Do I need an attorney for a Reckless Driving by Speed charge?
Yes! The consequences of a Reckless Driving by Speed conviction are too serious to ignore: a permanent criminal record, jail, a suspended license, a huge fine, and long-term insurance increases.
You were pulled over for speeding, but how do you know if the officer charged you with Reckless Driving instead of just speeding?
In Virginia, police have discretion to charge Reckless Driving by Speed or simple speeding infraction at 20 miles per hour (mph) or faster over the limit. The police can also charge Reckless Driving by Speed at 86 mph or faster, no matter what the posted limit is. Sometimes, the officer tells you during the traffic stop that s/he’s charged you with Reckless Driving. If you're not sure, look at your ticket. The “DESCRIBE CHARGE” section might say “Reckless Driving” or it might just say the alleged speed and posted speed limit (e.g., “91/70”). The one sure way to know you’re facing a Reckless Driving by Speed charge is if the tickets cites to VA CODE section 46.2-862.
Isn’t it just a glorified speeding ticket?
No. A Reckless Driving by Speed charge is worse than a simple speeding ticket in many ways:
Reckless Driving by Speed in Virginia will give you a criminal record.
Simple speeding is a non-criminal violation. But Reckless Driving by Speed is a criminal charge. This means that if you are found guilty, you would have to answer “yes” if asked on an school or employment application, “Have you ever been convicted of a crime?” You might also be required to report the conviction to your college and/or your boss.
Reckless Driving by Speed can mean jail time.
A simple speeding ticket is a pre-payable traffic infraction that you can take care of online. But Reckless Driving by Speed is a jailable offense. It’s a class 1 misdemeanor in Virginia, the same as Assault & Battery, Shoplifting, or Trespassing. Look at the center of the ticket. Unless it explicitly says otherwise, without an attorney, you must come to court in person. If don’t show up, the judge could issue an arrest warrant for you.
Reckless Driving by Speed can mean a huge fine.
A simple speeding ticket is usually punished by a fine of approximately $6 per mph over the limit. So a speeding ticket for 75 mph in a posted 55 mph zone would be a $120 fine. But if the officer charged you with Reckless Driving by Speed for the exact same speed (75 mph in a posted 55 mph zone), the judge could impose a fine of up to $2500. That’s potentially 20 times more expensive.
Reckless Driving by Speed can result in suspension of your driver’s license.
A judge cannot suspend your driver’s license for a simple speeding ticket. But, if you have a Virginia driver license, the judge can suspend your license for six months if you are convicted of Reckless Driving by Speed. If your license is issued by another state, you could be barred from driving in Virginia for six months. Even worse, if your driver’s license is issued by states such as North Carolina, Pennsylvania, Massachusetts, or Georgia, a Reckless Driving by Speed conviction in Virginia could automatically suspend your driver’s license in your home state – even if the Virginia judge didn’t suspend your license!
Reckless Driving by Speed can put you on the verge of losing your Commercial Driver’s License (CDL) or disqualify you from driving for Uber/Lyft.
Professional drivers know how important it is to keep a clean driving record. Reckless Driving is considered a “serious traffic violation” for CDL holders. This means that a Reckless Driving by Speed conviction will put a truck driver one ticket away from losing his/her CDL (and his/her job). This is true even if s/he was driving a personal vehicle, not a tractor trailer, at the time of the ticket. And a Reckless Driving by Speed conviction will disqualify you from driving for Uber, Lyft, or other gig driving jobs.
Reckless Driving by Speed will make your auto insurance costs skyrocket for years.
A Reckless Driving by Speed conviction will increase your rates more, and for a longer time, than a simple speeding infraction. Every year, your insurance company looks at your driving history before sending you the bill for your premium. Almost any moving violation will make your insurance costs increase. For example, speeding 15 mph over might trigger a 30% insurance increase for a Virginia driver. But a Reckless driving by Speed conviction is usually much more expensive. For Virginia drivers, a speeding ticket stays on your driving history for 5 years (meaning up to 5 years of increased insurance costs). But a Reckless Driving by Speed conviction sticks around for 11 years (so you will be paying more per year for insurance for more than twice as long).
THE TAKEAWAY
Reckless Driving by Speed is a serious charge that has serious consequences. You should hire an attorney familiar with the jurisdiction. I regularly handle cases in Botetourt County, Montgomery County, Roanoke County, Salem City, Roanoke City, Craig County, Floyd County, Bedford County, Lexington/Rockbridge County, Franklin County, and several other jurisdictions. I can let you know what needs to be done before trial to maximize your chances of having the charge reduced to a non-criminal infraction. And in many cases, despite what the ticket says, I can go to court for you.
When you or someone you know is facing a Reckless Driving by Speed charge, please call or text me at 703-772-7948. I will listen to your concerns with respect, walk you through what is likely to happen, and explain your legal options.
- Attorney Kevin Gick
This blog is for general informational purposes only. The disposition of a Reckless Driving by Speed charge in Virginia varies widely by jurisdiction and by judge.