Penalties for Reckless Driving in Marion | Virginia Reckless Driving Lawyer
Marion has some of the most breathtaking views in the country, along with a charming cultural scene. From Hungry Mother State Park and Mount Rogers National Recreation Area to the Lincoln Theater, Past Time Antique Emporium, and numerous art galleries, the city impeccably combines old-world charm with modern amenities.[1]
Named “America’s Coolest Hometown,” Marion welcomes thousands of visitors each year. Located off Interstate 81, the town is a hot spot for speed traps for unsuspecting residents and visitors who may be issued citations for both speeding and reckless driving.
Many drivers are surprised to learn that reckless driving in Virginia is not just a traffic violation — it is a criminal charge. Even if no accident occurs, a conviction can result in a permanent criminal record that follows you for life. Because Marion is a popular destination along Interstate 81, many out-of-state drivers also find themselves facing these unexpected charges, adding additional complications to their legal situation.
Those convicted often face some or all of the following penalties:
- Costly fines
- Demerit points on a driving record
- Driver’s license revocation for up to two years
- Increased Insurance Premiums
- Incarceration
Because the ramifications of a reckless driving conviction are so steep, we highly encourage drivers to contest tickets, as contesting a ticket may result in dismissal or significantly reduced penalties. At The Law Offices of Mark T. Hurt, we can help.
Firm founding attorney Mark Hurt has a reputation for being an aggressive and tenacious litigator with a track record of success in speeding and reckless driving cases. If you received a ticket for reckless driving, call our firm today to schedule a free consultation. We can evaluate the circumstances of your case and explain your legal options for potentially contesting your charges, as well as how we can help you.
We represent residents and visitors of Marion and the surrounding communities, including McMullin, Attoway, Mount Carmel, Atkins, Adwolf, Holston Mill, North Fork, Quebec, Grose Close, Rye Valley, and throughout Southwest Virginia.
What Is Considered Reckless Driving in Marion?
Most people think of reckless driving as engaging in dangerous driving, such as swerving in and out of lanes, tailgating, or traveling at extremely high speeds. However, in Virginia, driving merely 20 miles over the speed limit or more than 85 miles per hour (regardless of the speed limit) is reckless driving. This means that a person driving on a highway with a speed limit of 70 could be cited for reckless driving for exceeding the speed limit by only 15 miles per hour.[2]
For example, a driver heading through Marion at 86 mph on I-81 could face jail time, fines, and license suspension, even without causing an accident or driving under the influence. This law highlights how serious Virginia is about roadway safety.
In addition to speeding, under Virginia law, reckless driving citation can be issued for a variety of other reasons, including:
- Driving in a manner so as to endanger life, limb, or property of any person
- Racing
- Failing to give proper signals
- Passing at a railroad grade crossing
- Failing to yield right-of-way
- Aggressive driving
- Driving next to another car in a single lane
- Driving impaired or with an obstructed view
- Driving with faulty brakes or a car that is not under control
- Speeding through parking lots
If an individual is convicted of a reckless driving offense, their license may be suspended for up to two years. In the case of racing, a vehicle can be seized and forfeited to the Commonwealth, meaning the state could take away a vehicle.
If you were cited for reckless driving, we urge you not to gamble with the outcome of your case by representing yourself. Call our firm and take advantage of our free consultation to get answers about your legal options.
In most cases, we are able to appear on behalf of our client in court, so you won’t need to take time off of work or travel to the courthouse.
What Happens If You’re Charged While Traveling Through Marion?
Out-of-state drivers often face unique challenges when cited for reckless driving in Marion. If you’re unfamiliar with Virginia’s legal system, it’s easy to underestimate the seriousness of the charge or miss critical deadlines—both of which can worsen the outcome. For example, failing to appear in court or properly respond to a summons can result in a bench warrant, license suspension, or additional legal consequences in your home state due to inter-state agreements. At The Law Offices of Mark T. Hurt, we work to minimize the disruption to your life. In most cases, we can appear in court on your behalf, communicate with the local prosecutor, and negotiate for a favorable resolution—all while keeping you informed throughout the process. Our goal is to help you avoid unnecessary travel, protect your driving record, and reduce or eliminate the long-term impact of the charge.
How a Reckless Driving Conviction Can Affect Your Job and Professional Licensing
Reckless driving in Virginia is a criminal offense, not just a traffic violation, and the consequences can go far beyond the courtroom. Here are several ways a conviction could negatively impact your employment and professional future:
1. Licensed Professionals May Face Disciplinary Action
If you’re a nurse, teacher, commercial driver, or hold any other professional license, a conviction may trigger mandatory reporting requirements. This can lead to disciplinary hearings, suspension, or even revocation of your license depending on your field’s regulatory board.
2. Job Applicants Could Be Disqualified
Many employers conduct background checks as part of the hiring process. A Class 1 misdemeanor on your record could result in being passed over for jobs especially in industries requiring high standards of trust and responsibility.
3. Your Employer May Take Internal Action
Even if you’re already employed, your company may have internal policies regarding criminal offenses. A reckless driving conviction could be grounds for suspension, reassignment, or termination, particularly in roles involving driving or public safety.
4. Future Career Advancement May Be Limited
Some promotions or position changes (especially those involving leadership or security clearance) require updated background checks. A criminal record may prevent you from moving up within your organization or changing careers down the line.
5. Reputation and Professional Relationships Can Suffer
In some fields, perception is everything. A conviction, even for a seemingly minor offense like reckless driving, can damage your professional reputation and erode trust among peers, clients, or patients.
