Legal Question in Traffic Law in Virginia

Re: Reckless Driving

Yes it sounds like he was charged with reckless driving (over 20 mph over the speed limit). Of course an attorney is not required but it is recommended. The attorney may be able to work out a favorable deal with the prosecutor instead of going to trial...or the attorney could actually put on a defense on his behalf in a trial situation. You husband could lose his license and/or be incarcerated and/or fined so he should take this seriously. Yes you can take a safe driving course over the internet and get 5 positive points.

Re: Reckless Driving

No, I disagree. If he is charged with 46.2-870

he has NOT been charged with reckless driving,

although he easily could have been.

The reckless driving statute is very strange.

In a 35 MPH zone, one must be going 25 MPH over

the speed limit. See below. The trooper was

very alert, because he was only 1 MPH off.

He should go to the DMV and request a copy of

his driving record, to make sure the record is

as good as he remembers.

At the day of court, he should find the

prosecutor and talk to him, and show him his

driving record (IF it is good, like +5 or +2).

He could offer to plead to going 54 and get it

knocked down to a lower level of ticket. At 24

MPH over the speed limit, he will lose 6 points

on his license, and they will stay there for 11

years instead of the usual 5.

However, he is so close to reckless that he might

want to get out of there after paying the ticket

and go to church twice on Sunday and give

thanks that he wasn't going 60 MPH instead of 59.

However, it still might be a very good idea to

get a lawyer.

� 46.2-862. Exceeding speed limit.

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit where the applicable speed limit is thirty miles per hour or less, (ii) at a speed of sixty miles per hour or more where the applicable maximum speed limit is thirty-five miles per hour, (iii) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limits where the applicable maximum speed limit is forty miles per hour or more, or (iv) in excess of eighty miles per hour regardless of the applicable maximum speed limit.