Can a reckless driving charge be dropped in Virginia?
Yes — in many cases it can. Common outcomes include dismissal for an invalid traffic stop, reduction to a simple speeding charge through a plea negotiation, or a lesser improper driving conviction. The result depends on the specifics of your stop, the evidence available, and whether you have an experienced reckless driving attorney in Virginia in your corner. The nine strategies below cover the most effective ways to fight the charge.
Reckless driving, that is, driving that could potentially cause harm to another person to damage another’s property, is typically a misdemeanor, and the punishments associated with it can differ from state to state. However, even for a relatively minor crime, it can come with fines up to thousands of dollars, and jail time, and could endanger your ability to hold a license.
The help of an experienced lawyer can lend you all kinds of aid in fighting your case, but here are a few tips on how you could get your reckless driving ticket dismissed or moved down to a more minor case.
9 Strategies To Beat a Reckless Driving Ticket
Virginia reckless driving is a Class 1 misdemeanor, not a simple traffic ticket. That distinction matters when it comes to your defense. Each of the following strategies can help get your charge dismissed, reduced, or resolved in your favor.
Show That the Stop Was Not Valid
One of the first lines of defense is to prove that the stop that resulted in the ticket wasn’t valid in the first place. If the officer cannot demonstrate reasonable suspicion of an infraction, then it doesn’t matter what follows, you were ticketed on an invalid stop. This can result in the entire case being thrown out.
Gather What Evidence You Can
The specifics of your case are going to determine whether or not you can have your charges fought and dropped. Finding enough evidence to prove your innocence in court is your best bet. Things like your speedometer calibration, GPS evidence of your travel, and witness testimonies can greatly help in proving to a judge that you’re not responsible for the crime charged.
Show a Fault in Your Speedometer
It may be the case that you were speeding or driving recklessly but weren’t aware. In such cases, a judge can show lenience. This often happens due to the fact that the speedometer is not showing accurate readings. This might not get the case thrown out, as it can be argued that you’re the one responsible for your speedometer readings, but it can be a negotiating step for a smaller charge.
Prove That You Were Under the Influence of Obscured Signs
Road signs are there to inform drivers of steps they should take to ensure their safe driving. Ignoring road signs is one of the most common causes of a reckless driving ticket. However, if you weren’t able to read the signs due to them being obscured in one way or another, this can be enough evidence for the case to be dropped.
Demonstrate That It Can’t Be Proven You’re the Driver
Depending on where you are, the opposition has to prove that you drove the vehicle and, in some cases, the officer testifying that it was you, identified by your license, is not enough. In cases such as accidents where the officer might arrive on the scene after the incident, they may not have actually observed you driving. Similarly, in cases where someone stole your identity and got a ticket in your name, you can use this to argue that you never committed the offense.
Show a Fault With the Officer’s Radar Gun
In the case that an officer picks you up with a radar gun, sometimes checking the radar gun’s readings can help. It can be proved that the radar gun was not maintained or used properly, or didn’t have the right calibrations, to provide a reliable reading. It might have even picked up another vehicle instead of yours.
Proving Your Location
Technicalities exist for a reason, and you can use them in your defense. Depending on the jurisdiction of the officer, if you were on or past the border of a municipality, they may not have technically had the authority to pull you over and ticket you. If you can prove this in a court of law, it may be an apt defense.
Showing That Your Driving Was Necessary
Necessity is a real defense in some reckless driving cases. If there was an emergency on the road, that you did not create, that posed a risk to you and or another person, and your driving was done to mitigate that risk, this could be a defense that applies to you.
Negotiate a Plea Deal
You can negotiate yourself down to a more minor offense and a smaller punishment, especially if it’s your first offense. This can include simple speeding or improper driving, which may result in a small fine and might not even go on your criminal record. Learn more about how plea negotiation works for reckless driving charges in Virginia.
Work With the Lawyers Who Can Handle Your Reckless Driving Ticket With Care
Facing a reckless driving charge in Virginia is serious. A conviction means a permanent criminal record, up to $2,500 in fines, potential jail time, and six DMV points that stay on your record for 11 years. The good news is that with the right defense strategy, many charges can be reduced or dismissed entirely.
Partner with Bernstein Hough today to get experienced, results-driven representation on your side. One recent client shared:
“From the initial consultation to the resolution of my case, they demonstrated professionalism, expertise, and dedication.… I was not present on the court date, but I’m certain it was their confidence and knowledge that successfully got my charges dismissed.”
— Jason Williams
Frequently Asked Questions About Reckless Driving in Virginia
Can a reckless driving charge be dropped in Virginia?
Yes. A reckless driving charge can be dropped if the traffic stop was invalid, if there is insufficient evidence, or if your attorney successfully negotiates a reduction. Common outcomes include dismissal, reduction to improper driving, or a simple speeding ticket. The strength of your defense depends heavily on the facts of your case.
What can reckless driving be reduced to in Virginia?
In many cases, a Virginia reckless driving charge can be reduced to improper driving, which is a traffic infraction rather than a criminal offense, or to a standard speeding ticket. Either outcome avoids a criminal conviction on your record.
Is it worth hiring a lawyer for a reckless driving ticket in Virginia?
Yes. Reckless driving in Virginia is a Class 1 misdemeanor with up to 12 months in jail, a $2,500 fine, and six license points that stay on your record for 11 years. An experienced reckless driving attorney understands local courts, knows what evidence to challenge, and can often negotiate outcomes that are not available to drivers who represent themselves.
Does reckless driving go on your criminal record in Virginia?
Yes. A reckless driving conviction in Virginia becomes part of your permanent criminal record. It is not a simple traffic violation. This is why fighting the charge or negotiating a reduction matters so much, since even a first offense can affect employment, professional licensing, and background checks.
What is the difference between reckless driving and a speeding ticket in Virginia?
A speeding ticket is a traffic infraction. Reckless driving is a Class 1 criminal misdemeanor, the same category as certain assault charges. In Virginia, driving 20 mph or more over the speed limit, or over 85 mph regardless of the limit, is automatically reckless driving. See our page on speeding tickets in Virginia for a full comparison.
