Bose Law Firm employs a team approach in every Virginia Reckless Driving case.  Attorneys of the Firm meet in case strategy sessions to review case files and discuss defenses in all upcoming cases.  This team oriented approach helps Bose Law Firm attorneys identify legal, procedural and evidentiary issues which help you to defend your case. 

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Bose Law Firm employs attorneys who are trained police officers.  Police officers are certified in the police academy on all aspects of arrest, criminal procedure, DUI field sobriety testing, and speed assessment procedures. 

An Officer and Attorney

Radar and lidar are pieces of equipment which require careful calibration and care to work properly.  Did the officer who wrote your citation do everything according to the OEM (Original Equipment Manufacturer)?  Did the officer calibrate the equipment properly? Did he document the evidence properly?

Police Officer	Attorney Bose is a Police Officer and Attorney.  As an officer, he is highly trained in all aspects of DUI and criminal evidentiary matters.  Attorney Bose analyzes police procedures in your case from the stop to arrest looking for holes in the government's case.  Attorney Bose is certified by NHTSA to perform field sobriety tests and he is PBT certified.  He has advanced training in DUI arrests, drug interdiction, and interrogation.  Bose is also trained in vehicle speed assessment processes.    Attorney Bose is a human lie detector with advanced law enforcement training in Interrogation.  If the government prosecutor or officer is lying in your case, Attorney Bose has the skills to detect the decepion without using any electronic equipment.  This training in Interview and Interrogation is given to agents of the FBI, DOJ, CIA, and other agencies to select individuals. Query: Did your arresting officer follow all the police procedural rules and standards prior to writing your ticket or arresting you?
Former Virginia Private Investigator	Attorney Bose a former private investigator  licensed in the Commonwealth of Virginia.  He knows how to investigate and analyze cases, evidence, and witnesses.    Query: If you were charged with Reckless Driving following an accident.....Does the witness in your case have court convictions or affiliations which affect his truthfulness?  Are there witnesses with exculpatory evidence in your case?
Former Prosecutor	Bose Law Firm lawyers  include Attorney Dischley - a former prosecutor who has handled felonies and misdemeanors on behalf of the Government.  Query:  How will the prosecutor's polices and state mandates affect your case disposition?  What facts will the Prosecutor emphasize in your reckless driving case?
Science Training and Understanding of Scientific Evidence	Attorney Bose holds a Bachelor of Science degree with college coursework in chemistry, physics, organic chemistry, microbiology, and biotechnology.  This education is the basis of his understanding the Government's Expert Witness - Toxicologist.  Attorney Bose speaks the jargon and understands the principles involved in scientific evidence.  Attorney Bose is certified in the Intoximeter. If there is a trial in one's DUI case and if the science of the blood or breath is attacked by the defense, there is a high probability of the government calling the Breath Section Chief to tender expert testimony.  Knowledge is power - particularly in the sciences.

A conviction for reckless driving carries with it six (-6) demerit points as assessed by the DMV in Virginia.  The courts in northern Virginia do not control the point issue and judges often state this at the beginning of the Court session. 

If you are convicted of reckless driving and you have other convictions on your record including other reckless or speeding charges, you should seek the services of an attorney as there may be administrative action by the DMV upon your conviction.  Also, a person with other traffic offenses and/or a negative point rating of the DMV record are often sentenced more harshly than persons with a positive ratings. 

Judges love to see drivers with a +5 ratings and often give these drivers lower fines upon conviction of the reckless driving charge if the facts are not egregious.  In Fairfax, Alexandria and Arlington, however, Judges usually will not take this action without a motion from either the defendant or defense counsel.

A handful of Judges in northern Virginia will not reduce a reckless driving charge under any circumstance.  In these cases, it is often intelligent to plea bargain with the prosecutor.  Plea bargaining keeps the issue away from the judge and is beneficial because most Judges will not second guess the judgment of the prosecutor and will sign the order as presented. Note that in Fairfax, an unrepresented party will not be able to plea bargain with the prosecutor pursuant to policy.

Indeed, reckless driving is a serious criminal charge, but it is a catch-all offense often over-charged by police officers.  Reckless driving; general rule 46.2-852 is the most common charge for police officers.  The language of the section is so broad that  it can be applied under almost any circumstance.  The other sections of the Code are much more specific. 

