Can I Get My Virginia Reckless Driving Charge Reduced?
How to Get a Reckless Driving Ticket Reduced in Virginia
With as many miles as Virginia drivers log on the roads, it’s easy to make a driving mistake. Unfortunately, some driving mistakes can injure others or leave you with a criminal record.
Even if you didn’t get into an accident or hurt anyone, a police officer can charge you with reckless driving. Sometimes you can drive “recklessly” without even knowing it. This standard is surprisingly easy to meet.
If you’ve been charged with reckless driving, you need an expert Virginia Reckless Driving Defense attorney. You face a hefty fine, possible jail time, and a criminal record. With your finances and freedom on the line, you don’t want to chance the consequences of defending yourself against a reckless driving charge.
How do you get a reckless driving ticket reduced? Call traffic attorney Andrew Flusche for a free consultation to discuss your reckless driving charge. I’ve helped hundreds of clients get their traffic charges for Virginia reckless driving reduced or dismissed, and I would like to help you too.
If you’d like information on how to get a reckless driving ticket reduced, keep reading.
Jump to:
- What Facts Matter Most in Determining Whether Reckless Driving Be Reduced to Improper Driving in Virginia?
- What Are the Common Arguments Made for Reducing a Reckless Driving Charge in Virginia?
- What Is the Difference in Penalties Between Reckless Driving and Improper Driving?
- Client Testimonials from Folks Whose Reckless Driving Tickets I Helped Get Reduced
- Call a Reckless Driving Traffic Attorney in Virginia
What Facts Matter Most in Determining Whether Reckless Driving Be Reduced to Improper Driving in Virginia?
A judge will want to know why you were charged with reckless driving. The police may have cited many reasons:
- Speed
- Running a red light,
- Driving distracted due to texting,
- Following too closely,
- Road rage, or
- Failure to turn on headlights.
Speed is the reason most frequently used for a reckless driving charge. In Virginia, these speeds can bring a charge of reckless driving (Va. Code Ann.§ 46.2-852, § 46.2-869):
- Driving 20 mph or more over the speed limit,
- Driving over 80 mph, or
- Driving recklessly in a manner that endangers someone’s life or property.
On the other hand, some circumstances can work in your favor. A judge may be more willing to reduce or dismiss your charge if:
- You have a clean driving record,
- You were barely over the reckless driving speeding limit,
- You agree to perform community service, or
- You agree to take a driver education course.
If you are charged with reckless driving because you were speeding, a Virginia traffic attorney can try to persuade the judge to reduce your charge to a simple speeding ticket. If you were charged with reckless driving for another reason, I can try to reduce your charge to improper driving.
Virginia law allows a judge to reduce a reckless driving charge to improper driving if “culpability is slight.” This means that I will try to convince the judge that you don’t have much blame for your reckless driving.
Common Arguments Made For Reducing a Reckless Driving Charge in Virginia
When you talk with me for a free consultation, I will show you all the available strategies for reducing your reckless driving charge. I will investigate the facts of your case and determine which legal strategy has the best possibility for success.
Here are a few arguments to reduce your reckless driving charge.
1. The Officer Doesn’t Show Up
If the police officer doesn’t show up to court, your case may be dismissed. It’s not an automatic dismissal, and the judge may allow your case to proceed if the officer has a good excuse for missing court.
2. The Officer Doesn’t Have Paperwork
The officer must bring paperwork to show his equipment (such as a radar gun) was calibrated correctly. If the officer doesn’t bring paperwork to prove the validity of his citation, your case may be dismissed.
3. Charges for Virginia Reckless Driving Reduced by Negotiation
I will attempt to negotiate your charges down with the judge or prosecutor. The primary objective is to get your case dismissed. If I can’t get your charge dismissed, achieving a downgraded charge is often possible.
Recent Case Result: Reckless Driving Dismissed Due to No Proof of Driver’s Identity
(Cases depend upon unique facts. Past cases do not guarantee future outcomes.)
THE STORY: John Smith (pseudonym) came to me with a serious reckless driving accident ticket. He didn’t have a great driving record to begin with, and he was worried about what impact this ticket would have on his future.
I plead not guilty for John and fought the case in court. The deputy testified about the nature of the accident and what vehicles were involved. Two other drivers who were involved came to court and testified as well about what happened – alleging that “Mr. Smith” hit them with his vehicle.
I made what’s called a “motion to strike,” which means that even if the judge believed everything the witnesses said, there is still a fatal flaw in the Commonwealths’ case. In this case, the Commonwealth had no proof that John Smith was the driver of the vehicle. Nobody ever identified him by his full name at all, much less by his driver’s license or any other identifiers. The witnesses had all simply referred to him as “Mr. Smith.”
CASE OUTCOME: The judge agreed with my argument and DISMISSED the case against John. This protected John from a misdemeanor conviction and possibly losing his driver’s license.
What Is the Difference in Penalties Between Reckless Driving and Improper Driving?
In Virginia, reckless driving is a Class 1 misdemeanor, which is the highest level misdemeanor. Reckless driving brings the following penalties:
- Up to $2,500 fine,
- Up to a year in jail,
- Suspension or revocation of your driver’s license, and
- Six points on your driving record that stay in place for 11 years.
Reckless driving can lead to you having a permanent criminal record. Improper driving is a low-level driving ticket that brings these reduced penalties:
- A fine of up to $500 and
- Three points on your driving record that go away after three years.
To get your Virginia reckless driving charge reduced or dismissed, you should consult an experienced traffic attorney. The potential to reduce your claim depends on the specifics of your charge, but expect that I’ll try every available legal strategy to achieve success in your case.
Client Testimonials from Folks Whose Reckless Driving Tickets I Helped Get Reduced
Below you will find testimonials from clients who received reckless driving tickets:
Contact Our Reckless Driving Defense Lawyer in Virginia
If you need assistance with your reckless driving charge in Virginia, contact Flusche & Fitz. We offer a free consultation, where we will discuss your charge and your legal options.
We have helped thousands of clients get their traffic violations for Virginia reckless driving reduced or dismissed, and we’re ready to help you too.
We limit our practice to traffic and misdemeanors, so we know this area of Virginia law from top to bottom. Andrew Flusche even authored a book on reckless driving in Virginia, and it became the highest-rated Virginia reckless driving resource on Amazon.
If you have a reckless driving ticket, contact us today or download this free book so you can learn more about reckless driving defenses. We will fight for your license, your job, your freedom, and even your insurance rates.
Don’t let this charge impact your future.Contact our office to get the legal help you need today.
Charged with reckless driving in VA? Contact my office now to begin your defense: