Wreckless Driving In VIRGINIA?
Recently, my husband has had some unfortunate, yet still ignorant, luck. He has had a terrible driving record from youth (actually, still only recently 21), just speeding infractions really, as he was an idiot behind the wheel. He does admit this himself, but recently he has grown up, a lot, in order to marry me and ect, he doesn't really do anything stupid behind the wheel anymore! HOWEVER...
On our way home after a crazy week of no time, it was after midnight, from walmart, in gloucester (country-type town), and actually got pulled for 70 in a 45. 25 over, wreckless driving. Remember, it was at night, in the country, w/no cars.
This isn't all...
One week later, we were following behind a car which was doing a considerable lwer speed than the posted limit, used the left turn lane and flew through the red light to avoid smashing him. W/D general.
What will happen to him?
He's going to school full time & NEEDS to drive for his business. Can't afford a lawyer. 2 court dates
Answers:
Actually, it is reckless driving. Wreckless would mean that he didn't break anything. At any rate, English class is closed.
Your husband is best off going to court and pleading innocent to the charges, or plea bargaining them down to driving without a seat belt, or something similar.
The 70 in a 45 mph zone is a felony. They may not bargain that down so easily.
Next, some states permit you to erase some points by attending a safe driver course. I would suggest that he do it.
I'm not sure of Virginia's laws. If it has been less than about 3 years since his prior traffic convictions, he may have enough points against him to lose his license at least temporarily. He may apply for a limited use hardhsip license which lets him go only to work and school.
Above all, your husband needs to grow up with respect to his driving. If he needs to drive for his business, then he should remember this every time he makes an unseemly maneuver. If he hasn't had a decent defensive driving course, now would be a good time.
As far as country road at night, with no other drivers, there are plenty of folks who manage to wrap themselves around poles, get into ditches, tumble the car, or miss a curve without any other cars on the road. The ticket is a low cost consequence compared to the helicopter, fire department, ambulance, hospital, mortuary, and other fees he could incur.
Unless he's in Richmond or Henrico Co., he SOL, as Virginia enacted legislation punishing chronic bad drivers with a "fee" that's quite intrusive, in addition to the "regular fines."
The City of Richmond and Henrico Co. have declared it unconstitutional; Gloucester hasn't done this, so expect some serious money to be coming out your collective pockets. I kid you not. A restricted license or driver's school is real likely, as well.
Unfortunate luck? Nah! He asked for it. Anything over 5 mph the posted limit is asking for trouble. It's hard to imagine that there is a car in this country WITHOUT cruise control. Running a red light? No excuse! You're lucky you weren't T-boned in that intersection.
I'm sorry, but I can't be real sympathetic to his plight, and you should stop making excuses for his reckless driving. It's just a matter of time before you're a widow-or worse, he takes out a family on their way to church or to buy ice-cream. Then you're going to find out just what a pseudo police state can be like.
Sorry, that would be reckless driving in Tennessee as well. In most courts your word against a cops plus a radar transcript, oh, yes, there is a printed record of the radar gun, is worthless. Following too closely in every state as well as running through a traffic signal is unforgivable.
First off, if it was a case of first offense he might get by with it by going to a traffic school in some states but, I don't know any that will let two go by. Virginia has a reputation for being tuff on moving offences. Don't let him go to NC they have the record of having the highest fines in the nation.
He needs to grow up, learn some safe driving and stay alive. Young people take on driving far to carelessly. The number of young people who die in traffic accidents in the U.S. is far too high. Traffic accidents are the highest cause of death in 16-25 year olds in the U.S. That is what this is about. If he had killed someone at that light it would have probably have been prison for him, be thankful.
Take it from someone who had about 4 accidents and 3 tickets by the time he was 25. If it doesn't hurt enough he won't learn a thing. If you are smart you will let him take his punishment.
Gary
Reckless driving; general rule § 46.2-852 is the most common charge for police officers.
Reckless Driving in Virginia is a serious criminal charge. Reckless driving is a Class 1 misdemeanor - in the same classification as a DUI | DWI charge.
As stated clearly in the Code of Virginia, the penalty parameters for reckless driving is up to one year in jail, and/or up to $2,500 in fines. Reckless driving also carries the possibility of a suspension of driving privileges for up to 6 months.
A conviction for reckless driving carries with it six (-6) demerit points as assessed by the DMV in Virginia.
§ 46.2-862. Exceeding speed limit - A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit where the applicable speed limit is thirty miles per hour or less, (ii) at a speed of sixty miles per hour or more where the applicable maximum speed limit is thirty-five miles per hour, (iii) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limits where the applicable maximum speed limit is forty miles per hour or more, or (iv) in excess of eighty miles per hour regardless of the applicable maximum speed limit).
Va.Code Ann. § 46.2-341.20 (2004). The Department of Motor Vehicles will disqualify for the below-listed period of time:
1. A sixty-day disqualification period for any person convicted of two serious traffic violations within three years; or
2. A 120-day disqualification period for any person convicted of three serious traffic violations within three years.
All disqualifications run consecutively, and not concurrently. Va. Code Ann. § 46.2-341.20 (2004).
He NEEDS to have his license revoked, but he'll probably lose it for 6 months maybe more.
You're in denial...he's going to kill someone. It's not if, but when. Get him off the road.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: