Ashburn Reckless Driving Lawyer

There are many reasons that people may be accused of acting recklessly while behind the wheel. Someone may have driven above the speed limit, passed another vehicle illegally, continued through an intersection after a light changed, or taken other actions that may have put others in danger. However, while these actions may lead to traffic violations, they may not be serious enough to result in reckless driving charges.

Reckless driving is a criminal offense with penalties that go beyond what a person may face after a traffic ticket. When a person is convicted of reckless driving, they could face a potential jail sentence and be required to pay fines as high as several thousand dollars. They will also have a criminal record that could affect their ability to find employment or maintain a professional license. Because of the high stakes in reckless driving cases, legal representation can be essential. The attorney at Noorishad Law, P.C. can provide the guidance needed to resolve these charges successfully.

Understanding Reckless Driving Charges in Virginia

The general definition of reckless driving that is provided in Virginia law states that a person may be charged with this offense if they operate a motor vehicle in a way that puts someone else at risk of dying or being seriously injured. This definition is broad enough to include a number of behaviors that may be considered unsafe. However, there are some specific reasons why a person may face reckless driving charges, including unsafe passing, street racing, or driving at very high speeds.

Reckless driving is a Class 1 misdemeanor in most cases. A Class 1 misdemeanor carries a penalty of up to 12 months in jail and a fine of up to $2,500. In cases where reckless driving allegedly resulted in someone's death, and a person was driving after their license had been suspended or revoked for a traffic violation, an offense may be charged as a Class 6 felony, which could lead to a prison sentence lasting from one to five years.

Common Reasons for Reckless Driving Charges

Reckless Driving After an Accident

If a law enforcement officer responds to an accident scene and determines that a driver was operating their vehicle in a manner that endangered others, that driver may be charged with reckless driving. An officer may assess the scene, review physical evidence such as skid marks and vehicle damage, speak with witnesses, and take other steps to determine what happened. Based on this information, the officer may decide that a driver's behavior was reckless, and they may arrest the driver on this basis.

Excessive Speed

Accusations of speeding may not necessarily lead to reckless driving charges. However, a person who allegedly violated the speed limit by at least 20 MPH can be charged with reckless driving. Driving at a speed of at least 85 MPH may also be considered reckless driving. Other situations involving speeding could lead to criminal charges, such as accusations that a person was driving at an unsafe speed in an area with a large amount of pedestrian traffic and was not paying attention to how their actions may have affected the safety of others.

Aggressive Driving

A traffic stop for aggressive driving can result in reckless driving charges based on claims that a person's behavior showed a disregard for the safety of others. Aggressive driving may include following behind another vehicle too closely, cutting off other drivers, making unsafe lane changes, refusing to yield the right of way, or engaging in confrontational behavior while behind the wheel.

Street Racing

Drag racing or any other form of racing on highways or roads that are open to the public can lead to serious criminal charges. Street racing is seen as dangerous, since it could lead to accidents that may lead to injuries affecting multiple people or damage to roads or nearby structures. Because of these issues, drivers who engage in racing could be arrested for reckless driving.

Driving Unsafely Around a School Bus

When approaching a stopped school bus, other vehicles are required to stop when the bus's red lights are flashing. This requirement applies to vehicles traveling in the same direction as a bus or vehicles on the other side of the road in situations where there is no median or barrier. A driver who does not stop as required when a school bus is loading or unloading children may be charged with reckless driving.

Driving With Faulty Brakes

Working brakes are crucial to ensure that a driver can stop when necessary and avoid dangerous situations. Faulty brakes could lead to serious car accidents and injuries. If a police officer believed that a driver was aware of brake problems and continued to drive when their vehicle was unsafe, they may arrest the driver for reckless driving.