Reckless Driving Misconceptions in Virginia

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Leavitt & Martin Attorneys At Law

Leavitt & Martin Attorneys At Law

Күн бұрын

What if I didn't know I was driving so fast? What if I was trying to get to a rest stop to use the bathroom? Will I get jailtime? What do I do when I get a ticket for reckless driving in Virginia?
Call (804) 873-4004 for help with your reckless driving case.
In this video, we cover a few common misconceptions about reckless driving in Virginia and explain what you need to do immediately if you have a ticket for reckless driving.
So every state is different on reckless driving. Virginia's reckless driving law is, in some ways it's the most severe because it's the only state that I'm aware of that it's reckless driving to drive 81 miles an hour in a 70 zone. So in Virginia, you can be going 11 miles over the speed limit, which a lot of people do, and it's a class one criminal misdemeanor, which will leave you with a criminal record if you don't get it reduced.
there are several common misconceptions about possible defenses in traffic cases. The first would be that you were just going with the flow of the traffic. Going with the flow of the traffic is not a defense to a reckless driving charge. If the flow of the traffic is exceeding the speed limit, the officer is justified in pulling one or all of the individuals over on the side of the road. And just because you are in that pack doesn't mean that you're also not guilty even if he didn't pull anyone else over. Having a clean driving record is not a defense to a reckless driving charge. While it would certainly help if you hired an attorney who went to court for you it's not a defense as to whether you're guilty of reckless driving. Having your cruise control set at a particular speed is not a defense to a reckless driving charge. If the officer clocked you at a particular speed the fact that you had your cruise control is only a piece of evidence and it doesn't mean you're not guilty.
People in Virginia do go to jail. There was a Washington Nationals pitcher or a baseball player who went to jail for 10 days for reckless driving by speed. So whether or not you are realistically facing jail time for a reckless driving ticket depends on the facts of the case. So if it's reckless driving by speed, typically higher-speed cases that are over 90 miles an hour, over 100 miles an hour certainly, or 30 or more over the speed limit, those are in areas where jail time is potentially on the table. If you were reckless driving in a school zone, depending on how high you were above the speed limit, you could absolutely get some jail time for that. So if you have a reckless driving ticket the first thing you wanna do is contact an attorney who is very familiar with the court that your case is in. So look at your ticket. Yours summon to appear is gonna tell you what court you're summoned to appear in. And you're gonna want to talk to an attorney who is knowledgeable and experienced in that particular court. A lot of people contact me for courts that are in Fairfax or other parts of the state where we don't go. And every court does things differently and even at different speeds. So in some courts, you might be facing potential jail time and in other courts, you might be able to get a charge reduced even at the same speed with the same driving record and the same set of facts.
Something that differentiates Leavitt & Martin from other law firms is that Dan and myself, we handle our cases personally. We don't have associates that handle our cases for us. We don't send associates to court to handle your cases. You will get straightforward, direct attention from both Dan and me, and we will handle them personally. Furthermore, we see ourselves as counselors of the law. And that means we don't just look at legal defenses. We also look at solutions that will help you as a person avoid these sorts of situations in the future.
if you received a ticket in Virginia you should pick up the phone and call us for a free consultation. We're also happy to talk to you about whether or not we think you need a lawyer. It doesn't cost you anything and you should call us today.
www.leavittmar...
www.leavittmar...
www.leavittmar...
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www.leavittmar...
www.leavittmar...
Leavitt & Martin, PLLC
14413 Justice Rd.
Suite 1
Midlothian, VA 23113
(804) 873-4004

