Reckless Driving By Speed
Reckless driving by speed, in Virginia, is defined by Section 46.2 – 862 of the Code of Virginia. It states a driver commits the offense of reckless driving, when a person drives a motor vehicle at 20 mi./h, or more, in excess of the posted speed limits. In addition, any vehicle, irrespective of the posted speed limit, that is observed travelling at a rate of speed in excess of 80 mi./h, will likewise be reckless driving. By creating this law, the Virginia legislature has determined that traveling at these rates of speed, in and of themselves, creates a legal threshold, showing a criminal disregard for other people and other people's property. They’re clearly saying that drivers in the Commonwealth of Virginia should not travel that fast.
The math of this formula is not difficult, until you consider that Virginia recently increased the highest posted speed limit on a limited number of highways in the Commonwealth to 70 mi./h., on rural interstates. Even with this increase in permitted speed, the Legislature stood firm on its long-established standards for reckless driving by speed; and, in those sections of Virginia’s highways, if you are found to be traveling 10 miles an hour over the posted speed limit, you are in fact deemed to be speeding to the point that you are reckless driving.
Reckless driving is a class I misdemeanor criminal offense in Virginia. If found guilty, the defendant can be sentence to up to 12 months in jail and or be given up to a $2500 fine, as well as have their privilege to operate a motor vehicle in the Commonwealth of Virginia suspended by the court for up to 12 months. In some Virginia courthouses, there is a very low threshold for drivers alleged to be travelling at excessive speeds, who may be considered for short jail terms or inconvenient license suspensions. For the most innocent of alleged reckless drivers, it has to be of the utmost importance to do everything possible to avoid a conviction of this charge; and, with the correct presentation for your judge, there are options. Your expectations of success in court will depend from jurisdiction to jurisdiction; and, the defendant would be well served to hire good local counsel.
A good local attorney will have the knowledge that will lead to successful strategies is types of cases; and, this is where knowledge is truly power. A good result is up to the individual defendant to determine. However, a positive result is much more likely to occur in reckless driving by speed cases, especially for drivers with good driving records, when they are represented and completely understand the process that they are involved in and are prepared to dictate the best result possible.