Legal Question in Traffic Law in Virginia
Reckless Driving in Virginia
I received a traffic citation for Reckless Driving (46.2-853) in Virginia on I77 South. No other vehicles were involved. I was doing 60 (not speeding, in the left lane, following other traffic), when I hit a patch of snow (the roads were clear, but the shoulder was not) that was on the road. I went into a spin and went into a ditch. The officer that cited me told me that I was getting this ticket because he had been otu there for 6 hours, and I was the only person in an accident. What are my options?
1 Answer from Attorneys
Re: Reckless Driving in Virginia
It would appear that you have a defensible case in
traffic court against this charge which is a jailable offense with obvious insurance and driver points repercussions, and you should be prepared to go to trial, if necessary.
Umder the fact scenario that you've put forth, a less serious charge such as Improper Driving (S46.2-869 Va. Traffic Code)would appear to have been the more appropriate charge under these circumstances. Improper Driving is classified as an infraction carrying a maximum fine of $500.00.
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