Learn More About Reckless Driving: Elements, Conduct, Penalties
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Like driving under the influence (DUI/DWI), reckless driving or operating a vehicle in a dangerous manner can bring your name in court where you have to face the jury and get through the consequences of your violation against the proper traffic conduct. Unlike DUI offenses wherein the driver may be unaware of his act due to the impairing influence of alcohol or drugs; reckless driving differ because it involves "willful or wanton disregard for the safety of persons or property," thus making him or her guilty of the charge.
Since reckless driving is a serious offense, it is a misdemeanor crime punishable by the state. It means that there are constitutional rules that apply and it is the prosecution who will file the suit. The offender can be incarcerated if proved that he or she is guilty beyond a reasonable doubt. However, the defendant can also fight for his/her right and can get an assistance of a legal representative who is expert in the field of criminal traffic offenses. In this type of case, Miranda rule or the right to "remain silent" can be used, and it is the duty of police officers who performed the arrest to inform the defendant that he or she can remain silent before answering questions in the presence of his/her lawyer.
The Penalties of Reckless Driving:
Generally, the reason why reckless driving is serious is because it is considered to be a “traffic violation that allegedly endanger the public.” What are the penalties that an offender will face upon violating a traffic law?
A criminal history and record for traffic misdemeanor.
Deportation (if not a national of a particular country).
Revocation or suspension of driver's license.
Substantial fine and jail sentence.
In Virginia, the code pertaining to reckless driving is define to be a Class 1 misdemeanor criminal offense, and not a simple traffic violation or speeding ticket that reckless drivers can easily get away with. As an example, the Virginia code defines that the act of speeding 20 mph or above the standard speed limit (or any speed greater than 80 mph) is already classified as reckless driving.
Due to the severity of these penalties, most drivers are asking for an capable assistance of a Virginia Criminal Lawyer to provide them with sound legal advice and to devise effective defense strategies against the charges.
What Conduct Can Make You Guilty of Reckless Driving?
Excessive Speed or Over- Speeding
Failure to Signal
Failure to Yield Right-of-Way
Illegal Passing
Aggressive, Careless, Dangerous Driving
Drag Racing
Elusion Attempt
A reckless driving charge can taint your reputation big time. You can fight for your right and find for legal help. If you reside in Culpeper County, Virginia, find a Culpeper County Criminal Lawyer whom you can trust to handle you case efficiently. A criminal charge is not a joke, resolve it seriously with a criminal lawyer who is also serious in defending your right.