Reckless Driving In Virginia Courts When In The Military

Reckless Driving In Virginia

In Virginia, except for a few situations, reckless driving is  generally a Class 1 Misdemeanor. For a misdemeanor reckless driving charge in Virginia, one generally faces the following:

• up to 12 months in jail

• up to a $2,500 fine

• loss of your privilege to drive in Virginia or suspension of one’s Virginia operator’s license for up to 6 months

• 6 Virginia DMV points

What You Should Do If In The Military and charged with Reckless Driving in Virginia:

1. Don’t Go It Alone – Hire a Traffic Defense Expert, who has experience and a track record of results, like Anthony Montagna, III

• Attorneys can often get the charge reduced to improper driving—a non‑criminal traffic violation—saving you from a Class 1 misdemeanor and potentially avoiding jail, huge fines, or loss of driving privileges.

• Expert reckless driving lawyers can help you develop a strategy to obtain the best results in Court.

2. Inform Your Chain of Command ASAP

• You are generally required to immediately report the incident to your command, especially if you hold a security clearance. You should contact a local Judge Advocate General for advice as what you must do and as to how your military position could be affected if convicted or if you fail to advise your command of the reckless driving charge.

• Being upfront reflects integrity—it’s a positive in both civilian and military eyes

3. Use Defense Tactics: Sworn Speedometer Calibration Report or Driver Safety Course

• Anthony Montagna, III, an expert Norfolk, VA reckless driving defense lawyer frequently suggests obtaining a sworn speedometer calibration report. § 46.2-942 of the Code of Virginia states, “ In the trial of any person charged with exceeding any maximum speed limit in the Commonwealth, the court shall receive as evidence a sworn report of the results of a calibration test of the accuracy of the speedometer in the motor vehicle operated by the defendant or the arresting officer at the time of the alleged offense. The report shall be considered by the court or jury in both determining guilt or innocence and in fixing punishment.”

• Anthony Montagna, III also strongly suggests preemptively taking  an eight (8) hour VA DMV-approved driver improvement class  or the twelve 12 hour Reckless Aggressive Driver Education Program (RADEP)to show the Court that you understand the gravity of the charge of reckless driving.

• Complete community service at a Non Profit Agency

• Review and/or challenge the officer or trooper’s calibration paperwork for the speed determining device.  Generally, if you are challenging the speed reported by the officer or trooper, the officer or trooper must have a calibration of the speed-determining device within 6 months of the charge date.

4. Have A Command Representative With You In Court If You Are Enlisted Or Letter From The Command If An Officer