Virginia Criminal and Traffic Law Blog

Don't Ignore Your Reckless Driving Charge

    All too often I receive calls from individuals who received a reckless driving charge, but didn't think it was a big deal.  The problem is that by the time they call, the court date has passed, the appeal deadline has passed, and nothing can be done to alter the conviction.  If only they had called sooner, I could have stopped them from making such a mistake.

    As I have posted previously, reckless driving is a class I misdemeanor in Virginia, which means a maximum punishment of 12 months in jail, a $2500 fine, and a 6 month license suspension.  Granted, jail time and thousands of dollars in fines are reserved for all but the most severe cases, but this should demonstrate how serious an offense reckless driving is.  The degree of punishment varies significantly from one jurisdiction to another.  In the central Virginia area, some courts (Henrico, Chesterfield, Richmond City) will begin imposing jail time at 90 mph, regardless of how good a driving record you have.  In other jurisdictions, 100 mph may not carry any jail time at all, though you will lose your license.  Most of the jurisdictions that impose jail time will also issue bench warrants should you fail to come for your trial, essentially making you a "wanted" person.

    In Virginia, reckless driving has many different definitions.  However, the most common offense is reckless driving by speed.  Traveling at 20 miles or more over the speed limit, or simply in excess of 80 mph, is reckless driving by statute.  It does not require proof of any other poor driving behavior other than speed itself.  Thus, even though it may not be reckless driving in your home state to travel 81 mph, doing so in Virginia could lead to a criminal conviction. 

    As a result, the most important reason not to ignore your reckless driving ticket is having the opportunity to avoid the criminal conviction.  Not only will the conviction be reflected on your driving record, it will also be reflected on your criminal background check, which can pose other problems in your life.  Employment opportunities and security clearances are the two areas I hear of being most affected by reckless driving convictions.  In many cases, we are able to negotiate or argue for a reduction or dismissal of reckless driving charges to avoid the damaging nature of such a criminal conviction.

    Another damaging side effect of reckless driving convictions is on your automobile liability insurance.  Now, while the exact effect of a conviction on your insurance should be discussed with your insurer, it is no secret that most if not all companies will consider raising your monthly premium if you are found guilty of reckless driving.  Most increases will also last for at least a few years until you prove to your insurer that your conviction was an isolated incident.  As an example, a $25/month increase in your insurance that lasts for three years would end up costing you an extra $900, which will probably far outweigh the attorney fee might pay to avoid a reckless conviction.  I have even heard of premiums increasing by as much as a few hundred dollars per month!

    A final consideration to make when thinking about how to handle your reckless driving charge is how the conviction would translate to your state.  While in a few states, out of state convictions will not result in points to your license (insurance can still be affected), most other states will dock your driving record for a conviction.  In some states, you could also run the risk of losing your driver's license even if the court in Virginia did not suspend your privilege to drive.  North Carolina is the most common example that I see of a home state law imposing a secondary punishment after Virginia has imposed the primary punishment.  More on this in my next post.

    As you can see, Virginia takes reckless driving very seriously.  I am explaining these things not to try to convince you to hire us to represent you in court (though I would be happy to), but more so to explain the serious consequences that may befall you should you just choose to ignore the ticket.  Don't say I didn't warn you!

    

Increased Fines on First Time Offenders

Take a look at this article from The Daily Press in Hampton Roads about proposed legislation to increase traffic fines to fund transportation projects.  The proposed bill would impose an additional $100 fine for traffic offenses that carry penalties of four demerit points.  Such offenses include speeding 10-19, failure to use a turn signal and following too closely.  But it does not end there. 

If you carry a balance of at least 4 demerit points, you will be assessed an annual penalty of $100, plus another $75 fine for each additional demerit point beyond four.  The bill has been labeled an "abusive driver" bill, despite the fact that only two violations could subject a person to these stiffer penalties. 

The problem I have with this bill is the potential collateral effects it could have on the judicial system as well as the general population.  A large segment of our population already does not have the financial ability to pay for traffic fines assessed to them.  As a result, many violators have their licenses suspended for not paying the fines, but continue to drive out of necessity.  I am in no way condoning such behavior, but at the same time realize that for some, there may be no other way to get to work, the doctor, the grocery store, etc.  If the General Assembly were to pass this bill, we will only see an increase in this problem as more people will be unable to afford the fines being proposed.  Our court system will subsequently become even more congested than it currently is.  Anyone who has spent a morning in traffic court can attest that it can be as bad if not worse than waiting at DMV. 

Interesting to note that a patron of this bill, David Albo, is a prominent Northern Virginia defense attorney.  Northern Virginia, revenue for highway projects?  You do the math.

What is Aggressive Driving?

     Having discussed previously the reckless driving statute, I will take a second to explain Virginia's aggressive driving statute.  Virginia Code Section 46.2-868.1, like the reckless driving statute, criminalizes certain driving behavior, much of which has in recent years been referred to as road rage.  Unlike reckless driving, however, prosecution of this law may require an additional element of intent, as I will explain below.

     There are two elements that the Commonwealth must prove to obtain a conviction for aggressive driving.  First, there must be a violation of one or more enumerated traffic regulations.  These include: not driving on the right side of the highway, following too closely, not yielding the right of way, evasion of traffic control devices, improper passing, passing to the right, not allowing a vehicle to pass, speeding, and stopping on highways.  A violation of one of these statutes satisfies the first element for aggressive driving. 

     The second element that the state must prove is that the offending driver was either a) a hazard to another person, or b) committed one of the above offenses with the intent to harass, intimidate, injure or obstruct another person. 

     How is aggressive driving punished, you might ask.  Run of the mill aggressive driving that satisfies the elements listed above is punishable as a class II misdemeanor, meaning a maximum penalty of 6 months in jail, a $1000 fine, and a 6 month suspension of your driver's license.  Additionally, the court may require that you attend an aggressive driving program.  However, if the evidence at trial proves that the aggressive driving was done with the intent to injure another person, the charge becomes punishable as a class I misdemeanor, just like reckless driving, meaning a maximum penalty of 12 months in jail, a $2500 fine and 6 month license suspension.

    Now it would seem that a prosecution of this offense that alleges a defendant was a "hazard" to another person would essentially be a prosecution for reckless driving.  Recall that the general reckless driving statute criminalizes any driving that endangers the life, limb, or property of any person.  Sounds to me like the same thing.  The only difference is that reckless driving is a class I misdemeanor, while most aggressive driving charges are class II misdemeanors.  Which one do you think the police are going to charge you with?  Hint: which one carries a stiffer fine?