Move Over Law in Virginia is Once Again a Reckless Driving Ticket in VA
If you received a ticket in Virginia for failure to move over because a police car was parked on the side of the road and its lights were flashing, then you have just been charged with a class 1 misdemeanor in VA reckless driving violation per the Code of Virginia 46.2-861.1. This is a serious traffic ticket. Do not take it lightly. So first, here is some history. This traffic violation was first codified in the Code of Virginia 46.2-921.1. When it was first written, it was listed as a Class 1 misdemeanor in VA reckless driving conviction. The maximum penalty per the Code of Virginia was 1 year in jail and a $2500 fine. Then the Virginia Code was amended and a first offense was a moving violation that carried 6 points and a $250 fine. A second offense was a Class 1 misdemeanor in VA reckless driving violation.
You may be asking why the history is important. It is important because you need to understand how seriously the Code of Virginia 46.2-861.1 (Class 1 Misdemeanor reckless driving charge) is being prosecuted now in VA. The Virginia legislature repealed 46.2-921.1 and created this new Code Of Virginia 46.2-861.1 and made it a VA class 1 misdemeanor reckless driving conviction again.
So once more, since it is a class 1 misdemeanor in Virginia reckless driving conviction, you face the maximum penalty of 1 year in jail, $2500 fine and 6 points on your driving record per the Code of Virginia.
Who are the individuals who are most affected by this new Code of Virginia 46.2-861.1 reckless driving charge (Class 1 Misdemeanor) law? People who have a security clearance, immigration concerns, pilots, law enforcement officers, etc. are some of the different individuals most at risk.
The Code of Virginia 46.2-861.1 reckless driving (Class 1 Misdemeanor) ticket is no longer a simple moving violation. You really should consider hiring a Virginia reckless driving lawyer. The reality is, almost anyone can be charged with a Code of Virginia 46.2-861.1 reckless driving charge (Class 1 Misdemeanor VA) violation. For a lot of traffic offenses that are class 1 misdemeanors in VA, you have to take an active role in violating the law. For example, to be convicted of most types of Code of Virginia reckless driving offenses, you have to actively violate the law, whether that is through speeding, driving recklessly and endangering life, limb or property, etc. The same applies if you are charged with a DUI or driving on a suspended license or driving without a license in Virginia.
A Code of Virginia 46.2-861.1 reckless driving (Class 1 Misdemeanor VA) traffic ticket on the other hand can simply happen because you didn’t think you had enough time or room to switch over to another lane and move over from where the police officer is parked. The Code Of Virginia 46.2-861.1 reckless driving charge (Class 1 Misdemeanor in VA) does give you the option of slowing down if you cannot move over. The problem with that is now it is your word against that of a police officer. More often than not, in this kind of situation, you will probably have to go to trial to avoid a reckless driving conviction of Virginia Code 46.2-861.1 (Class 1 Misdemeanor). Why? Because in a lot of these cases, the VA prosecutor will not cut you a break and you will be faced with the possibility of being convicted of Code of Virginia 46.2-861.1 reckless driving violation and have a VA class 1 misdemeanor conviction on your record or you have to go to trial and prove you did not do anything wrong.
It is for this reason I strongly urge you to call my office and speak to either myself or one of the other skilled Virginia reckless driving lawyers in my office. A Virginia reckless driving lawyer in my office will discuss your case and talk about your options and how we can try to defend against a reckless driving conviction of Code of Virginia 46.2-861.1 (Class 1 misdemeanor VA Offense).
The reality is that there are options to defend against a Code of Virginia 46.2-861.1 reckless driving (Class 1 Misdemeanor VA) offense and we know that because we have defended clients in the past of the same reckless driving offense when it is was written under Code of Virginia 46.2-921.1.
The following is the Virginia Code 46.2-861.1 in its entirety:
Virginia Code 46.2-861.1 – Drivers to yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways; penalties.
- The driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating blue, red, or amber light or lights as provided in Code of Virginia 46.2-1022, Code of Virginia 46.2-1023, or Code of VA 46.2-1024 or subsection B of Code of VA 46.2-1026 shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. A violation of any provision of this subsection is reckless driving (Class 1 Misdemeanor VA).
- The driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating amber light or lights as provided in subdivision A 1 or 2 of Code of Virginia 46.2-1025 shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. A violation of any provision of this subsection shall be punishable as a traffic infraction.
- If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver’s privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury or death to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver’s privilege to operate a motor vehicle for not more than two years.
- The provisions of this section shall not apply in highway work zones as defined in Code of VA 46.2-878.1.
The following is Code of VA that lays out the penalties for a misdemeanor conviction in VA:
Code of VA 18.2-11. Punishment for conviction of misdemeanor.
The authorized punishments for conviction of a misdemeanor in VA are:
a) For Class 1 misdemeanors in VA, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. Class 1 misdemeanors in VA are the most serious misdemeanors in Virginia. A Class 1 misdemeanor in VA is punishable by up to 12 months in jail, a fine of up to $2,500, or both. If the Code fails to designate a misdemeanor or set forth a particular punishment, then a crime is punishable as a Class 1 misdemeanor in VA. Reckless Driving, and DUI are examples of Class 1 misdemeanors in VA.
(b) For Class 2 misdemeanors in VA, confinement in jail for not more than six months and a fine of not more than $1,000, either or both. Class 2 misdemeanors in VA are punishable by up to six months in jail, a fine of up to $1,000, or both. Driving Without A License is a Class 2 misdemeanor in Virginia.
(c) For Class 3 misdemeanors in VA, a fine of not more than $500.
