Reckless driving is a serious charge in Virginia. The offense crosses the boundary between a basic traffic infraction and a criminal charge. Knowing this, you may wonder, Just how bad is a reckless driving ticket? Some reckless driving tickets end up with less severe penalties than others. However, a reckless driving charge is always a bad thing to have on your record. For this reason, you should always take a reckless driving ticket seriously and fight against the charge.

What Does Virginia Consider Reckless Driving?

Most commonly, the State of Virginia considers excessive speeding as a primary form of reckless driving. For example, driving more than 20 miles per hour over the posted speed limit is reckless driving. Alternatively, driving more than 85 miles per hour, regardless of the speed limit, is reckless driving.

However, excessive speeding is not the only action that the State of Virginia considers to be reckless driving.

According to the Virginia Department of Motor Vehicles (DMV), the following offenses can all fall within the definition of reckless driving in some circumstances:

• Racing,
• Passing an emergency vehicle,
• Passing a school bus,
• Passing on the crest of a hill,
• Passing at a railroad crossing,
• Passing two vehicles abreast,
• Driving with an obstructed view,
• Driving two vehicles in a single lane,
• Driving too fast for conditions,
• Improper control of a vehicle,
• Failure to properly signal, and
• Driving recklessly in a parking lot.

As you can see, there are numerous traffic offenses that Virginia may consider reckless driving. You might also notice that many of these violations are inherently subjective. For example, failure to signal is, more often than not, a lesser traffic violation. However, sometimes it falls under the umbrella of reckless driving. Given the harsh penalties of a reckless driving charge, it is well worth your time to fight such a subjective infraction.

What Are the Penalties for Reckless Driving?

The penalties for reckless driving in Virginia depend on the specific facts and circumstances of each case. Virginia considers most reckless driving charges to be Class 1 misdemeanors. However, reckless driving charges can compound to the felony level. Penalties for Class 1 misdemeanors include fines up to $2,500, incarceration of up to 12 months, and a license suspension of up to 6 months. Reckless driving also carries a mark of 6 DMV points on your driving record. The charge will stay on your driving record for 11 years. Drivers should not take these penalties lightly.

What Other Effects Can a Reckless Driving Charge Have?

License suspension alone can seriously impede your ability to maintain your day-to-day life. You may be unable to commute to work, pick up your kids from school, or even get to the grocery store easily. These consequences represent a significant burden that is best avoided at all costs. The DMV points added to your driving record will most likely impact your insurance rates, which will affect your bottom line financially. Add to all of this the risk of imprisonment and the ripple effects that that jail time brings, and you can see just how bad a reckless driving ticket can be. This is why you should always fight a reckless driving charge.

Are You Facing a Reckless Driving Ticket?

If you are facing a reckless driving charge, contact me at Andrew Flusche, Attorney at Law, PLC, for legal help as soon as possible. Fighting reckless driving charges is one of my primary focus areas. Because I regularly defend against reckless driving charges, I know what to expect and prepare for in the courtroom. With that in mind, you can rest assured that there will not be any nasty surprises. My goal is to help my clients protect their future, so let me help protect yours—contact me today for a free consultation.

The post How Bad Is a Reckless Driving Ticket? appeared first on Andrew Flusche.

DUI convictions are not taken lightly by the State of Virginia. As a result, a DUI conviction can carry severe life-altering consequences with it. With that in mind, it is important to fight the charge to seek a reduced penalty, a sentence reduction, or a plea bargain.

When someone comes to me facing a DUI charge, one of the most common questions they ask is, Can you get a DUI reduced to reckless driving? The answer is yes. In many cases, it is possible to get a DUI reduced to reckless driving through a plea bargain. The best way of getting a DUI reduced to reckless driving is to solicit the help of an experienced DUI attorney. A DUI attorney will help you fight for your rights by entering into a plea bargain. When you enter into a plea bargain, the courts dismiss specific charges in exchange for a guilty plea on a lesser charge.

