Buies Creek, NC asked in Criminal Law for Virginia

Q: How likely is it that I can get a reckless driving charge reduced in Virginia?

I was driving through Sussex County, Virginia when I was pulled over for going 81mph in a 70mph zone. The officer charged me with reckless driving by speed (46.2-862). I'm 22 years old and have been driving since I was 15; I have a clean record (and I have +5 points on my driving record); and I have never even been stopped prior to this incident. I have made an appointment with an auto shop to get my speedometer calibrated already, and I am currently looking into getting a lawyer. However, I'm freaking out, and to ease my mind, I would really like to know how likely it is that I can get the reckless driving charge reduced?

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2 Lawyer Answers
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: An experienced traffic attorney can very likely get the charge amended to simple speeding or a non-moving violation (which carries zero points). If you are convicted of reckless driving, which is possible if you are representing yourself, you will have a misdemeanor criminal record for life, 6 points against your driving record (which could result in a significant increase in your insurance rates for the next 3 to 5 years) and could cause issues if you want to obtain a commercial driver's license in the future. These are just a few of the possible negative consequences.

Steve Miyares
Steve Miyares
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: You should retain an experienced traffic/criminal defense attorney in your local jurisdiction. It sounds like you have a case in which it is likely you could recieve a good outcome without facing a Class 1 misdemeanor Reckless Driving conviction. However, I strongly suggest you retain an attorney to help you get the best possible result.

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