(d) For Class 4 misdemeanors in VA, a fine of not more than $250.
For a VA misdemeanor offense prohibiting proximity to children as described in subsection A of Code Of VA 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
Our law firm will defend you against any type of class 1 reckless driving charge in VA. We are your Fairfax reckless driving lawyer in Virginia, Hanover reckless driving class 1 misdemeanor lawyer, VA, Henrico reckless driving class 1 misdemeanor lawyer, Virginia, Chesterfield reckless driving class 1 misdemeanor lawyer, VA, Prince William reckless driving class 1 misdemeanor lawyer, Arlington reckless driving lawyer class 1, Alexandria reckless driving lawyer class 1, Richmond 46.2-861.1 Code reckless driving lawyer, Herndon 46.2-861.1 Code reckless lawyer, Vienna 46.2-861.1 Code reckless lawyer, Rappahannock 46.2-861.1 Code reckless lawyer.
The Seriousness of a Misdemeanor Reckless Driving Charge
A misdemeanor reckless driving charge in Virginia should not be underestimated. Whether it is for failing to move over or any other offense falling under this category, the consequences can be severe. With the potential for a Class 1 misdemeanor conviction, individuals may face up to one year in jail, a fine of up to $2,500, and six points on their driving record, as specified by the Code of Virginia. It is essential to comprehend the gravity of the situation and take appropriate action to protect your rights.
Individuals at Risk: Who Should Be Concerned?
Various individuals are particularly vulnerable when it comes to misdemeanor reckless driving charges. Those with security clearances, immigration concerns, pilots, and law enforcement officers, among others, face unique challenges due to the potential impact on their professional standing and personal lives. Considering the potential repercussions, it is crucial for anyone facing such charges to seek immediate legal assistance from a professional Virginia reckless driving lawyer who can provide guidance and create an aggressive defense strategy tailored to their specific circumstances.
Contact us today for experienced legal representation.
Navigating the legal complexities of a Misdemeanor Reckless Driving Virginia requires a skilled attorney’s professional guidance. Unlike other traffic offenses where active violation of the law is typically required, a Code of Virginia 46.2-861.1 reckless driving charge can occur even without direct intent. Defending against such charges demands a thorough understanding of the law, a comprehensive analysis of the case, and the ability to challenge the prosecution’s arguments effectively. By engaging the services of a reputable Virginia reckless driving lawyer at The Law Offices Of SRIS, P.C., individuals can benefit from our knowledge, experience, and strategic approach to achieve the best possible outcome.
If you face a misdemeanor reckless driving charge in Virginia, do not hesitate to contact our firm. Our team of dedicated attorneys is experienced in Misdemeanor Reckless Driving Virginia and will provide you with personalized and professional legal representation. By seeking our professional assistance, you can protect your rights and work towards a favorable resolution in your case.
Misdemeanor Reckless Driving Virginia
If you have been charged with misdemeanor reckless driving in Virginia, you must understand the potential repercussions and how to navigate the judicial system. In Virginia, reckless driving is a serious offense with criminal and administrative sanctions. The Law Offices of SRIS.P.C. are experienced in criminal defense and are here to assist you in understanding your charges and offer you the finest representation available. Please continue reading to learn more about misdemeanor reckless driving in Virginia and how our attorneys can help.
What is misdemeanor reckless driving in Virginia?
In Virginia, reckless driving usually is categorized as a misdemeanor offense. It includes a variety of behaviors, such as exceeding the speed limit by more than 20 miles per hour or driving in a manner that endangers life, limb, or property. Racing, passing a halted school bus, or driving with malfunctioning brakes are all reckless driving. These activities can result in misdemeanor charges, fines, license suspension, and perhaps jail time.
What are the consequences in Virginia for misdemeanor reckless driving?
In Virginia, misdemeanor reckless driving has penalties that vary based on the circumstances of the offense and the court’s discretion.
Penalties may include:
- Fines of up to $2,500.
- Up to 12 months in jail.
- A six-month suspension of one’s driver’s license.
A reckless driving conviction may also result in penalty points on your driving record, higher insurance costs, and a bad influence on your driving record, hampering future employment or educational chances.
Will I have a criminal record if convicted of misdemeanor reckless driving in Virginia?
A misdemeanor reckless driving conviction in Virginia will result in a criminal record. Reckless driving is a criminal offense; a sentence will appear on your record. This can have long-term effects, hurting your work chances, professional licenses, and other elements of your life. It is critical to get legal counsel to investigate defense tactics that may help lessen or prevent the negative consequences of a conviction.
In Virginia, may I represent myself in a misdemeanor reckless driving case?
While you have the right to represent yourself in a misdemeanor reckless driving prosecution in Virginia, you are strongly advised to get legal assistance. The legal procedure can be complicated, and an experienced attorney can give you the knowledge, legal knowledge, and defense techniques you need to safeguard your rights. They can navigate judicial proceedings, analyze evidence, contest the prosecution’s case, and advocate for the most decisive possible outcome.
How can a Virginia misdemeanor reckless driving attorney help me?
A Virginia misdemeanor reckless driving attorney can be of essential aid by:
- They will examine the evidence, police records, and any relevant witnesses to uncover potential defenses or gaps in the prosecution’s case.
- Creating a defense strategy: They will create a defense strategy customized to the circumstances of your case to challenge the evidence, question the legitimacy of the traffic stop, or negotiate for reduced charges.
- Negotiating with prosecutors: They will deal with the prosecution to obtain favorable outcomes such as reduced charges, alternative sentencing choices, or diversion programs.
- If your matter goes to trial, they will provide professional courtroom counsel, presenting your defense, cross-examining witnesses, and so on.