Virginia Reckless Driving: Court Appearances
By signing the summons, you are promising to appear in the court. If you have been charged with Virginia class 1 misdemeanor of reckless driving and returning to Virginia will be a hardship or difficulty for you, then you can have an experienced reckless driving attorney see if she can make an appearance on your behalf.
Depending on the facts and circumstances of your case and the jurisdiction of your offense, this may be possible. In other cases, you will be required to return to appear for the case. This is typically the case in high-speed cases or cases where the driver has a significant prior record for driving dangerously. Call and schedule a consultation with a Virginia reckless driving lawyer straight away if you have been arrested and/or charged with driving recklessly.
Fighting Your Charges With The Help of a Lawyer
If you want to fight the charge, depending on what type of fight you wish to pursue, an experienced reckless driving attorney can advocate on your behalf. If you have been charged with reckless driving and you are an out-of-state driver, contact a reckless driving attorney to find out what your options are. Find out what representation entails and how the defense process will proceed.
Can An Attorney Go To Court On Your Behalf?
Yes, if you are charged with Virginia reckless driving, the attorney may be able to go to court on your behalf. This may include negotiating with a Commonwealth Attorney and potentially even having a trial in your absence. Again an attorney appearing on your behalf depends on your specific jurisdiction. Some jurisdictions will not allow attorneys to appear for clients while other jurisdictions have it occur on regular basis. In addition, for certain speeds it is typically required that a defendant appear in court. If you are facing potential loss of license or loss of liberty—meaning active jail time—your appearance will be required.
Common Myths About Reckless Driving Charges
Being unaware of Virginia laws is not a defense when you receive a reckless driving ticket.
If you didn’t know that driving over 80 mph was reckless driving, you still knew the posted speed limit. The highest posted speed limit in Virginia is 70 mph. You are responsible for knowing the laws in each state you operate your motor vehicle in. This is pursuant to interstate compact. Every driver who has a license in one state is given full faith and credit in other states. This assumes that you know the driving rules in the other states, therefore you are deemed to know the laws in the highways and laws in Virginia once you enter those highways. Ignorance of the law is not a defense.
Important Things for Out-of-State Drivers to Know in Virginia
First of all, every out-of-state driver should know that Virginia takes speeding offenses very seriously. Driving in excess of 80 mph or more than 20 mph over posted speed limit is not a speeding ticket infraction, but is rather a criminal misdemeanor. You should know that reckless driving is a serious matter that will likely require a court appearance and that prosecutors in the Commonwealth and law enforcement officers take the charge very seriously. It is a public safety issue and they enforce it aggressively.
Patrick Woolley Attorney At Law
Leesburg, VA 20175
Warrenton, VA 20186