Traffic Violations
In Virginia Reckless Driving and Driving While Intoxicated are CRIMINAL CHARGES which carrie possible penalties of jail time, fines, suspension of licenses and other sanctions. A lawyer can defend your rights and potentially have the charged dismissed or reduced
Virginia Reckless Driving Conviction – What does that mean for you?
A First Offense of Reckless Driving...
Is a criminal offense that is considered a Class 1 Misdemeanor and a conviction can result in up to a $2500.00 fine and up to 12 months in jail
Puts 6 demerit points on your DMV record and can result in a driver’s license suspension for up to six months
In addition to court imposed penalties a reckless driving conviction in Virginia carries other serious consequences. A Virginia Reckless Driving conviction means that you will have a criminal record. This can prevent you from obtaining a job as many employers do routine background checks on applicants. You will have to answer that you have been convicted of a crime on applications for jobs or credit. It can prevent you from serving in any law enforcement capacity. And it can cost you thousands of dollars in increased insurance premiums.
Second, third and fourth offenses...
have more serious consequences. This is one of the reasons it is essential to get a lawyer who can defend your rights and work to have your reckless driving charges dismissed or reduced. Because if you are convicted this time the next time the consequences will be much more severe.
Why hire an Attorney
Fortunately with the assistance of a lawyer in many cases the harsh consequences of a reckless driving conviction can be avoided. Depending on the circumstances of your case there may be mitigating factors which will lessen the penalties or there may be defenses available. Much of what happens in a reckless driving case depends on the jurisdiction or county in which you were ticketed. Further, under Virginia law the judge at his discretion can reduce a reckless driving charge to one of improper driving which is a traffic infraction and not a criminal violation and carries a penalty of a fine of not more than $500.00.
The law also allows the commonwealth’s attorney or the prosecutor to reduce the reckless driving charge to one of improper driving before it gets to the judge unfortunately prosecutors in most jurisdictions will not deal directly with the accused but an attorney would be able to assist in negotiating a reduced charge. This is one of the many reasons to retain a lawyer when charged with Reckless driving in Virginia.
In some jurisdictions a reckless driving charge can be completely dismissed upon completion of driving school depending on the circumstances of the case and your driving record but in other cases a complete dismissal of the reckless driving charge can not be obtained. In these cases the goal is the have the charge reduced to take it out of the criminal category of offenses, to one such as improper driving as mentioned above.
If you are not a resident of Virginia and you received a reckless driving ticket in Virginia while passing through, you may be able to hire an attorney to handle the charge for you and avoid coming back to Virginia to appear in court.
DUI/DWI:
If you have been charged with driving while intoxicated, you should consult with a lawyer as soon as possible. There are many tecnical defenses that may be available
Reckless Driving:
Reckless driving cases can often be reduced if not dismissed with the help of an attorney. Call me to be your reckless driving lawyer and avoid a reckless driving conviction.
Speeding:
If you are an out of state driver and you have received a speeding ticket in Virginia, I can attend court on your behalf and fight your ticket and you can avoid losing a day of work just to come to court.
Virginia DUI Conviction – What does that mean for you?
A First Offense DUI...
Is a class 1 misdemeanor that carries a mandatory minimum fine of $250 and a maximum fine of $2500
All first offenders convicted will be required to complete the Virginia Alcohol Safety Action Program (VASAP or ASAP)
All convicted of a DUI first offense will have their license suspended for at least one year.
A first offense DUI conviction may also receive jail time. The maximum time one can be sentenced to jail is one year.
There is no minimum jail time required if your BAC was between .08 and .14, however if your BAC was between .15 and .20 and you are convicted you must serve at least 5 days.
If your BAC was .20 or higher you must serve at least 10 days. In addition if your BAC was .15 or more an Ignition Interlock System (IIS) will be mandated on any car registered to you for a period of at lest six months. You may not drive any commercial vehicle during the time that IIS is mandated for you.
Drunk Driving is no joke. In addition to court imposed penalties a DUI conviction in Virginia carries other serious consequences. A Virginia DUI conviction means that you will have a criminal record. This can prevent you from obtaining a job as many employers do routine background checks on applicants. You will have to answer that you have been convicted of a crime on applications for jobs or credit. It can prevent you from serving in law enforcement and it can cost you thousands of dollars in increased insurance premiums.
Second, third and fourth offenses...
If you have prior DUI convictions within the previous 10 years you will face mandatory jail time and fines among other consequences. This is one of the reasons it is essential to get a lawyer who can defend your rights. Because if you are convicted of Drunk Driving this time the next time the consequences will be much more severe.
IF YOU HAVE QUESTIONS OR WOULD LIKE TO DISCUSS YOUR CASE WITH AN ATTORNEY PLEASE CONTACT ME FOR A NO-OBLIGATION CONSUTATION BY CALLING ME AT (804) 302-5215 OR BY USING THE EMAIL FORM ABOVE
Miller-Cerasuolo provides legal services to the Greater Richmond Area including Richmond, Chester, Colonial Heights, Midlothian, Ashland, Fredericksburg, Mechanicsville, Dinwiddie, Nottoway and Prince George, Chesterfield, Henrico, Hanover, Powhatan, Goochland, New Kent County, Dinwiddie County, Nottoway County, Amelia County, Cumberland, Louisa, King William, King and Queen, Charles City, Essex, Northumberland, Spotsylvania, Richmond County and Prince George contact me for a consultation at (804) 302-5215 or brandi@bmclawoffice.com