Why Am I Charged With Reckless Driving If I Was Not Driving Recklessly?

The reckless driving by speed law in Virginia allows an officer to charge you with reckless driving if you are traveling in excess of 80 miles per hour or 20 miles per hour or more of above the speed limit.  The commonwealth only needs to prove that those speed thresholds have been exceeded.  It is therefore not required that they prove you were operating your vehicle in a reckless manner.  This reckless driving by speed law can be extremely frustrating and irritating especially given that you can be convicted of a class 1 misdemeanor for simply traveling 11 over the limit in an 80 mile per hour zone. 

Virginia recognizes 14 different varieties of reckless driving.  The reckless driving that most people are familiar with the reckless driving general statute.  That is the law that is more focused on the manner of your driving as opposed to the speed.  It is pretty rare for individuals to be charged under the reckless driving general statue without some sort of accident being involved.  Instead the above referenced reckless driving by speed statute is the most common used in the Commonwealth of Virginia.

Most of the judges I practice before are aware of just how strict these reckless driving laws can be.  In most cases, as long as you have a decent record, the speed is not too high, and your behavior is not too egregious, the Court will at least reduce the reckless driving charge.  It is very important to contact an attorney familiar with defending folks charged with reckless driving in your court.  I offer free consultations and can be reached by email at trey@mattoxlawpc.com or phone (804) 451-6033.