DUI Penalties

The penalties for a DUI conviction in Virginia are quite severe. The minimum and maximum penalties depend on whether you have prior DUI convictions. The penalty for a first conviction includes a fine between $250 and $2,500 and a license suspension of one year. For a second DUI offense, one faces a mandatory minimum fine of $500, driver license suspension of three years, and up to one year imprisonment. The penalties increase from there, with a third DUI bringing indefinite license suspension and prosecution as a Class 6 felony. Losing your license for as little as one year can seriously impact anyone’s life in numerous ways. On top of affecting one’s ability to commute to work and earn a living, a DUI conviction can affect a person’s ability to rent a home or take out a mortgage. These serious consequences are why it is important to know how to get a DUI reduced to reckless driving.

Getting a DUI Reduced to Reckless Driving

The most effective way of getting a DUI dropped to reckless driving is retaining the services of an experienced DUI attorney. A DUI attorney will look at your case’s specific facts and circumstances to show why a DUI charge is not warranted. Your chances of getting a reduction to reckless driving increase if you have no prior criminal convictions, no prior DUIs, and a relatively low blood alcohol concentration (BAC) at the time of the traffic stop. In some cases, treatment for alcohol dependency helps in getting a DUI charge reduced. Applying just one of these factors to your case is helpful in and of itself.

A DUI attorney has the negotiation skills and experience necessary to successfully navigate the plea bargaining process in fighting DUIs. Traffic attorneys who do not typically handle DUI cases cannot bargain as effectively because DUIs are a unique hybrid of traffic and criminal law. I cannot stress enough that having an experienced DUI attorney is the best way to increase your chances of getting a DUI reduced to reckless driving. It all depends on the facts and circumstances of your specific case.

Are You Facing a DUI Charge?

If you face a DUI charge and want to fight to get it reduced to reckless driving, contact me at Andrew Flusche, Attorney at Law, PLC, today. I have considerable experience in opposing traffic offenses to protect the rights of my clients. Furthermore, fighting DUI charges is one of my firm’s primary focus areas. As a result, I know the ins and outs of the rules surrounding DUIs in Virginia. With my experience on your side, you can rest assured that you are retaining counsel who knows how to avoid any bumps in the road that may arise during your defense. Don’t wait—contact my firm today for a free consultation!

The post How to Get a DUI Dropped to Reckless Driving appeared first on Andrew Flusche.

Reckless driving is a serious driving offense for one to face. The penalties can be stiff, so it is important for anyone facing such a charge to understand the laws surrounding it. A common question I receive about reckless driving is, Is reckless driving a traffic violation, or is reckless driving a moving violation? The answer to that question is that it is both. State law generally splits driving offenses into two categories: moving violations and non-moving violations. Reckless driving is a moving violation. However, people also refer to reckless driving as a traffic violation. There is no clear delineation between the two.

Moving Violations vs. Non-Moving Violations

The distinction between moving and non-moving violations is just what you might expect. Moving violations are those that occur while a vehicle is in motion. Moving violations include speeding tickets, reckless driving, driving under the influence (DUI), turning lane violations, and driving on a suspended license. Moving violations typically have more severe consequences than non-moving violations.

On the other hand, non-moving violations occur only when a vehicle is not in motion. Parking citations are non-moving violations in Virginia and practically every other state. Alongside parking citations, defective equipment is a common non-moving violation. If someone has an otherwise clean driving record, some judges will occasionally reduce speeding charges to non-moving violations in the form of faulty equipment (speedometer) charges.

How Do the Consequences of Non-Moving and Moving Violations Differ?

As noted, moving violations generally bring more severe consequences than non-moving violations. Some non-moving violations may bring a higher fine than a low-level moving infraction, but that is an exception to the general rule.

Unlike moving violations, non-moving violations do not result in added points to your DMV driving record. After a moving violation occurs, the points stay on your DMV record for a minimum of two years from the offense date. If you have points on your driving record, your car insurance rates tend to increase. The more points on your record, the more your insurance will cost.

