RECENT BLOG POSTS
Can I get a DUI on a Moped?
Yes, in Virginia you can get a driving while intoxicated (DUI) charge while operating a moped! Photo by Claudio Schwarz on Unsplash Virginia Code § 18.2-266 which covers the law for driving while intoxicated explains that it is unlawful for a person "to drive or operate any motor vehicle, engine or train... while such person is under the influence of alcohol." That section goes on to say, "For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth." So please don't think that you are safe from getting a DUI if you are riding a moped. Also, the code defines highway differently than the way most people understand a highway. Virginia Code § 46.2-100 defines a highway as "the entire width between...
Reckless Driving Fines and Court Costs in Virginia
What are the fines and court costs that I can expect for a conviction of reckless driving? Photo by Allef Vinicius on Unsplash Assuming that you are convicted of reckless driving, and you are unable to get a reduced conviction for a non-criminal misdemeanor offense (such as improper driving or speeding), the court will impose a fine and court costs on you as part of your sentence. While the Virginia code allows a judge to impose a fine of up to $2,500.00 for reckless driving, I typically see fines between $300.00 and $500.00. Court costs are usually around $86.00. Typically, fines are higher when high speeds are involved. But this is not always the case. Recently, I had two cases with speeds over 110 mph in a 55 mph posted zone, where the fines were only $250.00 and $350.00. Perhaps...
Why Your Chances of Beating a Reckless Driving Charge May Be Better on Appeal
Photo by Markus Winkler on Unsplash It is always best to beat a reckless driving charge in General District Court, rather than have to appeal it to the Circuit Court. Appealing a case will often cost you more: there will be additional fees required by your attorney if you hire one and higher court costs in the Circuit Court if you are convicted of reckless driving. Still, there will be situations where I counsel my client to appeal the outcome of the General District Court and exercise his or her right to a new or "de novo" trial in Circuit Court. Sometimes I find that the penalty imposed by a judge in the GDC are harsher than normal. In some jurisdictions there is a greater disparity between what different judges of the GDC will do. One judge may give a driver 10...
Woman Charged with DUI and Reckless Driving at the Airport
Photo by Ashim D’Silva on Unsplash A lady in Charlottesville was charged with reckless driving and DUI for driving through the fence of Charlottesville Albemarle Airport. According to reports, she knocked down several sections of the security fence and almost made it to the tarmac before she was arrested by police. Tire marks on the grass showed she was driving around the airport property, perhaps looking for a way back to the street. She was cooperative with the police. Just two weeks ago, I wrote about whether you can be charged with both reckless driving and DUI. I hope her attorney is aware of the law I quoted in that blog post. Police often press charges for offenses over broadly, to make sure that some of the charges stick, but if she was charged with reckless driving in...
May I Drive a Moped after My License is Suspended or Revoked?
Photo by Claudio Schwarz on Unsplash The answer depends on why your license was suspended or revoked. If your license is suspended or revoked for failure to pay court fines, then you would fall under Virginia Code § 46.2-301. There it says that if your driver's license, learner's permit, or privilege to drive a motor vehicle has been suspended or revoked, you shall not: "drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued pursuant to subsection E." However, that code section goes to say: "For the purposes of this section, the phrase "motor vehicle or any self-propelled machinery or...
Can I Be Charged with Both Reckless Driving and DUI?
Photo by Erik Mclean on Unsplash Under Virginia Code § 19.2-294.1, it states that you can not be convicted for BOTH 1) reckless driving under § 46.2-852 (which is the "general" reckless driving statute for driving at a speed or manner so as to endanger the life, limb, or property of any person) and 2) driving under the influence at the same time if these charges arose from the same incident. Specifically the statute states: "§ 19.2-294.1. Dismissal of one of dual charges for driving while intoxicated and reckless driving upon conviction of other charge. Whenever any person is charged with a violation of § 18.2-266 or any similar ordinances of any county, city, or town and with reckless driving in violation of § 46.2-852 or any ordinance of any...
Reckless Driving for an Obstructed View
Photo by anja. on Unsplash Reckless driving charges in Virginia can come in fourteen different forms. Recently, I had a client summoned to appear court in Virginia Beach on a reckless driving charge for having an obstructed view under Virginia Code § 46.2-855. That code section states: A person shall be guilty of reckless driving who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle. This code section is not frequently used, but is most often cited when there are more passengers in the front seat than there are seat belts. In situations like this, it is important to get the...
Hydroplaning is Not Reckless Driving!
Photo by Clay LeConey on Unsplash Hydroplaning is neither reckless driving nor improper driving! Recently in the news it was reported that a car hydroplaned into the police cruiser of a state trooper in Newport News while travelling on Interstate 64. The driver of the vehicle was charged with reckless driving for failure to maintain proper control of the vehicle under Virginia Code § 46.2-853. Thankfully, no one was injured in the accident. If the facts in that case show that the driver hydroplaned due to no fault of his own, his defense attorney should argue that the charge should be dismissed (as opposed to reduced to improper driving). Earlier this year, on February 19, 2013, the Court of Appeals of Virginia issued an opinion concerning a case with similar facts. In Berger v....
Medical Emergency as a Defense to Reckless Driving
I represented a driver charged with reckless driving after he passed out from syncope (fainting) and drove his car into a tree. The medics arrived and noticed that he had low blood pressure and was dehydrated. In cases where there is a sudden illness or sudden medical emergency, such as a heart attack, fainting, or blacking out, where the driver had no warning of what was about to happen, defense attorneys should argue for the case to be dismissed. I was glad to get a dismissal for my client. The case law is different though where the driver fell asleep and should have known better than to over exert himself. For example, a driver should know better than to drive if he hasn't slept in days. Still, in cases where a driver fell asleep and caused an accident,...
Getting a Continuance for Your Reckless Driving Trial
Photo by Nadeena Granville on Unsplash Can I get my court date moved for my reckless driving charge in Virginia? Yes. In Virginia, either an attorney or a defendant may make a continuance request. "Motions to continue" are heard in person at the beginning of the court's docket. When you show up to court on your scheduled court date, get in line to make your motion to the judge when the judge asks to hear any motions, instead of waiting until your name is called. Some courts allow defendants to make a continuance request before a defendant's scheduled court date. Each local courts has its own procedures for that. You should speak with your local court court to check their procedures for continuances. Continuances are granted for good cause. Good reasons include hiring a lawyer, military...