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The Law Office of Susan E. Allen handles criminal matters, from misdemeanors to felonies, including traffic matters and reckless driving.
Reckless Driving Isn't Just Another Speeding Ticket
Reckless driving in Virginia is a serious offense, not just a traffic infraction. If you are convicted on the charge, you will leave the courtroom with a criminal record for a Class 1 Misdemeanor. This could mean the difference between keeping your job or not. Class 1 Misdemeanors carry a maximum punishment of up to one year in jail and/or up to a $2,500.00 fine. It's not just another speeding ticket.
Reckless Driving can be charged for a variety of reasons. An overwhelmingly common reason is excessive speed. Over 80 m.p.h. or 20 m.p.h faster than the speed limit is considered reckless driving.
It is a six-point offense and those six points will stay on your driving record for 11 years. The conviction will stick with you for your life.
In Virginia, if you accumulate more than 12 points in one year, the Division of Motor Vehicles can suspend your license.
Out-of-State Drivers
Generally, a Virginia speeding ticket will be treated in your home state as if the offense occurred in the home state. This is a general rule and the specific effect of a Virginia traffic conviction should be verified with your division of motor vehicles and/or a lawyer licensed to practice in your home state.
Usually, when you are charged with reckless driving, you will have to appear or arrange for an attorney to appear on your behalf. If you fail to appear, or do not retain counsel to appear on your behalf, the judge may very will issue a bench warrant for your arrest.
Can I Go To Driving School?
It depends. Defendants may be referred to driving school and the charge may be dismissed entirely or reduced if you comply with the terms of the order. If you wish to go to driving school, the judge will likely require you to have a perfect or near perfect driving record. If you've been to driving school before, you may not be eligible. And, if your reckless driving charge was egregious, you likely are not eligible.
Some judges will accept on-line driving courses, but you need to check before you assume the course you take will comply with the judge's order.
What Is A Highway Safety Corridor?
Good question. The Virginia Highway Safety Corridors are stretches of highway, designated by the Virginia Department of Transportation, for enhanced penalties for traffic violations. Generally, if you are cited in a highway safety corridor, your fine will double. The maximum fines for traffic infractions, such as speeding, are increased from $250 to $500. A minimum fine of $200 is imposed for criminal traffic offenses, such as reckless driving.
Driving While Your License is Suspended
A third offense has a mandatory minimum ten day jail sentence.
The Right of Appeal
If you were convicted in general district court of a misdemeanor, you may appeal your case to the Circuit Court. This is an automatic right and your request for an appeal will always be granted provided that you have notified in writing the General District Court of your desire to appeal the case within ten (10) days after it has concluded.
Expungements in Virginia
Expungement of a criminal charge means that the charge is removed from your criminal record. It will be as if the charge never happened. Expungements in Virginia do not result in the destruction of your record; it means, however, that anyone who acquires access to an expunged court or police record cannot open or review it or to disclose to anyone else without an order from the court which ordered the record expunged. If a law-enforcement agency believes it needs access to the expunged record, the Commonwealth has to file a verified complaint alleging that the "record is needed by a law-enforcement agency for purposes of employment application as an employee of a law-enforcement agency or for a pending criminal investigation and that the investigation will be jeopardized or that life or property will be endangered without immediate access to the record, the court may enter an ex parte order, without notice to the person, permitting such access."
My office also handles a real estate matters.
Extensive experience with real estate title matters, land title insurance, and coverage under a land title insurance policy.
Landlord/Tenant issues and disputes
Evictions
Tenants Assertions
Commercial Leases
Foreclosures
Mechanics Liens
Litigation related to real estate matters
Qualified with the Virginia Indigent Defense Commission.
Member, Virginia Association of Criminal Defense Lawyers.
Qualified Guardian Ad Litem for Children.
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