In the case of general reckless driving, the government attorney must prove that the driver (1) drove at a speed or in a manner so as to endanger life, limb, or property of another; or (2) that the driver disregarded the consequences of his actions and displayed an indifference to the safety of life, limb, or property.  The action must be intentional on the part of the driver.  Losing control of a vehicle because of an oil slick on the road, for instance, does not meet the level of proof required for this charge. 

What is Virginia reckless driving?

In Virginia, reckless driving is Class One Misdemeanor Criminal Charge, punishable by up to 12 months in jail, up to a $2,500 fine, and a possible loss of your Virginia driving privilege for up to six months.  In addition, you could be arrested and have your car impounded at the discretion of the police officer for committing this offense.  To save time, most officers bind you to show in court through your signature on the "summons."

(1) The most common form of reckless driving is speeding 20+ over the speed limit; 

46.2-862. 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 or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

(2) Driving in a manner generally endangering others;

46.2-852. Reckless driving; general rule - Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
 

(3) Passing a stopped, properly equipped school bus;

46.2-859.  A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in 46.2-1090 and are painted yellow with the words "School Bus" in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in 46.2-1090 is prima facie evidence that the vehicle is a school bus.
 
 

(4) Overtaking/passing an emergency vehicle;

46.2-829.  Upon the approach of any emergency vehicle as defined in 46.2-920 giving audible signal by siren, exhaust whistle, or air horn designed to give automatically intermittent signals, and displaying a flashing, blinking, or alternating emergency light or lights as provided in 46.2-1022 through 1024, the driver of every other vehicle shall, as quickly as traffic and other highway conditions permit, drive to the nearest edge of the roadway, clear of any intersection of highways, and stop and remain there, unless otherwise directed by a law-enforcement officer, until the emergency vehicle has passed. This provision shall not relieve the driver of any such vehicle to which the right-of-way is to be yielded of the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.

Violation of this section shall constitute failure to yield the right-of-way; however, any violation of this section that involves overtaking or passing a moving emergency vehicle giving an audible signal and displaying activated warning lights as provided for in this section shall constitute reckless driving, punishable as provided in 46.2-868.

(5) Racing;

46.2-865.  Racing; penalty - Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver's license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of 46.2-398. 

46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties. 

A. Any person who, while engaging in a race in violation of 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life: 

1. Causes serious bodily injury to another person who is not involved in the violation of 46.2-865 is guilty of a Class 6 felony; or 

2. Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment. 

B. Upon conviction, the court shall suspend the driver's license of such person for a period of not less than one year nor more than three years, and shall order the surrender of the license to be disposed of in accordance with the provisions of 46.2-398. 
 

(6) Improper brakes, or while vehicle not under proper control; 

46.2-853. Driving vehicle which is not under control; faulty brakes - A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

(7) Driving to fast for traffic conditions;

46.2-861. Driving too fast for highway and traffic conditions - A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.
 

(8) Passing a vehicle at a crest or a grade;

46.2-854. Passing on or at the crest of a grade or on a curve - A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.

(9) Overloaded vehicle such as to obstruct/interfere with drivers control;

46.2-855.  Driving with driver's view obstructed or control impaired - A person shall be guilty of reckless driving who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle.

(10) Passing another vehicle at a railroad grade crossing;

46.2-858.  Passing at a railroad grade crossing - A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.

(11) Failing to give proper signal;

46.2-860.  Failing to give proper signals - A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (46.2-848 et seq.) of this chapter.

(12) Failure to yield right-of-way when merging onto highway; 

46.2-863.  Failure to yield right-of-way - A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a "Yield Right-of-Way" sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.

(13) Passing two vehicles abreast;

46.2-856.  Passing two vehicles abreast - A person shall be guilty of reckless driving who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles. 
 

(14) Driving two abreast in a single lane;

46.2-857.  Driving two abreast in a single lane - A person shall be guilty of reckless driving who drives any motor vehicle, including any motorcycle, so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle, including any motorcycle, so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. However, this section shall not apply to any validly authorized parade, motorcade, or motorcycle escort, nor shall it apply to a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped. 
 

