Reckless by speed, 80/55, in Loudoun County VA

First, each and every case involving a charge of Reckless Driving by speed should involve a detailed analysis of the facts of the case. By reviewing where the officer was when the alleged speeding occurred, how the speed was obtained, and reviewing the officer's actions prior to and during the encounter, an experienced attorney can develop any number of defenses to the charge. Notwithstanding the fact that none of those facts are available to me, I can suggest a few actions you can take to improve your chances in Court. First, you should obtain a calibration of the speedometer of the vehicle in which you were traveling when you received the ticket. Several different auto body shops have the machine necessary for this calculation. If the results indicate that your speedometer is improperly tracking your speed, this evidence can be used in court in your defense. Second, you have already taken a safe driving class that should add 5 (positive) points to your driver's record. Sometimes, an experienced prosecutor will spot that, and not weigh your actions as positively, but a safe driving class is always useful for any attorney. Reckless Driving is a Class 1 misdemeanor, which is punishable by up to a $2,500 fine, a six-month sentence of incarceration, and a six-month suspension of your driving privileges. If convicted, the Virginia DMV will assess you 6 demerit points, and the charge will remain on your record for 11 years. There are three different judges who typically adjudicate traffic cases in Loudoun County, and the attitudes of each Judge can definitely affect the strategy of your attorney and your prospects for earning a reduction in your charge. Based upon these facts, it is possible that an attorney can negotiate a reduction from Reckless Driving to speeding, improper driving, or another offense. However, I believe it is premature to provide an assessment of the likelihood of that scenario. I recommend you consult with an experienced traffic defense attorney who has experience in handling Reckless Driving offenses in Loudoun County.

As my practice is predominantly in Loudoun County and in the areas of criminal and traffic defense, I will try to provide you with information (not advice) as to what "generally" occurs in Loudoun with RD cases. Reckless driving by speed in Virginia can either be by travelling 20 or more miles per hour above the posted speed limit, or by travelling 80 or more miles per hour regardless of the posted speed limit. Your charge of 80/55 is on the cusp of both of those situations where you could be charged with RD by speed. Reckless Driving is a Class 1 misdemeanor, which makes it both a criminal and traffic offense. The maximum lawful sentence that can be imposed is twelve months in jail and/or a fine no greater than $2,500, plus a license suspension no longer than six months. The DMV will also assess 6 demerit points against your license. Because you have already received -4 points in 2011, you will have to pay greater attention to your driving habits because if you get 12 or more demerit points within 12 months or 18 or more demerit points within 24 months, the Virginia DMV will take additional actions (e.g., probation, suspension, etc.) against your privileges. As for the court process, you should retain the services of an attorney. Additionally, you should get the car you were driving calibrated to determine if there are any mitigating factors, such as a faulty speedometer, that may be useful in court in your defense. Lastly, complete a driver improvement program as soon as practicable and before your court date. This will help your attorney by showing that you are accountable for your driving behaviors and are taking remedial action to improve your driving. Although jail is a possibility, if there are no egregious factors in addition to your speed, the chances are less likely that you will be sentenced to jail. A license suspension is a possibility depending on the mitigation evidence. If the charging officer and the prosecutor agree, the attorney may be able to reduce the charge to speeding rather than RD. Consult with an attorney to determine your preferred choice of action. Good luck.

As you now know, Reckless Driving is a Class 1 misdemeanor criminal offense in Virginia. There are several different ways to commit the offense of Reckless Driving in Virginia - and Speeding at certain levels is probably the most commonly cited. Yes, you read that right - Virginia has made Speeding as low as 11 mph over the speed limit a criminal offense. The outcome of a speed-based Reckless Driving case - as with any other case - depends on the specific facts of the specific case. For example, if you were cited with Reckless Driving going 125 mph (as was a recent client of mine) you are essentially guaranteed to serve some time in jail, but if you were only going 81 mph in a 70 mph zone, it is extremely unlikely that you would be sentenced to jail. There simply is no formula for determining the outcome of a court case - no matter what the charge. There are a number of factors which impact the eventual resolution of a speed-based Reckless Driving case, including the speed, the speed limit, the time of day/night, the road conditions, the traffic conditions, the perceived danger presented by the driving, how quickly you stopped for the officer, the reason for the speed, your attitude with the officer, your driving history, your age, your driving experience, the accuracy of your speedometer (assuming you were relying on it), the presiding judge, the prosecuting attorney, etc. … and of course, your lawyer. If the outcome of your case is important to you, then I think it is imperative that you hire the best, most experienced, successful and respected Virginia Criminal Defense lawyer you can to assist you with this matter. Remember, the lawyer you choose can be the difference in the outcome of your case.