Virginia Reckless Driving Lawyer

Posted on September 2, 2012 by John Naumovski

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V I R G I N I A R E C K L E S S D R I V I N G

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A Virginia Reckless Driving Conviction means a Permanent Criminal Record:

Welcome to Law Offices of John Naumovski. A large majority of all traffic cases handled by attorney John Naumovski are reckless driving (currently about 80% of traffic cases). There are over 17 different Virginia reckless driving offenses and the attorney can assist

Reckless Driving Lawyers | Reckless Driving Attorneys

in defending you against whichever one you been charged with including reckless driving due to speed (20 miles over speed limit or over 80 miles an hour), passing a stopped school bus, general reckless driving, racing, and reckless driving resulting from failure to maintain proper control of a vehicle to name a few of the common charges.

Reckless Driving in Virginia is a serious offense, classified as a class 1 CRIMINAL misdemeanor. Conviction of reckless driving can result in up to 1 year in jail, fines of up to $2,500, suspension of your license for up to 6 months, 6 demerit points on driver’s license (Virginia DMV license holders) loss of your security clearance (federal employees, contractors or military) in some cases as well a possible increase in insurance premiums.

Although Virginia Reckless Driving is a jailable offense, most judges (depending on the jurisdiction) don’t give active jail time for reckless driving based on speed that involve relatively low speeds (e.g. 77 in 55). However, regardless of whether a judge gives jail time or not, a reckless driving conviction, because it is a criminal offense, will result in a permanent criminal record. For Virginia licensed drivers, a reckless driving conviction lasts on their Virginia DMV Record generally for 11 years (other state’s DMV may keep a record of a reckless driving conviction for less or more and you should contact your state DMV if you are an out of state driver to determine how long it will stay in your state’s particular DMV record). Don’t confuse Virginia DMV policy of removing a reckless driving conviction after 11 years with a criminal record. Even if Virginia DMV removes a reckless driving conviction from your Driving Record after 11 years, a criminal history check will still pull up a reckless driving conviction.

Dismissing, Reducing or Mitigating Virginia Reckless Driving Charges

Posted on July 2, 2012 by John Naumovski

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Note from Virginia Reckless Driving Attorney John Naumovski

The likelihood of getting a dismissal or reduction in a Virginia Reckless Driving Case depends on many factors. Some of these factors can not be controlled (who the judge will be, who the trooper that pulled you over or who the prosecutor (also known as the Commonwealth Attorney) assigned to your case will be. Other factors involve past actions or events, for example whether you have a good driving record or not and statements that were made at time of the stop (did you confess how fast you were going?).

Other factors are in your control and the most important factor is who you decide to have next to you during this process and in court. As a law firm focusing in Virginia traffic law and in particular Virginia reckless driving, the law firm works hard to obtain the most favorable outcome possible. Unlike other attorneys, who may only do traffic law as a side field of law to supplement their main practice, the law firm works closely with its clients up to and including the day of the trial.

A multi-defense strategy includes:

•Minimizing and neutralizing negative factors working against our clients. For instance, if the client has a bad driving record, then it is studied it to see if it can be spun in a more favorable light. Was the client represented in the previous traffic offenses or did the client just prepay the traffic violations (would argue that those charges although resulted in default guilt at time of payment, were not tried on there merits). Another example would be if a client is a young driver and which often judges will treat that person’s case harsher due to lack of a driving record and also to get a point across to the client that his or her driving behavior needs to change, instead try to focus on how a reckless driving conviction can essentially cut off a lot of future opportunities which the court should consider prior to making a decision.

• Maximizing the factors that work in favor of our clients, which can be many and depend on each individual client’s case.

• Carefully reviewing the events surrounding the stop by the officer or trooper. Did the Officer or Virginia State Trooper properly determine speed using either PACING or radar, what type of radar was used, and does the Officer or State Trooper have the necessary documentation to proof that the speed obtained is admissible in court? If it is determined than there may be issues regarding the Trooper or Officers use or understanding of radar and its underlying technology, then the law firm can obtain a copy of the Radar manual used by the Trooper or officer and question him or her during the trial.

• Based on all the factors favorable and negative in a clients case, do an assessment with the client on what might be the best way to proceed. The options can include, having the client take some pre-trial steps (e.g. driver improvement course, getting calibration for vehicle), having the case decided by the judge, or trying to come up with a plea deal with the Commonwealth Attorney or trooper/officer.

