Have you recently been charged with reckless driving? Are you worried about what the repercussions that such a charge could cause? At Mark Hurt Law Firm, we have years of experience representing clients who have found themselves in situations similar to the one you may be facing. As an experienced speeding ticket lawyer in Abingdon VA, Mark T. Hurt has also assisted clients who were facing reckless driving charges. You can count on our team to direct you through the legal process in a way that will leave you feeling confident in our abilities.

What is reckless driving?

When a person is operating a vehicle and has a complete disregard for safety or is negligent in doing so, their actions are classified as reckless driving. With reckless driving, a person has to be doing something more negligent than that of a basic traffic offense. When a person is convicted of reckless driving, they may be required to pay fines and could even spend time in jail.

A few examples of what constitutes reckless driving are:

• Driving the vehicle at an incredibly high speed 
• Attempting to hide from or outrun a police officer 
• Unsafely passing another vehicle on a highway 
• Tailgating 
• Disregarding traffic signals and signs

Is Reckless Driving a Misdemeanor or Felony in Virginia?

In Virginia, reckless driving is not just a traffic violation. It is classified as a criminal offense. In most cases, reckless driving is charged as a Class 1 misdemeanor, which is the most serious level of misdemeanor under Virginia law. This charge can carry penalties including up to 12 months in jail, a fine of up to $2,500, and a potential license suspension of up to six months. Even if jail time is not imposed, the conviction creates a permanent criminal record unless successfully petitioned for expungement.

However, there are situations where reckless driving can be elevated to a felony charge. If someone is driving recklessly on a suspended or revoked license and causes the death of another person, or if reckless driving occurs in conjunction with racing that results in injury or death, the offense may be charged as a Class 6 felony. A felony conviction can result in prison time, permanent loss of certain rights, and more severe long-term consequences.

Because of the seriousness of both misdemeanor and felony reckless driving charges, it is crucial to work with a knowledgeable attorney who understands how to minimize penalties or potentially have charges reduced or dismissed.

Common Situations That Lead to Reckless Driving Charges

Reckless driving in Virginia is broadly defined and can apply to many types of unsafe driving behavior, even actions that a driver might not think are criminal. The following are common scenarios that often lead to reckless driving charges:

• Excessive speeding: Driving 20 mph or more over the posted speed limit, or exceeding 85 mph regardless of the speed zone, is automatically considered reckless driving under Virginia law. 
• Failing to maintain control of the vehicle: This includes driving a vehicle with faulty brakes or otherwise operating a car in an unsafe condition. 
• Passing illegally: Examples include passing on a curve, at the crest of a hill, or when a driver cannot clearly see the oncoming roadway. 
• Driving with obstructed views: Operating a vehicle with an obstructed windshield or overloaded cargo that prevents safe handling of the vehicle. 
• Failing to use signals: Not using turn signals when required or abruptly changing lanes without warning. 
• Driving too fast for conditions: Even if you’re below the posted speed limit, driving too fast during heavy rain, fog, or snow can be deemed reckless if it endangers others. 
• Evading law enforcement: Attempting to flee or elude a police officer is considered a form of reckless driving, especially when combined with speeding or other violations. 

Understanding these scenarios can help Virginia drivers stay within the boundaries of the law and avoid the serious consequences of a reckless driving conviction. If you’ve been charged under any of these conditions, seeking experienced legal representation immediately can make a significant difference in the outcome of your case.

If I am convicted, will it stay on my record?

Many drivers ask, how long does reckless driving stay on your record after a conviction. In Virginia, a reckless driving conviction can remain on your criminal record permanently and may stay on your driving record for years, depending on the circumstances of the case. Because reckless driving is treated as a misdemeanor rather than a simple traffic offense, its impact can be far more serious than most drivers expect — affecting employment opportunities, insurance rates, and future charges long after the case is resolved.

Worrying over a possible conviction for reckless driving can be stressful. A conviction will likely stay on your record. You may not even realize how this could impact your life. Here are a few ways that a conviction on your driving record could negatively impact you:

• Gaining future employment could be difficult. If you apply for a job that runs DMV background checks, a charge on your record could impact your ability to gain employment. This is especially true if you are trying to obtain a position that requires you to drive for work. 
• It could impact your current job. If you are responsible for driving a vehicle for work, and are no longer able to do so because of a reckless driving conviction, you could lose your job. If you have a suspended license, you will no longer be able to perform some of your job responsibilities. 
• If you are looking to adopt a child, a reckless driving charge could impact your ability to do so. Thankfully, in most cases, the older the charge, the less relevant it becomes. 
• With a reckless driving charge on your record, it could impact any future convictions you receive. This means a second charge could result in a more serious sentencing. 
• In some situations, your car insurance could be impacted. Your insurance carrier might be motivated to increase your rates significantly. 

The only time that a conviction may not be found on your record is if you have had it expunged. When it comes to reckless driving, the chance of having a record expunged depends on the circumstances surrounding your specific situation.

Additional Long-Term Consequences of a Reckless Driving Conviction

Beyond the immediate penalties and record implications, a reckless driving conviction can have ripple effects that touch nearly every part of your life. Many individuals underestimate just how far-reaching the consequences can be even years after the incident.

Travel Restrictions

If you’re convicted of reckless driving as a misdemeanor or felony, international travel may become more complicated. Some countries, including Canada, can deny entry to individuals with certain criminal convictions on their records. This could disrupt family vacations, business trips, or educational opportunities abroad.

