RECENT BLOG POSTS
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
Photo by Robert Linder on Unsplash 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...
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...
What should I do if I can’t get my Speedometer Calibrated for Court?
Photo by Zé Ferrari Careto on Unsplash For those charged with reckless driving by speed or speeding in Virginia, it may be advisable for you to get your vehicle's speedometer calibrated so that you can show the court that your speedometer is defective. If your speedometer is off in the right direction, it is common for many judges to adjust your speed by the amount your speedometer was off by. Some judges give speedometer calibrations more weight than others. So a speedometer calibration can be very helpful, especially if your alleged speed is a border line case for reckless driving by speed. Under Virginia Code § 46.2-942, properly authenticated calibration test results are admissible in court, and the technician who performed the test does not have to be in court with you. But...
Virginia State Police to Increase Traffic Patrols for Memorial Day Weekend
Photo by Robert Linder on Unsplash Whether you are headed to Virginia Beach for some sun or headed from a city like Chesapeake or Norfolk to Busch Gardens for some fun, please drive safely out there this weekend. The Virginia State Police will boost patrols over interstates and roads this Memorial Day holiday weekend. Increased patrols will take place from Friday morning, May 24, at 12:01 a.m. and continue through midnight, Monday, May 27. This effort is part of the annual Operation CARE national traffic-enforcement effort. Please be safe and alert out there and remember that going 20 miles per hour or more over the speed limit or driving above 85 mph can land you a reckless driving charge in Virginia. According to the Virginia Pilot, the "2012 Operation C.A.R.E....
Does Ontario Care about Traffic Tickets in Virginia?
If you have a driver's license from Ontario and received a traffic ticket in Virginia, you may be wondering how Ontario will view an out of state traffic ticket conviction. While I am not an attorney licensed in Ontario, their Ministry of Transportation website explains their point system. Apparently Ontario's point system is the opposite to Virginia's. In Ontario, you gain points for convictions and a positive point balance is a bad thing. Photo by Jason Hafso on Unsplash According to the Ontario's Ministry of Transportation website, you can get demerit points on your Ontario’s driver’s license when you violate driving laws in Ontario, other Canadian provinces and territories, the State of New York, and the State of Michigan. This means that at the time I am writing this...
May I Prepay my Reckless Driving Ticket Summons?
Photo by Pickawood on Unsplash In Virginia, you may not prepay a reckless driving ticket. Actually, calling that yellow carbon paper form you received a "driving ticket" understates the matter. The Virginia Uniform Summons form is what law enforcement agencies use to charge drivers with traffic ticket infractions and other more serious driving violation charges. This includes criminal misdemeanor charges. When the officer has you sign a summons at the time of your traffic stop, you are actually promising that you will show up to court at the specified date and time for your trial. (I wrote about what happens if you don't show up to court here.) Signing a summons is basically a bail bond. If you refuse to sign the summons, law enforcement can take you to jail and make you...
What Happens if I Don’t Show up to Court for my Reckless Driving Charge?
Photo by Kelly Sikkema on Unsplash In Virginia, a reckless driving charge is considered a criminal misdemeanor charge. At the time of your stop, a law enforcement officer will make you sign a summons promising that you will appear in court. If you do not appear in court on the date of your trial, a judge may hold the trial in your absence or he may issue a capias. The judge may hold your trial in your absence and find you guilty without you being present. Your final disposition would be marked "Guilty In Absentia." Judges may be extremely harsh on a defendant who does not appear for a reckless driving charge since they view that as disrespect for the court. One lady that did not appear in Newport News for a reckless driving charge following an accident had her license suspended for six...