Hampton Roads Reckless by Speed Lawyer
Reckless is driving is one of the more common criminal charges in Hampton Roads, but judges still take this charge seriously. Someone convicted of reckless driving could face fines, insurance increases, or even jail time.
If you have been accused of reckless driving, you should not go to court unprepared. Contact an experienced Hampton Roads reckless by speed lawyer today and set up a consultation. Having an experienced attorney by your side could lead to a better outcome in your case.
Definition of Reckless Driving by Speed
In Virginia, there are different definitions of reckless driving by speed. The first is when a person is traveling 20 miles per hour or more over the speed limit. That is considered reckless driving. If a person is traveling faster than 80 miles per hour, that is also considered reckless driving. If a person is operating at a speed that is unsafe for road conditions, even if it is below a posted speed limit, that can be considered reckless driving. For example, if a person is driving the speed limit but the weather is such that they should reduce their speed, that can be considered reckless driving because it endangers their own life, liberty, and property as well as those of another driver.
Difference Between Reckless Driving and Regular Speeding
There are some factors that make reckless driving by speed a different type of charge than a regular speeding ticket. With reckless driving, a person is a danger to their own life or property or those of another person. Generally, the difference between reckless driving by speed and a regular speeding ticket is that reckless driving involves traveling at higher rates of speed. Speeding tickets usually are for rates of speed 20 miles per hour over the speed limit or less.
The summons is the same for regular speeding tickets and reckless driving by speed. However, there are different code sections for reckless driving and speeding, and the summons will indicate which charge has been attributed to the person. A Hampton Roads reckless by speed lawyer could understand how to craft a defense to the specific charges that a person may face.
Reckless Driving Penalties and Consequences
Reckless driving is considered a Class One misdemeanor, which is a criminal charge. A convicted person will have to disclose that conviction on background checks. This can cause problems for some people, and it can also lead to an automatic license suspension in some cases.
If the driver was driving exceptionally fast, that charge may be treated more seriously by judges and could even result in jail time, in some jurisdictions. Other charges of reckless driving may not have possible jail time unless an injury has occurred.
If a person with a Commercial Driver’s License is convicted of reckless driving, it may result in either a suspension or loss of their CDL privileges. When the driver has a CDL, judges are not allowed to reduce the charge if the evidence has been shown to be sufficient. This is because federal law understands that CDL drivers are held to a higher standard than regular drivers. However, if a person has a good record other than this transgression, and if there are no aggravating factors about this particular ticket, judges may be willing to work with the defense to help the driver.
How a Hampton Roads Traffic Attorney Could Help
A person who is charged with reckless driving in Virginia should hire a lawyer because a misdemeanor is a criminal offense. This charge carries the possibility of jail time, and it is not unusual for the court to sentence someone to jail if they were traveling at a very high speed. If a person is convicted, they will have a criminal charge on their record, which can affect background checks. It also can lead to a higher insurance rate and it can affect a person’s privilege to drive.
An attorney can help someone who has been charged with reckless driving by gathering evidence to understand the specifics of the charge and by going through the mitigating factors that exist in the case. They try to show the reasons that this situation occurred and show the judge that the person is not normally a reckless driver. If you were charged with reckless driving, contact a Hampton Roads reckless by speed lawyer without delay.