equipped with the most effective defense plan to help get your reckless driving charge waived or reduced.
Contact Our Reckless Driving Attorney Today
Speeding is taken very seriously in Virginia and attempting to handle your charges alone is never a good idea. Reach out to our aggressive reckless driving attorney, Michael A. Pignone, using our online form to schedule a consultation for such reckless driving case.
Michael Pignone
Michael Pignone was raised and has lived in Prince William County since 1972. He attended public schools in the county and graduated high school from Osbourn High in Manassas. Following high school, he attended George Mason University where he graduated with honors from the Business School with a Bachelor’s Degree in Finance. He was then accepted into, and graduated with honors from, Suffolk Law School in Boston, Massachusetts. Before entering private practice, he clerked for the Prosecutor in the Prince William County Commonwealth’s Attorney’s Office.
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