Virginia splits points into three tiers: 3-point, 4-point, and 6-point violations, with 6-point violations being the most severe. Reckless driving is a 6-point violation along with things like DUI and driving on a suspended license. On the other hand, 3-point violations include things like driving without lights on, improper U-turns, and improper passing.

Reckless Driving in Virginia

In Virginia, a reckless driving violation  occurs when a driver drives more than 20 miles per hour over the posted speed limit. Reckless driving also occurs when a driver drives over 85 miles per hour, regardless of the speed limit. In a 70-mile-per-hour speed limit zone, you can incur a reckless driving charge by going just 15 miles per hour over the speed limit.

The penalties for reckless driving are quite severe in Virginia. Virginia considers reckless driving a class 1 misdemeanor, making it a criminal offense. Penalties for reckless driving can be as high as a $2,500 fine, driver license revocation for 6 months, and, in extreme cases, up to 12 months imprisonment. The DMV points that come with a reckless driving charge stay on your DMV record for 11 years.

Are You Facing a Virginia Reckless Driving Charge?

Virginia authorities do not take reckless driving lightly. If you face a reckless driving charge in Virginia, it is important to take your defense equally seriously. The best way to mount a strong defense against a reckless driving charge is to hire a traffic attorney who has experience defending clients against reckless driving offenses.

At Andrew Flusche, Attorney at Law, PLC, I focus on defending against traffic violations and have considerable experience with reckless driving cases. My practice is results oriented. I will fight to have your charge reduced or dismissed so you can preserve your freedom, maintain your license, and overcome the hardship imposed by traffic violations. My goal is to protect your rights. Don’t wait to fight the charge; contact me today for a free consultation.

The post Is Reckless Driving a Traffic Violation or a Moving Violation appeared first on Andrew Flusche.

The sweet potato hash is great enough to stand on its own! Use it as a healthy side dish, but if you want go the extra step, add eggs and turn it into egg cups for breakfast, lunch, or dinner! It's easy, quick, and provides more protein!

Ingredients:

- 1 Tbs Avocado Oil or Olive Oil

- 2 cups sweet potatoes, chopped small

- 3 green onions, white part and half of the green part, diced (reserve remaining green part for garnish)

- 1 small bunch broccolini, chopped small

- 1/2 yellow squash, chopped small (optional)

- 7 or 8 asparagus stalks, chopped small, (optional)

- about 8 cocktail tomatoes, halved (optional)

- 1/2 tsp. salt

- 1/4 tsp. pepper

- 1/4 tsp. garlic powder

- 1/2 tsp. smoked paprika

- 6 eggs

*The first time I made this, I used just the sweet potatoes, onions, and broccolini. The next day I had to make again because I loved it, and I added the other vegetables. 

Peel and chop sweet potatoes. Put in a microwaveable bowl, add a few tablespoons of water, cover, and microwave for 5 minutes.

Meanwhile, heat skillet on medium high heat. Add oil. Add onions and saute' for about a minute. Add your vegetables and stir. Add seasoning and combine until the veggies are crisp tender. Once sweet potatoes are done, drain, add to vegetable mixture, and cook until vegetables are done to your liking (I like mine a little firm and not mushy). 

Set oven to 350 degrees. In a medium bowl, beat eggs. Spray a muffin tin with cooking spray, and add a spoonful of the vegetable mix to 8 muffin holes. Spoon eggs evenly over the top of each of the vegetables. Bake for 15 to 20 minutes. Let cool for a few minutes, remove, garnish with fresh herbs, and enjoy!

"Let food be thy medicine, and medicine be thy food." - Hippocrates

The sweet potato hash is great enough to stand on its own! Use it as a healthy side dish, but if you want go the extra step, add eggs and turn it into egg cups for breakfast, lunch, or dinner! It's easy, quick, and provides more protein!

