Blog / Frequently Asked Questions

what is a reckless driving ticket in virginia?

HELP!  I’ve received a reckless driving ticket in Virginia. What does this mean? What do I do?

You’ve already taken a good first step by researching a lawyer for help! In the state of Virginia, a reckless driving ticket means you were traveling 20mph or more over the posted speed limit (ex: 75/55, 55/35) OR in excess of 85 mph.* Reckless Driving is a Class 1 Misdemeanor charge. This means a conviction would give you a criminal record. 

 What are the penalties for a reckless driving ticket? 

The court can fine you up to $2,500 (not including court costs), impose a 6-month license suspension, and/or sentence you to up to 12 months in jail. 

Is Reckless Driving a felony in Virginia?

A typical reckless driving ticket is a misdemeanor charge.

 Can Virginia suspend my license if I’m from out of state?

The answer is both yes and no. Virginia cannot take your out of state license. HOWEVER, Virginia can suspend your privileges to drive in the state of Virginia. Therefore, if you are driving through the state and get stopped, you will be driving on a suspended license. In addition, your home state has the option to suspend your license simply because Virginia has suspended you. You’ll have to check with your local division or department of motor vehicles on whether they would choose to enforce a suspension.

 How can we help you?

Each case is different. Some will be quite severe while others won’t be. We will assess your circumstances and prior driving history. From there we will discuss with you the best options for things to do pre-trial that would give you the best results. The “best results” will be different for different cases, again, dependent on severity. “Best results” for the very severe will be keeping you from serving active jailtime, will other cases the “best results” may be a dismissal.

 Contact us today for a free consultation and to get started on defenses to your case.

 *LAW CHANGE: On July 1, 2020 reckless driving was changed from 80+ mph to 85+. So you may have a charge of going 83/70 for reckless if the offense occurred prior to July 1, 2020. The majority of the courts in SWVA are still treating this under the old law since the offense occurred at that time. 

Virginia DWI/DUI Frequently asked questions:

What is the difference between a DWI and DUI in Virginia?

- In Virginia, we use the terms interchangeably. They both refer to driving while under the influence. In some states like Maryland the two acronyms have varying degrees of culpability but not in VA.

Am I going to go to jail for a DUI in Virginia and if so how long?

-       It is within the courts discretion to have a jail sentence of up to 12 months for a DUI. Typical first offense non-aggravated, below 0.15 blood alcohol concentration (BAC), will not serve active jailtime up front but will likely have a sentence that included suspended jailtime. 

-       Suspended jail time means the court may sentence you to 90 days in jail but suspend all 90 days for 12 months predicated on the fact that you have no more alcohol related violations or criminal violations. 

-       If your BAC is .15 to .20 there is a mandatory minimum 5 days jail time.

-       There is a mandatory minimum of 10 days for BAC’s above .20

-       Based on the facts, your Southwest Virginia lawyer may be able to get the BAC struck from the record therefore eliminating mandatory jail time. 

What is the fine for a DUI in Virginia?

-       The court will fine a minimum of $250 and up to a max of $2500, not including court costs for a DUI first. 

Is a DUI a felony charge or a misdemeanor?

-       DUI first is a misdemeanor charges but a third DUI rises to a felony charge.

Will a DUI affect my immigration?

A DUI 1st charge will not affect your immigration. A second DUI may have implications.

CAN I GET A RECKLESS DRIVING TICKET EXPUNGED IN VIRGINIA?

Coming soon: December 15.