Legal Question in Traffic Law in Virginia

46.2-862 Reckless Driving 86 in 70 MPH in Faquier County on I-66

While on my way to James Madison University for an opera audition (for which I was late), I was pulled over by an unmarked police car. The officer said that I clocked in at 86MPH on his radar, and wrote me a court summons. I have a clean record, and 3 positive points on my license.

Is it possible that some sort of defense could be made in this case, or if my previous record could help to bargain the offense down to improper driving? If convicted, what do you think the most likely outcome is, in terms of fines, license suspension, and potential jail time?


Asked on 2/06/16, 6:08 pm

1 Answer from Attorneys
Sean Hanover Hanover Law

Need a little information. You mentioned that you have a +3 on your record. Generally, a perfect record is +5. What happened to deduct points?

In VA, driving over 80 mph is considered reckless. If convicted, you could face up to 1 year in jail and a $2500 fine. In general, you are looking at a hefty fine and possible suspension. You absolutely need a lawyer for this. Traffic attorneys who know the CA (commonwealth attorney) are much more likely to get this matter lowered. Note, that in VA, your treatment of the police officer has a significant impact on the plea negotiations (unlike, for example DC, where it has little impact, and plea offers are a product of the Attorney General office's policies and procedures).

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Answered on 2/07/16, 5:30 am


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