Ingredients:

- 1 Tbs Avocado Oil or Olive Oil

- 2 cups sweet potatoes, chopped small

- 3 green onions, white part and half of the green part, diced (reserve remaining green part for garnish)

- 1 small bunch broccolini, chopped small

- 1/2 yellow squash, chopped small (optional)

- 7 or 8 asparagus stalks, chopped small, (optional)

- about 8 cocktail tomatoes, halved (optional)

- 1/2 tsp. salt

- 1/4 tsp. pepper

- 1/4 tsp. garlic powder

- 1/2 tsp. smoked paprika

- 6 eggs

*The first time I made this, I used just the sweet potatoes, onions, and broccolini. The next day I had to make again because I loved it, and I added the other vegetables. 

Peel and chop sweet potatoes. Put in a microwaveable bowl, add a few tablespoons of water, cover, and microwave for 5 minutes.

Meanwhile, heat skillet on medium high heat. Add oil. Add onions and saute' for about a minute. Add your vegetables and stir. Add seasoning and combine until the veggies are crisp tender. Once sweet potatoes are done, drain, add to vegetable mixture, and cook until vegetables are done to your liking (I like mine a little firm and not mushy). 

Set oven to 350 degrees. In a medium bowl, beat eggs. Spray a muffin tin with cooking spray, and add a spoonful of the vegetable mix to 8 muffin holes. Spoon eggs evenly over the top of each of the vegetables. Bake for 15 to 20 minutes. Let cool for a few minutes, remove, garnish with fresh herbs, and enjoy!

"Let food be thy medicine, and medicine be thy food." - Hippocrates

The sweet potato hash is great enough to stand on its own! Use it as a healthy side dish, but if you want go the extra step, add eggs and turn it into egg cups for breakfast, lunch, or dinner! It's easy, quick, and provides more protein!

Ingredients:

- 1 Tbs Avocado Oil or Olive Oil

- 2 cups sweet potatoes, chopped small

- 3 green onions, white part and half of the green part, diced (reserve remaining green part for garnish)

- 1 small bunch broccolini, chopped small

- 1/2 yellow squash, chopped small (optional)

- 7 or 8 asparagus stalks, chopped small, (optional)

- about 8 cocktail tomatoes, halved (optional)

- 1/2 tsp. salt

- 1/4 tsp. pepper

- 1/4 tsp. garlic powder

- 1/2 tsp. smoked paprika

- 6 eggs

*The first time I made this, I used just the sweet potatoes, onions, and broccolini. The next day I had to make again because I loved it, and I added the other vegetables. 

Peel and chop sweet potatoes. Put in a microwaveable bowl, add a few tablespoons of water, cover, and microwave for 5 minutes.

Meanwhile, heat skillet on medium high heat. Add oil. Add onions and saute' for about a minute. Add your vegetables and stir. Add seasoning and combine until the veggies are crisp tender. Once sweet potatoes are done, drain, add to vegetable mixture, and cook until vegetables are done to your liking (I like mine a little firm and not mushy). 

Set oven to 350 degrees. In a medium bowl, beat eggs. Spray a muffin tin with cooking spray, and add a spoonful of the vegetable mix to 8 muffin holes. Spoon eggs evenly over the top of each of the vegetables. Bake for 15 to 20 minutes. Let cool for a few minutes, remove, garnish with fresh herbs, and enjoy!

"Let food be thy medicine, and medicine be thy food." - Hippocrates

Today we celebrated Vaccine Freedom Day. The actual day was April 28 - the day I was fully vaccinated. But that was a workday so we celebrated today, on a perfect 70 degree blue sky Virginia Spring day.

We are still wearing a mask when indoors or in a large group, because those are the rules. However, the mask is performative for us at this point. We aren't going to catch COVID, and we aren't going to give it to anybody either.

I was going to continue with a rant about anti-vaxxer assholes, but screw it. I have Guinness in the fridge and board games to play. Those assholes aren't worth the effort.