Professional Licensing Barriers

Many professional licensing boards, such as those for nurses, teachers, real estate agents, and commercial drivers, require disclosure of any criminal convictions. Even if your reckless driving charge is not directly related to your profession, it may raise concerns during application or renewal periods and could result in delays, denials, or added scrutiny.

Academic and Scholarship Consequences

If you’re currently enrolled in college or applying for financial aid or scholarships, a reckless driving conviction could impact your eligibility. Some academic institutions include criminal background checks as part of admissions or disciplinary reviews, which could jeopardize enrollment status or funding.

Custody or Family Court Challenges

In contentious family law matters, such as custody disputes or divorce, any criminal record, including reckless driving, may be used against you to question your judgment or stability. While a single traffic-related charge may not be a determining factor, it can still serve as ammunition for the opposing party’s legal argument, especially if other concerns exist.

Military and Government Security Clearance Risks

If you are in the military or work in a government position that requires security clearance, a reckless driving conviction can jeopardize your status or advancement. It could also make it harder to apply for such roles in the future, particularly if the charge reflects poorly on your trustworthiness or decision-making.

Rental Car and Leasing Difficulties

Rental car agencies and leasing companies often conduct driving record checks before approving agreements. A recent reckless driving charge could disqualify you from renting a vehicle or cause leasing companies to increase down payments or deny applications entirely.

Reputational Damage

A criminal conviction can sometimes surface during background checks run by landlords, lenders, or even dating apps. While reckless driving might not carry the same stigma as violent crimes, its presence on your record can still create misunderstandings and negatively influence how others perceive you.

How to Reduce or Dismiss a Reckless Driving Charge in Virginia

Being charged with reckless driving doesn’t mean you’re automatically guilty. With the right legal strategy, it’s often possible to reduce the charge to a lesser offense or have it dismissed entirely.

Possible outcomes your attorney may pursue:

• Reduction to Improper Driving: This is a lesser offense with fewer points and no criminal record. 
• Dismissal with Driving School: In some cases, completing a driver improvement course may lead to dismissal or reduction. 
• Negotiating Based on Circumstances: If your driving was borderline or you have a clean record, your attorney may negotiate with the prosecutor for leniency. 
• Fighting the Evidence: Your lawyer can challenge faulty radar/lidar readings, missing calibration certificates, or lack of police documentation. 

Because Virginia courts treat reckless driving as a criminal matter, it’s essential to have a knowledgeable attorney like Mark Hurt by your side. With over two decades of legal experience, our office knows how to craft a compelling defense and advocate for the best outcome possible.

Contact Mark Hurt Law Firm

It is likely that you will want to take any measure necessary to avoid a conviction for reckless driving. Mark Hurt Law Firm has the experience required to provide you with legal representation that you can rely on, even in the most complex situations. Call us today to schedule an appointment with a speeding ticket lawyer Abingdon VA residents trust.

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Abingdon Speeding Ticket FAQs

Your Abingdon VA speeding ticket lawyer can help you save your driving record, and a hefty amount of cash while they’re at it. At Mark Hurt Law Firm, we have over 25 years of experience helping our clients fight against traffic tickets ranging from speeding to reckless driving and CDL violations. Read on for some answers to the most common questions about speeding tickets, and get in touch with us today to get started on your case.

What Are The Consequences Of Getting A Speeding Ticket?

The consequences of receiving a speeding ticket can vary significantly based on the severity of the violation. In Virginia, consequences can range from a fine, points added to your driving record, and potential increases in insurance premiums. For more serious offenses, such as reckless driving—which in Virginia can include speeding excessively over the limit—there may be harsher penalties, including the possibility of jail time.

What Happens If You Don’t Pay A Speeding Ticket In Virginia?

Failing to pay a speeding ticket in Virginia can lead to several serious consequences. Initially, it may result in additional fines and late fees. If the payment remains outstanding, the court may issue a warrant for your arrest, and your driver’s license could be suspended. It’s crucial to address speeding tickets promptly to avoid escalating penalties that can complicate your financial and legal situation.

What Should I Do Immediately After Receiving A Speeding Ticket?

Immediately after receiving a speeding ticket, it’s important to carefully read the ticket and note any deadlines for payment or court appearances. You should consider whether you want to pay the ticket and accept the penalties or contest the charge in court. If you choose to challenge the ticket, don’t waste any time – contact an Abingdon speeding ticket lawyer as soon as you can.

What Is The Difference Between A Moving And A Non-Moving Violation?

A moving violation occurs when a vehicle is in motion at the time of the infraction, such as speeding, running a red light, or driving under the influence. These violations typically result in points on your driving record and may have more severe consequences. Non-moving violations, however, involve infractions that do not directly relate to the vehicle’s motion, such as parking violations, faulty vehicle equipment, or expired registration. Non-moving violations usually do not affect your driving record but can still result in fines and other penalties.

What Should I Expect When Going To Court For A Speeding Ticket?

If you choose to contest a speeding ticket in court, expect to present your case before a judge or magistrate. On your court date, it’s important to arrive on time, dressed appropriately, and prepared with all relevant documents and evidence. You’ll have the opportunity to explain your side, present evidence, and question any witnesses. Depending on the specifics of your case, the judge might dismiss the ticket, reduce the charges, or uphold the ticket as originally written. Representation by a legal professional can help navigate court proceedings and present your case effectively.

Let Us Help You With Your Speeding Ticket

At Mark Hurt Law Firm, we’re dedicated to helping clients understand their rights and options. Contact us today to discuss your case, see how an Abingdon speeding ticket lawyer from our team can help.