Пікірлер: 45
@paulc2548
@paulc2548 3 жыл бұрын
Virginia highway speed set at 55mph is too low for modern day driving. Not even the Officers and State Troopers drive 55mph on the highway [Any officers or State Troopers can comment and let me know if I am way off on this] because I often seem them drove way fast and passed me by on the highway. Driving 55mph in the highway even on the right lane, will invite tailgaters, aggressive drivers, high beam flashers, close shaved lane mergers, and middle fingers at you in no time. Yes, I have tried driving 55mph and I got all of the forth mentioned gestures throwing my way within minutes of doing so. I would say 65mph would be a more reasonable speed limit.
@8307c4
@8307c4 3 жыл бұрын
We're 65-70 on most interstates but either way the "55 is too low" is also not a valid defense in court.
@paulc2548
@paulc2548 3 жыл бұрын
@@8307c4 I do understand that "55mph is too low" is not a valid defense in court. I just wanted to say that driving 55 is just too slow and doing so (yes, it is the right thing to do as well) will attract all kind of aggressive drivers to you. I tried driving 55mph many times, and each time other drivers endanger my life by tailgating me, flesh high beams, honked, and cut in my lane within inches of my front bumper and even brake checked me!
@Alejo-nf2lg
@Alejo-nf2lg 2 жыл бұрын
fact just got a ticket, cop said i was doing 81 on a 55 ... it is stupid as fuck they just love fucking you in the ass ...meanwhile officers zoom up and down all the time.....
@ernestliving
@ernestliving Жыл бұрын
@@Alejo-nf2lg this^ I swear on all my ancestors a cop tailgated me turned his bright lights on his vehicle was black so I was resllly confused it was dark at night so we was going 55 i speed around 75-80 to get him off my ass then he tickets me smh
@the_nguy9123
@the_nguy9123 Жыл бұрын
Even if the speed limit was raised to 65 mph you would still get hand gestures thrown at you for driving the speed limit. Also, I understand that modern cars are well equipped with technology making it safer to drive faster than 55 mph, but they're still cars out there that are old and until every car on the road is able to go faster safely, the speed limit will remain low.
@kalebbarant1990
@kalebbarant1990 2 жыл бұрын
In Virginia, it honestly doesn't matter what the circumstances are. If you exceed 80mph and get pulled over, you're getting a reckless driving charge. My speedometer failed in a car I only had for a week and wasn't use too yet. I got pulled over in Alleghany County VA and got a reckless driving charge and a class 1 misdemeanor for speeding. I had proof of my speedometer malfunction from the dealership I bought it from, hired an attorney, and STILL got a $680 fine, 6 points off my license, and a class 1 misdemeanor. It's been long enough now that my driving record has started to recover, but a class 1 misdemeanor reckless driving charge stays on your record for 11 years.
@johnsmith6304
@johnsmith6304 2 жыл бұрын
Wait i heard that it lasts forever on your criminal record and 11 years on driving record, I hope your right
@kalebbarant1990
@kalebbarant1990 2 жыл бұрын
@@johnsmith6304 the class 1 misdemeanor never goes away, but the reckless driving charge does go away in 11 years.
@troybarber4475
@troybarber4475 Жыл бұрын
Did you have to do any jail time??
@kalebbarant1990
@kalebbarant1990 Жыл бұрын
@Troy Barber fortunately no, but I almost did.
@midas7659
@midas7659 Жыл бұрын
@@kalebbarant1990 how fast were you going?
@elel4284
@elel4284 2 жыл бұрын
IN VIRGINIA THEY SCREW YOU I WAS PULLED OVER SPEEDING AND THE OFFICER OVER EXAGGERATED SPEED AND CHARGE ME WITh A HIGHER SPEED AS A RESULT I WAS CHARGE WITH A MISDEMEANOR IT MESSED UP MY JOB AS A DRIVER . IN MI OPINION SPEEDING FOR WORK SHOULD HAVE SOME KIND OF FORGIVENESS RENT DOESNT WAIT IN THE USA AND THE JUDGES KNOW THAT. I TE UNFAIR SOME OFFICERS AT THE DETENTION CENTER TREAT YOU SO BAD LIKE IF WAS A MUDER CASE ALL IT WAS WAS A TRAFFIC VIOLATION . ITS SO UNFAIR FOR CITIZENS
@TheUncleSatan
@TheUncleSatan 10 күн бұрын
North Carolina and South Carolina also have reckless by speed for exceeding 80 MPH regardless of the speed limit as well as exceeding the speed limit by more than 15 MPH.
@elel4284
@elel4284 2 жыл бұрын
