Asked in Criminal Law and Traffic Tickets for Virginia

Q: What will be punishment from reckless driving, 104/70 mph Brunswick county Virginia? Can it be reduce?

No points, clean record for 2 years 4 months. Only have New York license, first time driving down south. Trip to a family reunion and visit sister in the airforce. I was recorded by a state trooper and accidentally agreed that I was aware I was driving the speed he claim I was going. It was 2:19 in the morning and I was scared but mostly tired. I was half awake and half sleep. No crappy excuse, i didn't get a chance to tell him I was looking for a exit so I could switch seats with my god brother so he could drive while I sleep. I drove most of the trip for 6 hours.

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1 Lawyer Answer
Wilfred Yeargan
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Answered
  • Criminal Law Lawyer
  • Fairfax, VA
  • Licensed in Virginia

A: Reckless Driving is charged as a Class 1 misdemeanor and the maximum penalty is up to one year in jail and/or a fine of up to $2,500.00. Your privilege to drive in Virginia may also be suspended for up to six months. You will not get the maximum punishment, but at that speed you may receive two weeks in jail. A jail sentence in Virginia county jails usually results in half the sentence being served. So if you receive two weeks active jail you would serve one week.

However, there are technical defenses to the charge that may help you avoid conviction and sentence. The Radar or Lidar device may not be properly calibrated or the officer failed to properly observed the target vehicle. You may be able to get the case amended to a traffic infraction if you go into court fully prepared. This means getting a speedometer calibration, doing a driver improvement course, getting a copy of your driving record, and completing at least 25 hours of community service before the court date,

There is much more information I can share with you about the defense of this case. If you want to discuss this case in detail, please call my office at 703-352-9044 for assistance.

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