Out of State Drivers facing Virginia Reckless Driving

Posted on July 2, 2012 by John Naumovski

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A large portion of clients of the law firm are out of state drivers. Depending on your particular reckless driving charge and the severity of the charge, it may be possible for the law firm to handle your reckless driving charge without you having to return to Virginia to be present for the trial. Whether a trial can be handled on your behalf by the law firm depends on the type of reckless driving charge, the severity of the charge and the jurisdiction (i.e. the city where the court is located at).

A Virginia Reckless Driving Charge can be Reduced to Lesser Traffic Offenses (Traffic infractions)

Posted on June 2, 2012 by John Naumovski

A Virginia Reckless Driving ticket can be reduced to a lower non criminal offense (traffic infraction). At the conclusion of a trial, based on all the evidence a judge can decide to reduce the charge, or a Prosecutor, Trooper or Officer may be willing to plea deal and reduce the charge. A reckless driving charge based on speed can be reduced to regular speeding, improper driving or defective equipment and which are all non-criminal traffic offenses (traffic infractions). Reckless Driving, general, 46.2-852; and other Reckless Drivng charges not necessary involving speed can be reduced to improper drivng or other traffic infractions.

The best reduction would be to defective equipment which is a non-moving traffic infraction and there are no points assigned, however, judges tend to be reluctant to reduce a reckless driving to such a minor infraction and a client’s best chances for a reduction to defective equipment requires a calibration showing a substantial defect.

The Various Virginia Reckless Driving Offenses:

Posted on February 2, 2012 by John Naumovski

Below is a general description of the most often charged Virginia reckless driving offenses in HamptonRoads. Please contact the law firm to discuss more in detail any below offense you may of been charged with.

§ 46.2-852. Reckless Driving, General: This statute tends to be the catch-all statute for all types of reckless driving allegations. It is broadly worded, “any person who drives a vehicle on any highway recklessly or at a speed or in a manner”, but still the Commonwealth must proof that the alleged behavior “endanger{ed} the life, limb, or property of any person” to obtain a reckless driving conviction.

§ 46.2-853. Driving vehicle which is not under control; faulty brakes: This tends to charged in conjunction with an accident.

§ 46.2-854. Passing on or at the crest of a grade or on a curve.

§ 46.2-855. Driving with driver’s view obstructed or control impaired. This tends to be charged in conjunction with an accident.

§ 46.2-856. Passing two vehicles abreast.

§ 46.2-857. Driving two abreast in a single lane.

§ 46.2-858. Passing at a railroad grade crossing.

§ 46.2-859. Passing a stopped school bus. Often times clients just never see a school bus stopped because they are focusing on something else. Rarely do clients intentionally pass a stopped school bus. Unfortunately, not seeing a school bus that is stopped or not intentionally trying to pass one that is stopped is not a defense by itself (it can be relevant though as mitigating evidence). The good news is that there are defenses that are available and which can be discussed with the law firm.

§ 46.2-860. Failing to give proper signals.

§ 46.2-861. Driving too fast for highway and traffic conditions.

§ 46.2-862. Exceeding speed limit. Anyone going over 19 miles above the posted speed limit or anyone traveling 80 miles an hour and above will be charged with reckless driving

§ 46.2-863. Failure to yield right-of-way.

§ 46.2-864. Reckless driving on parking lots, etc.

46.2-865 Racing: Racing is also a reckless driving offense, however, a punishment can be more serious than the other reckless driving offenses. If found guilty of racing, a driver can lose his or her license for a minimum of 6 months and up 2 years (compared to the other reckless driving charges which limit suspension to 6 months).

Appealing a Reckless Driving Conviction:

Posted on January 2, 2012 by John Naumovski

If found guilty of reckless driving in General District Court (this is the court where all reckless driving cases are heard in addition to other civil, traffic and criminal matters), a defendant has 10 days to appeal the decision. If appealed, a de novo trial (i.e. a brand new trial) will be heard in the higher court, Circuit Court. The trial at the Circuit Court can be in front of a judge or a jury. Either the Defendant or the Commonwealth Attorney (Prosecutor) can opt for a jury to decide the case. At the trial, the Commonwealth would have to again establish beyond a reasonable doubt the elements of whatever reckless driving offense a defendant has been charged with.

Whether to appeal a reckless driving conviction to Circuit Court is something that can be discussed with Law Offices of John Naumovski as there are risks and benefits to appealing a conviction.

All Reckless Driving Representations are handled at a Fixed Fee:

Posted on December 2, 2011 by John Naumovski

The law firm offers reckless driving representation at a fixed fee. The fixed fee can vary based on the reckless driving charge, the city you got your reckless driving ticket, if an individual has a commercial drivers license, and if your case involves excessive aggravating circumstances such as a very high speed, alcohol or drug use and other issues.

Please call the law firm for a free, no obligation quote.