55 MPH HIGHWAY IN VIRGINIA IS WAY TOO EXAGERATED
@maverickphantom005
@maverickphantom005 Жыл бұрын
Arizona has similar driving laws as Virginia... however, Arizona has some nice "getaway" from ticket rules though, and Virginia traffic law is complete garbage.
@smashing_data4292
@smashing_data4292 12 күн бұрын
Virginia, the Switzerland of the Americas. If it seems like a bad idea assume its reckless driving.
@jaden9104
@jaden9104 2 жыл бұрын
I’m so fucked
@gregheffely9899
@gregheffely9899 Жыл бұрын
How did it go
@thatwascutelmaoo5465
@thatwascutelmaoo5465 Жыл бұрын
i’m about to cry out of my anxiety now…
@midas7659
@midas7659 Жыл бұрын
@@thatwascutelmaoo5465 what happened with u i got a reckless driving 93 in a 65 but the zone just switched from 75 to 65
@thatwascutelmaoo5465
@thatwascutelmaoo5465 Жыл бұрын
@@midas7659 okay so, depending on your state you have to do research on the consequences. I’m in the state of Virginia and i got lucky with my judge, I voluntarily gave my license to the court for 6 months (Voluntarily Suspension) so it doesn’t show on my record a misdemeanor charge. Also, look into doing community service hours and if your planning on going to school look into taking classes or trainings or look into the military . The best way to help your situation is to make it look like if they were to give jail time as a possibility that it would ruin you. If you get a lawyer discuss this as well. Take a Drivers improvement online course (you’ll have to pay but it’s legit) lmk if you need the link, and a aggressive drivers course as well. I’m not sure if your familiar with Traffic Court but the first time you go they’ll tell you if your either paying a fine and the amount or the severity of your case. CONTINUE IT!!!!!. it gives you more time to do these things, if you aren’t able to do most of them by your second court date, ask your lawyer to continue it!!! if you are 21 and under I highly suggest bringing family along with you to help your image. I brought my mom who is a veteran and it helped me
@thatwascutelmaoo5465
@thatwascutelmaoo5465 Жыл бұрын
@@midas7659 i’m sorry that was super long but my advice from what i did was, online classes (1 or 2) at least unless your in highschool it makes it easier, and community service/or at least took an asvab for military (or both), take both drivers courses (improvement and aggressive), if your lawyer gives you the option of voluntary suspension take it. that’s almost like a “ghost record” and won’t show on your permanent on so if you did plan on going to the military or anything that requires a license it won’t show on your background check. If your lawyer tries to explain how the prosecutors would speak to you just to make you nervous, just know for me they didn’t say anything at all. it was mainly my lawyer that spoke for me and i only spoke when the judge asked me questions. I hope this helps if your feeling nervous lol, i cried like a baby after because of how grateful i was. i was 105 on a 65. you got this !!
@connorbaker2542
@connorbaker2542 4 жыл бұрын
Music was a bit too loud
@ikeriascott7946
@ikeriascott7946 Жыл бұрын
“If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven, and I will forgive their sin and will heal their land.” 2 Chronicles 7:14❤️ Please don’t take this lightly guys repent today, no day is promised so do it now, here’s the sign you’ve been looking for. God loves you and so do I❤️❤️
@elel4284
@elel4284 2 жыл бұрын
IN VIRGINIA THEY SCREW YOU I WAS PULLED OVER SPEEDING AND THE OFFICER OVER EXAGGERATED SPEED AND CHARGE ME WITh A HIGHER SPEED AS A RESULT I WAS CHARGE WITH A MISDEMEANOR IT MESSED UP MY JOB AS A DRIVER . IN MI OPINION SPEEDING FOR WORK SHOULD HAVE SOME KIND OF FORGIVENESS RENT DOESNT WAIT IN THE USA AND THE JUDGES KNOW THAT. I TE UNFAIR SOME OFFICERS AT THE DETENTION CENTER TREAT YOU SO BAD LIKE IF WAS A MUDER CASE ALL IT WAS WAS A TRAFFIC VIOLATION . ITS SO UNFAIR FOR CITIZENS
@heyitsjrae23
@heyitsjrae23 2 жыл бұрын
how fast did they clock you and did you do jail time?
@ernestliving
@ernestliving Жыл бұрын
United States is corrupt they exaggerated my speeding limit also FK 12
@ernestliving
@ernestliving Жыл бұрын
Virginia is stupid the driving laws suck here
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