Can You Remove a Reckless Driving Charge from Your Record?
In Virginia, reckless driving convictions remain on your criminal and driving records for years, potentially for life. Unlike some other states, Virginia does not allow for expungement of a reckless driving conviction unless the case is dismissed or you are found not guilty. That’s why it’s essential to contest the charge from the outset with a strategic legal defense. Our goal is always to seek case dismissal or negotiate a reduction to a non-criminal traffic infraction when possible.
Why You Shouldn’t Just Pay the Fine
Some drivers assume they can “take care of it” by paying the ticket and moving on—but that is not the case with reckless driving in Virginia. Paying the fine is considered an admission of guilt and results in a conviction on your record. This could lead to increased insurance premiums, license suspension, or even jail time depending on your driving history and the circumstances. It’s always better to consult an experienced attorney to explore safer legal alternatives before paying anything.
What Evidence Can Help Reduce or Dismiss Your Charges?
In reckless driving cases, small details can make a big difference. The right evidence can challenge the officer’s version of events and strengthen your defense. Here are several types of evidence that may support a more favorable outcome:
1. GPS or Vehicle Telematics Data
Modern vehicles often track speed and location. GPS logs or telematics reports from your car can help prove you weren’t driving as fast as alleged or show consistent, safe driving behavior prior to the stop.
2. Dashcam Footage
Dashcam video can be incredibly valuable. It may capture the driving conditions, surrounding traffic behavior, or the officer’s conduct during the stop, all of which could support your case.
3. Weather Reports
Road and weather conditions (such as rain, fog, or snow) can play a role in how your driving is interpreted. For example, reduced visibility may explain why a driver didn’t respond as expected without necessarily implying recklessness.
4. Witness Statements
Passengers or bystanders may be able to testify about your driving behavior or provide a different account of the incident that contradicts the officer’s report.
5. Photographs of the Scene
Pictures of the road, signage, traffic flow, or environmental factors (like construction zones or obstructed views) can help clarify circumstances and bolster your explanation.
6. Maintenance or Vehicle Condition Reports
If faulty brakes, tire issues, or other mechanical failures contributed to the incident, repair records or mechanic reports could shift some of the liability away from the driver.
7. Cell Phone Records or Emergency Logs
In some cases, showing that you were calling 911 or navigating to a hospital, for example, can provide context for urgent driving behavior.
Reckless Driving Charges for Commercial Drivers
Commercial drivers (CDL holders) face especially harsh consequences when cited for reckless driving in Virginia. A conviction may not only result in fines and points. It can also lead to the suspension of your CDL, job loss, and barriers to future employment. Our firm is highly experienced in representing commercial drivers and understands what’s at stake. We work aggressively to preserve your record and livelihood.
What Are the Penalties for a Reckless Driving Conviction in Virginia?
Under Virginia law,[3] reckless driving is guilty of a Class 1 Misdemeanor. If an individual drives without a valid driver’s license or causes a fatal accident while recklessly operating a vehicle, they will incur a Class 6 felony. In either case, if convicted of reckless driving, an individual will have a criminal record for life, as Virginia does not allow for expungements (so there is no way to clear a criminal record). This can be highly detrimental in the case of a background check for a potential job.
In addition to a lifelong criminal record, a mandatory minimum fine of $250, a license suspension for up to two years, and jail time may be assessed.
How Much Does a Marion Reckless Driving Lawyer Cost?
At The Law Offices of Mark T. Hurt, we provide affordable, fixed-fee representation, and we accept major credit cards. In most instances, we can handle a case without the need for a client to appear in court. This means that you will not have to take time off work or drive back to Marion (if you live out-of-state or in a different county).
Fixed-fee representation provides peace of mind, especially for clients who live out of town or out of state. You know exactly what you’ll pay with no hidden costs, and your case can often be handled without the stress of returning to court personally.
How Can Hiring a Virginia Reckless Driving Lawyer Help My Case?
Firm founding attorney and Duke Law graduate Mark Hurt has over 25 years of litigation experience. He regularly appears on behalf of clients before the same prosecutors and judges, so he is familiar with the local judges and how they approach different types of cases. While no guaranty of a successful outcome can ever be made, Mark has a successful track record of obtaining dismissals or arranging for plea bargains (subject to court approval) for lesser charges and penalties, as well as securing “not guilty” verdicts for clients.
Mark has a reputation for being a tenacious litigator who knows how to get positive results in traffic citation cases. He will not hesitate to go to trial if a client wishes to contest guilt, and he will aggressively fight for the best outcome possible.
Call Our Office Today – 24/7 – to Schedule a Free Consultation with a Marion Speeding and Reckless Driving Attorney!
We have a passion for helping clients obtain better outcomes in reckless driving, speeding, and traffic citation cases. At The Law Offices of Mark T. Hurt, we will do everything in our power in seeking to get you a favorable outcome for your ticket.
To get started, please contact our firm to schedule a complimentary consultation. We are available 24 hours a day to answer your call, so please feel free to contact us day or night.
We look forward to speaking with you!
[1] Marion Tourism: Best of Marion, Tripadvisor, https://www.tripadvisor.com/Tourism-g57932-Marion_Virginia-Vacations.html.
[2] VA Code § 46.2-862, https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-862/.
[3] VA Code § 46.2-868, https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-868/ January 1, 2021) Reckless driving; penalties (virginia.gov).
