Emporia Reckless Driving Defense Lawyer

Emporia Reckless Driving

Were you charged with reckless driving in Emporia, Virginia? If so, it’s important not to take this charge lightly. Instead, turn to an experienced Emporia criminal defense lawyer right away for help. 

Reckless driving is a Class 1 misdemeanor in Virginia, which means you could face stiff fines and even jail time if you are convicted and receive the maximum punishment. This type of offense crosses the line from a simple traffic offense to a criminal charge. A conviction could have a significant impact on your finances and your freedom. 

Don’t let a reckless driving charge impact your life more than it should. Turn to Attorney Samantha Upton at Upton Law, PLLC, for the skilled legal counsel you need and deserve. Contact Samantha now for a free and confidential consultation.

What is Reckless Driving?

Virginia defines reckless driving as behavior that endangers the life, limb, or property of other motorists.

Law enforcement has plenty of room to widely interpret and apply the definition of reckless driving. That is why if you are cited for reckless driving, it is best to contact an experienced Emporia reckless driving defense attorney to discuss the charges you face, what they might mean for your future and your best legal options for fighting them.

Reckless Driving and Speeding Tickets Compared

Speeding is often lumped in with reckless driving behavior in the popular imagination. But what is the difference between a speeding ticket and a reckless driving ticket? Plenty. Simple speeding carries vastly different consequences from reckless driving. Speeding isn’t always classified as reckless driving.

Breaking down the difference between the two can be difficult. Speeding can be elevated to reckless driving when a driver operates their vehicle at speeds that endanger other drivers’ lives and safety. What is reckless speed? Generally, exceeding a posted speed limit by 20 miles per hour can be considered reckless. Driving over 80 miles per hour, regardless of the posted speed limit, can also be characterized as reckless driving.  

Other Kinds of Reckless Driving

Speeding isn’t the only driving behavior that can result in a reckless driving charge.

Reckless driving could also include:

  • Failing to yield the right of way
  • Improper passing
  • Passing an emergency vehicle
  • Passing a stopped school bus with lights flashing
  • Driving too fast for road or weather conditions
  • Street racing

Technically, law enforcement can cite a driver for reckless driving when the officer feels that the individual’s behavior was reckless or dangerous to other drivers.

Consequences of Reckless Driving in Emporia

Virginia classifies reckless driving as a Class 1 misdemeanor. If a motorist is convicted of reckless driving, they can face a range of criminal penalties such as:

  • Suspension of driver’s license for up to six months
  • Fines up to $2,500
  • Up to one year in jail

A reckless driving conviction gives an individual a criminal record. Having a criminal record can sometimes limit a person’s employment, housing, and credit options. 

Although reckless driving is generally considered a misdemeanor offense, it can rise to a felony in some situations. If a death occurs because of reckless driving, a motorist may face a Class 6 felony. Reckless driving can also be considered a felony if a driver is charged with reckless driving while having a suspended or revoked driver’s license. A felony conviction can lead to up to 20 years in prison.

In addition to criminal penalties, a driver might also have six points added to their Virginia driving record. Most drivers with a reckless driving conviction on their record can also expect to pay higher car insurance premiums. In some instances, drivers with a conviction on their record might be ineligible to rent a car.

Common Defenses to a Reckless Driving Charge

A reckless driving violation is often issued at law enforcement’s discretion. One possible defense to a reckless driving charge is to establish that while the driving may have been poor, it did rise to the level of recklessness.

Other possible defenses to a reckless driving charge may include:

  • The defendant was not the one driving the car at the time.
  • Law enforcement’s equipment was faulty, such as the radar gun.
  • Reckless driving was necessary due to an emergency or to avoid harm.

A skilled reckless driving defense attorney will be able to review your situation and determine what defense strategy could best apply to your circumstances.

How an Emporia Reckless Driving Attorney Can Help You

You may think that because many reckless driving charges are misdemeanors, they are not serious crimes. The penalties for a reckless driving conviction can be severe, though. Thousands of dollars in fines, losing your driving privileges for six months, and potentially facing jail time are consequences no one wants to face. 

An Emporia reckless driving lawyer will work hard to obtain a favorable outcome for your situation. When you reach out to Samantha Upton, you can get honest legal advice about your situation and a skilled litigator in your corner. She has a track record of success in helping Emporia drivers handle traffic-related offenses like reckless driving. She is ready to put her experience to work for you. 

Contact an Emporia Reckless Driving Attorney Today 

If you’ve been charged with reckless driving, you need the help of an experienced and knowledgeable Emporia reckless driving attorney. At Upton Law, PLLC, the focus is always on helping clients achieve the most positive outcome for their situation.

Don’t let a reckless driving charge interfere with your life. For a case review, contact Upton Law, PLLC, today. When you reach out, Attorney Samantha Upton can review the circumstances of your case and give you honest advice about your next steps. 

 

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