How a Reckless Driving Charge on Your Record Can Affect Your Future
Author: Andrew Flusche From https://www.andrewflusche.com • Sep 9th, 2022Category: Blog Entries.Local
Having a driver’s license is essential to living our daily lives.
Almost everything we do revolves around our ability to get around efficiently. However, we are so accustomed to driving that we can forget that driving is a privilege and not a right.
A reckless driving charge can severely impact your life. A reckless driving offense is more than just a ticket: it is a criminal offense.
As Virginia reckless driving defense attorneys, we fight to protect you from the harsh consequences of a reckless driving conviction.
What Is Reckless Driving in Virginia?
Reckless driving entails driving in a manner or at a speed that endangers the life, limbs, or property of another.
That’s the general rule. Virginia’s reckless driving laws define other behavior as reckless driving as well.
Some instances of reckless driving include:
- Driving a car while not in control or with faulty brakes,
- Passing at the top of a hill or on a curve,
- Driving while having an obstructed view of the road,
- Failing to signal,
- Passing a stopped school bus,
- Racing,
- Failing to yield, and
- Driving too fast for the road conditions.
Even speeding may be considered reckless driving if you are going over 85 mph—or if you are traveling at 20 miles per hour over the speed limit.
Negative Consequences of a Reckless Driving Charge
Incarceration
Losing your freedom is the most serious consequence of a reckless driving charge. Reckless driving is a Class 1 misdemeanor in Virginia.
The maximum penalty is confinement to the county jail for no longer than 12 months. There is a fine of up to $2,500, with a minimum required fine of $250 if you used a cell phone while driving recklessly.
Demerit Points on Your License
There are other consequences of reckless driving as well. A conviction adds points to your driving record.
The Virginia Department of Motor Vehicles (DMV) keeps track of traffic violations and assigns demerit points to each offense. Demerit points can add up quickly.
You should note that the DMV’s demerit point system is different from your insurance company’s point system.
Regardless, each traffic offense, especially one as severe as a reckless driving charge, can hurt you and your family in the long run.
Reckless driving is a six-point offense, according to the DMV. Other serious traffic crimes like DUI and leaving the scene of a crash are also six-point offenses. That tells you how seriously the DMV treats reckless driving.
Virginia’s DMV keeps track of the points assessed against you and has the authority to sanction you for poor driving.
The DMV uses a graduated punishment system. If you are 18 or older and accumulate 8 demerit points in 12 months or 12 points in 24 months, you have to attend a driver improvement course. You have 90 days to complete the course successfully.
The punishments increase as you accumulate more points. Acquiring 18 demerit points in 12 months or 24 points in 24 months leads to a 90-day license suspension.
You have to complete the driver improvement clinic successfully, and the DMV will put you on driving probation for six months.
How Long Do Reckless Driving Offenses Stay on Your Record?
A reckless driving conviction stays on your driving record for 11 years. It goes away after that. In fact, the Virginia DMV will let you earn good points for every year you do not have a moving violation.
Lowering the number of points on your driving record could benefit you significantly. For instance, your prospective employer will look at your driving history if you apply for a job that requires driving.
Earning safe points could help you obtain the job you’re looking for by reducing or eliminating demerit points from your driving history.
Your criminal history is different. Criminal charges don’t go away after a set amount of time passes. A reckless driving conviction will remain on your record permanently.
Having a criminal record has profound implications. It could affect your current or future employment. A potential employer who checks your criminal record will see a reckless driving conviction.
Additionally, if you are ever charged with a crime again, having a previous criminal record usually increases the severity of your penalty.
Judges rarely cut breaks to people who have previous criminal convictions and are now looking at another.
Get the Help You Need: Call Today
As you can see, there is more at stake than just paying a traffic ticket. What can you do to keep this criminal charge off of your record?
If you’ve been charged with reckless driving, Virginia defense Attorney Andrew Flusche can help.
My partner, Ryan Fitzgerald, and I are seasoned defense attorneys, and we dedicate my practice to representing people charged with driving offenses, misdemeanors, and more serious felonies.
Focusing on only those areas helps us focus my skills in one area and better learn how to fix people’s problems.
We work hard in court every day to get our clients out of trouble while helping them to keep their driving privileges intact.
If you want to know more, call Andrew Flusche, Attorney at Law, PLC, at 540-642-1667. My staff will gladly schedule an appointment when it’s convenient for you and fits your busy schedule.
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