(15) Driving over 80 mph.

46.2-862   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 or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

The reckless driving offense can even occur on a parking lot

1. On any driveway or premises of a church, school, recreational facility, or business property open to the public; or
2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
3. On any highway under construction or not yet open to the public

If you have a security clearance, or if you are the process of trying to obtain one, depending on the level of clearance and facts of the case tending to prove lack of good judgment / irresponsibility, a reckless driving conviction can hinder the process.   If you are a police officer or in the process of applying for a position as a police officer / LEO (law enforcement officer), most law enforcement agencies will not consider one for a position as an LEO if one has a conviction for reckless driving. 

If you are in the process of trying to become a United States citizen, it could have a negative impact on that process by elongating the time for the government to conduct your background check.  Since the reckless driving charge is a criminal offense, you must divulge this conviction on the proper forms for immigration purposes - particularly if there was an arrest.

A reckless driving can impact your privilege to drive altogether in Virginia as the Virginia DMV can suspend your Virginia driving privileges because of too many points/tickets.  This is in addition, and independent of, any suspensions ordered by the Judge in court.

So what do you do if you are one of the hundreds of people every year who get charged with reckless driving all over Virginia? 

First, do not plead guilty without the advice of counsel.  Why?  It is possible to have a defense to this charge.  Sometimes you are charged with reckless driving, but the charge may more properly be the lower offense of improper driving - a non-criminal traffic offense.  An improper driving charge carries with it up to a $500 fine, and a negative three-point violation on your Virginia DMV record. 

VIRGINIA RECKLESS DRIVING DEFENSES

A properly prepared attorney can help you prepare for court.  Sometimes there are mitigating issues that may help in getting the charge reduced.  These defenses, and mitigating factors include: 

(1) a clean driving history, 
(2) speedometer calibration issues, 
(3) emergency situation, 
(4) school bus not properly marked/equipped, 
(5) emergency vehicle not properly marked/displaying improper lights, 
(6) wet pavement, 
(7) passing was not at a crest/curve,
(8) you passed a bicycle, motorcade, moped, etc.
(9) physical barrier between you and school bus,
(10) you had permission to race from the landowner, 
(11) an accident doesn't mean you were driving recklessly, 
(12) pacing issues,
(13) radar/lidar calibration issues, 
(14) a "caution" sign is not a speed limitation sign, 
(15) school bus stopped for reason other than loading/unloading, 
(16) highway had multiple passing/driving lanes, 
(17) you didn't know of your vehicle's defects before being charged, etc. 

One or more of these defenses may be applicable to your case.  Different jurisdictions view these defenses, and mitigating factors differently, so make sure you have an attorney who is familiar with your charging court, and with whom you are comfortable. 

MITIGATION:

Things that an attorney may have you do before court would include:

(1)    getting your speedometer calibrated,
(2)    taking a Driver Improvement Course,
(3)    getting character reference letters,
(4)    getting a copy of your driving record

Keep in mind, if you are ever one of those unfortunate persons who find themselves in such a predicament, consult an experienced attorney before you go to court.  It may make all the difference.  

DETERMINING SPEED: radar: noun. (1) acronym for RAdio Detection And Ranging. (2) a remote sensor that emits electromagnetic waves (radio, microwave, or light) in order to measure reflections for detection purposes (presence, location, motion, etc.).

lidar: noun. (1) acronym for LIght Detection And Ranging. (2) a remote sensor that emits electromagnetic waves (infra-red light) in order to measure reflections for detection purposes (presence, location, motion, etc.).

Pacing: The action of measuring your speed by matching it with the cruiser and then looking at the speed currently traveled.  The officer simply moves his car near yours... matches your speed, follows you a bit at the same distance, and then looks at his speedometer.

Vascar: Clock. As in a stopwatch to assess time of travel over a calculated distance.  Vascar or any other form of clocking is just that. Using a stopwatch to measure time. It's the exact opposite of Lidar. With Lidar, you take a known period of time and measure how far the object in question moved. With clocking, you do the opposite, you measure a pre-determined distance, and time how long it takes an object to move that far. If it takes you 1.70 seconds to move 150 feet, then you are moving at 88 feet per second. Convert 88 feet per second to MPH... and you have 60 MPH.

