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As the owner, founder, and managing attorney of Noorishad Law, P.C., Kaveh concentrates his practice in criminal and civil litigation across Virginia. Committed to helping people through difficult legal matters, he offers a free initial consultation.
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In many cases, accusations that a person has violated traffic laws will result in traffic tickets that involve fines. However, some traffic crimes are more serious, since they could result in criminal convictions. Reckless driving is one such offense, and it is a Class 1 misdemeanor that carries the possibility of jail time, a substantial fine, and a criminal record.
There are numerous situations where people may face reckless driving charges in the Leesburg area. When a person is accused of driving in a manner that a police officer believed to be dangerous, they may face serious consequences. At Noorishad Law, P.C., our lawyer can provide representation when defending against traffic crime charges. He understands how these cases work in Loudoun County courts, and he will work to resolve a case and help a person achieve the best possible outcome.
Charges related to excessive speeding can be more serious than a simple speeding ticket in some cases. If a person is accused of driving 20 miles per hour above the speed limit, they could be charged with reckless driving. This charge may also apply in any situation where a person drives 85 miles per hour or more, no matter the speed limit in the area where the offense occurred. On a highway with a speed limit of 70 miles per hour, a driver traveling at 86 miles per hour can be charged with a criminal offense, even if other nearby vehicles were driving at a similar speed.
State laws require drivers to stop when a school bus is stopped to load or unload children or other passengers. A failure to stop when required can lead to a reckless driving charge. This offense may apply whether a person was traveling in the same direction as the bus or approaching from the opposite direction on an undivided roadway. In some cases, a person may not have seen a school bus's flashing lights in time to stop, but they could still face charges for this offense.
Passing is prohibited in certain locations where visibility is limited. On two-lane roads, drivers are not allowed to pass other vehicles that are traveling in the same direction if they are approaching a hill or curve that prevents them from seeing vehicles approaching in the opposite direction. Reckless driving charges may apply even if no collision occurred and no other vehicle was present.
Driving a vehicle with faulty brakes or in another situation where a person is not in control of their vehicle could lead to reckless driving charges. In some situations, a driver may have been unaware of mechanical issues, but they could still face charges if there were reasons that they could not drive safely.
Racing with other vehicles on a public road or highway could lead to charges of reckless driving. Other situations may also be classified as "exhibition driving," and a person could face criminal charges if they engaged in behavior that put other people at risk.
Additional reckless driving offenses under Virginia law include:
In most cases involving reckless driving charges, a court appearance will be required. Unlike a standard traffic ticket that can be paid online or through the mail, a reckless driving charge is a criminal offense, and a person will be required to appear in court to answer the charges. Failing to appear could result in additional charges, and a warrant may be issued for a person's arrest. Our attorney can come to court with a cilent, provide guidance on the procedures that will be followed, and take steps to defend against a conviction or minimize the potential penalties.
Yes. A Class 1 misdemeanor conviction carries a potential jail sentence of up to 12 months. Jail time will not necessarily be imposed in every case. Harsher penalties may be more likely in cases where a person is accused of engaging in dangerous behavior, such as driving at a very high speed or causing an accident in which someone was injured. Our lawyer can present arguments and evidence to help mitigate the charges and reduce the likelihood of a jail sentence.
A conviction for reckless driving will add six demerit points to your Virginia driving record, and the charge will be visible to insurance companies. Reckless driving and other traffic offenses are seen as a significant risk factor, and this may result in an increase in insurance premiums. In some cases, insurance companies may choose not to renew a person's policy after a reckless driving conviction.
In most cases, Virginia will report the conviction to your home state. You may face penalties to your license in your home state, including points on your driving record or a license suspension. This will be in addition to the penalties you may face in Virginia for the conviction.
Reckless driving and aggressive driving are separate offenses. Aggressive driving involves committing two or more traffic violations in succession in a way that puts another person at risk of harm or is done for the purpose of harassment or intimidation. Aggressive driving is a less serious offense than reckless driving, and it is usually classified as a Class 2 misdemeanor. However, Class 1 misdemeanor charges may apply if a person allegedly acted with the intent to injure someone else.
In general, reckless driving is a Class 1 misdemeanor offense. A person who is convicted could be sentenced to up to 12 months in jail, and they could face fines as high as $2,500. Unlike a traffic ticket, a misdemeanor conviction cannot be expunged in Virginia. Records related to reckless driving offenses will be permanent, and they may appear on background checks conducted by employers, landlords, or licensing boards.
In some cases, reckless driving could be charged as a felony. If a person engaged in behavior that led to someone's death, and their driver's license had been suspended or revoked at the time of the offense, they could be charged with a Class 6 felony, punishable by one to five years in prison.
At Noorishad Law, P.C., our attorney can help you respond to a reckless driving charge and defend against a conviction. With his knowledge of Loudoun County courts and the ways these cases are prosecuted, he can argue that your conduct was not serious enough to be considered reckless driving, and he can take steps to reduce the charges or secure less serious penalties. He will work hard to protect your record, your license, and your future. Contact our Leesburg reckless driving lawyer at 703-542-4500 to set up a complimentary consultation.
People in Leesburg who face reckless driving charges will usually have their cases heard at the Loudoun County Circuit Court, located at:
We represent clients in Fairfax from our office in McLean, located at: