Archive for the ‘Traffic’ Category

Reckless Driving in Virginia

Saturday, June 11th, 2011

Have you been charged with Reckless Driving?

Reckless Driving in Virginia is more than a glorified speeding ticket.  It is a class 1 misdemeanor that can result in up to 12 months in jail and a fine of $2500!

That’s right!  Reckless Driving in Virginia is a CRIME that will remain on your record FOREVER.

The judge will probably not order the maximum penalty for a first offense Reckless Driving charge.  However, there is a really good chance of receiving a hefty fine and a suspension of your driving privileges.  Regardless of the other conditions, the part of the guilty verdict that results in the finding of guilt of a crime remains.

Why is this important?  I had a potential client call me because she was trying to rent an apartment in Florida and they did not approve her application because her name came up when they did a criminal background check.  Yep…it was the Reckless Driving ticket she got 5 years before that showed up as a ‘criminal conviction’ with really no other information explaining that it was for driving at excessive speed.  Unfortunately, there isn’t a lot we can do except try to get the records to explain that this was a speeding matter and not something that most of us think of as ‘more criminal’ in nature.  By the time we could arrange all of this, the apartment was no longer available, but at least the Potential Client has the information for the next time this happens.

So, what is Reckless Driving?  Reckless Driving is driving at any speed that is in excess of 20 miles over the posted speed limit OR driving at a speed in excess of 80 MPH (regardless of the posted speed limit) OR any driving action that is perceived by the officer to be driving in a manner so as to endanger the life, limb, or property of any person.

When they raised the speed limit on most of the interstates in Virginia to 70 MPH, they did not change the limit for Reckless Driving.  I know most people think you can go 10 miles over the speed limit and not get caught, but this is something you should really be aware of.   (As a side note, I’ve been in court when people were found guilty of going 4 miles over the posted speed limit.  After all, it was technically over the posted limit.)

The bottom line is to take a ticket for Reckless Driving very seriously.  I would suggest that you consider the ticket for Reckless Driving as being the same as being arrested for any other crime.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Should I fight my traffic ticket?

Thursday, June 10th, 2010

Virginia is tough on drivers who speed.

I’ve talked before about Reckless Driving, which is really so much more than just a speeding ticket.

But what about your ‘garden variety’ speeding ticket that doesn’t rise to the level of Reckless Driving?  Most of these tickets can be paid online through the court website and you don’t need to show up at all.  But is it a good idea to just pay the ticket?

That’s really a personal decision.  The ticket itself may not cost much.  and I’ve had client’s tell me that they really don’t want to spend the money for an attorney to go to court to fight the ticket.  I can understand that.

But you also need to consider the increased cost of your insurance.  I had a client who got 2 speeding tickets within 3 months and his insurance bill went from $250 every 6 months to over $600 every 6 months.  That $700 a year in increased insurance cost would have paid for an attorney in just one year.  (and his increased insurance rate will go on for much longer than one year).

Something to think about.

Don’t drink and drive….ANYTHING!

Tuesday, January 5th, 2010

This recent post by Andrew Flusche points out that you can get ticket for DUI if you are driving anything on the streets and you have been drinking.

Here in Hampton Roads, where there we have lots of water and lots of boats, we find a number of people each year that get arrested for DUI when drinking and then driving a boat or jet ski.

To expand on Andrew’s advice….if you are going to drink….don’t drive ANYTHING!