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Speeding and Reckless Driving

• Drivers Face Increased Fines for Speeding
• Virginia State Police Issue 7,000 Tickets Over Weekend

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Speeding and Reckless Driving

Across the state, Virginia is cracking down on speeders.  Roanoke is no exception.  All along I-81, squad cars can be seen just waiting for you to zip by.  Most of the time, however, we only see them when it’s too late and they’ve already caught us speeding.

Getting caught speeding not only costs you the face value of the ticket, but can increase your insurance premiums and even cause you to lose your license if you have accumulated too many points.  But there are many ways to avoid these negative consequences.  The skilled attorneys at Davis, Davis, Davis & Davis, PC, can help you minimize the costs of a speeding ticket or reckless driving violation.

Reckless Driving Charges

One definition of reckless driving is traveling at 20 m.p.h. over the speed limit or driving in excess of 80 m.p.h.  This is a very serious charge, which gives the judge the option of fining you up to $2,500 and sentencing you to twelve (12) months in jail. Most people do not realize that reckless driving is a criminal offense. 

As your speed increases, so does the jail time.  In most cases, where the driver is traveling at a speed of 90 m.p.h. or greater, the trial judge will sentence them to at least one day in jail.  This is greater than the mandatory penalty for a first time DUI/DWI offender!

The Speedometer Defense

Virginia is one of very few states that allow you to defend a ticket by showing that your speedometer is defective.  If you discover that your speedometer is not working correctly and have it repaired by a certified mechanic, the court may dismiss the charge against you or reduce the charge to having defective equipment (which is a non-moving violation that carries no points on your record). (Wants a list here where people can get calibrations, he will provide)

Virginia’s Point System

Another reason to contest speeding and traffic tickets is the point system.  Each moving violation in Virginia will add 3, 4, or 6 points to your total.  For example, speeding in excess of 80 m.p.h. or passing a stopped school bus will add 6 demerit points.  Speeding between 10-14 m.p.h. over the limit will add 4 demerit points to your license.

This is a very complex system and certain offenses “stick” with your license longer than others do.  For commercial drivers, some offenses, like failure to stop at a railroad crossing, will never be removed..  For this reason alone, it is important to consult an attorney to determine whether it is worthwhile for you to contest a traffic ticket.

Drivers who accumulate 8 points in 12 months (or 12 points in 24 months) will receive a notice from the Department of Motor Vehicles warning them that they are close to being over the limit.  Drivers who accumulate 12 points in 12 months (or 18 points in 24 months) will be required to complete a driver improvement course within 90 days.  Those drivers who accumulate 18 points in 12 months (or 24 points in 24 months) will have their driving privileges suspended for 90 days and will have to complete a driver improvement course before having those privileges restored.

So, you can see that as few as four major tickets in two years can cost you your driving privileges.

Our firm defends clients in Roanoke, Rocky Mount, Boones Mill County, Franklin County, Bedford County, Martinsville and Henry County, VA.

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Blog for Speeding and Reckless Driving

• Drivers Face Increased Fines for Speeding
• Virginia State Police Issue 7,000 Tickets Over Weekend

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Library for Speeding and Reckless Driving:

• Are Higher Speed Limits More Dangerous?   
  Description: With speed limits set to increase on some of Virginia's main roadways, such as I-81, it's important to take a look at whether or not the higher speeds will lead to more crashes, injuries and deaths.
• Virginia Traffic Crash Facts   
  Description: Traffic crashes continue to take a terrible toll on Virginia residents each year. In 2008, the most recent year for complete statistics, there were 821 people killed, nearly 70,000 people injured and over 135,000 traffic crashes reported.
• Speeding and Reckless Driving in Virginia -- The Virginia Department of Motor Vehicles Points System for Traffic Convictions   
  Description: In Virginia, if you are convicted of a traffic violation, the court will notify the Virginia Department of Motor Vehicles (DMV), which then assigns demerit points to you based on the particular violation. The DMV can issue an order of suspension, if applicable, and also require you to successfully complete a driver improvement clinic. The DMV will also notify your insurance company upon request.

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Frequent Questions for Speeding and Reckless Driving:

• I've been accused of reckless driving in Virginia - should I hire a lawyer?
  
• What speed is considered reckless driving in Virginia?
• If I am convicted of a Virginia reckless driving charge, what kind of punishment will I face?
  
• If my license is suspended in Virginia, can I drive in other states?
• Does the Virginia Department of Motor Vehicles (DMV) assess demerit points for accidents?

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Web Resources for Speeding and Reckless Driving:

• Virginia Department of Motor Vehicles

  Description: The Virginia Department of Motor Vehicles website has information about driver licenses, vehicle registration, driver safety and tips, highway safety, license plate purchase, traffic crash data, demerit points, and events and programs.

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