Visual Estimation: No explanation necessary  Least accurate of all methods above.

Sentencing occurs after one is convicted of the charge of reckless driving or if one pleads guilty to the charge without a trial.  Factors judges often take into account during the sentencing phase include the defendant's: 

(1) Other contemporaneous charges with the reckless driving charge,
(2) DMV record and point rating (previous convictions), 
(3) Whether there were any injuries to third parties caused by the reckless driving, 
(4) Defendant's demeanor in Court (whether the defendant is contrite), and
(5) Whether the defendant was belligerent with the police officer at the scene of the stop.

Judges have a great deal of latitude in sentencing an individual for reckless driving; the range of punishment is quite wide.  In the county of Fairfax, if the reckless driving via speed is between 85 and 89 in a 55 mph zone with no other aggressive/reckless factors such as weaving, one has a very high probability of suspension of license and a fine as forms of sentence.  If speeds are in excess of 30 mph above the speed limit, above 90 mph regardless of speed limit, or if there was an accident resulting in injuries to third parties from the reckless driving, there is a high probability of jail time, suspension of license and fine.  For cases involving motorcycles and sports cars exceeding 100 mph, it is imperative to obtain competent counsel for Court.

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In all cases of Virginia reckless driving involving speed as a factor, a key defense issue is how the speed was assessed.  If the speed was assessed by pace, there must be an adequate period of steady pace and a foundation of police training in conducting speed assessment via pace.  If the case is based on radar or laser, there must be calibrations of those devices.

Often, the issue in radar and laser cases will revolve around the calibration certificates.  Key issues include whether the calibration certificates are notarized, whether the calibrations are older than six months, and whether there is any distinction between the date of notarization and date of testing.  In attacking the certificates, one is basically lodging a evidentiary objection to the introduction of the certificates into evidence via lack of authentication of the evidence, lack or reliability of the testing, or breach of Code sections regarding such devices. 

It is important to remember that calibrations are equally important for the defendant charged with a speeding offense.  If one obtains a notarized calibration from an automotive establishment, the Court must take into account this evidence as mandated by Code in both the determination of guilt and in sentencing.  For newer vehicles, conducting a calibration is often not beneficial; however, for older vehicles, calibrations are often worth the effort.  If the reckless driving by speed is 75-79 mph in a 55 mph zone and there is a calibration indicating a faulty speedometer, one may move the Court to amend the charge to defective equipment (non-moving violation) or improper driving (-3 points) instead of reckless driving. 

Police Officers	Attorney Bose is a Police Officer and Attorney.  As an officer, he is highly trained in all aspects of DUI and criminal evidentiary matters.  Attorney Bose analyzes police procedures in your case from the stop to arrest looking for holes in the government's case.  Attorney Bose is certified by NHTSA to perform field sobriety tests and he is PBT certified.  He has advanced training in DUI arrests, drug interdiction, and interrogation.  Bose is also trained in vehicle speed assessment processes.    Attorney Bose is a human lie detector with advanced law enforcement training in Interrogation.  If the government prosecutor or officer is lying in your case, Attorney Bose has the skills to detect the deception without using any electronic equipment.  This training in Interview and Interrogation is given to agents of the FBI, DOJ, CIA, and other agencies to select individuals. Query: Did your officer follow all police directives on the use of speed assessment devices.  Did your officer calibrate the equipment in accordance with the manufacturer's specifications and the police department's Standard Operating Procedure?
Former Virginia Private Investigator	Attorney Bose a former private investigator  licensed in the Commonwealth of Virginia.  He knows how to investigate and analyze cases, evidence, and witnesses.    Query: If you were charged with Reckless Driving following an accident.....Does the witness in your case have court convictions or affiliations which affect his truthfulness?  Are there witnesses with exculpatory evidence in your case?
Former Prosecutors	Bose Law Firm lawyers  include Attorney Dischley - a former prosecutor who has handled felonies and misdemeanors on behalf of the Government.  Query:  How will the prosecutor's polices and state mandates affect your case disposition?  What facts will the Prosecutor emphasize in your reckless driving case?
Science Training and Understanding of Scientific Evidence	Attorney Bose holds a Bachelor of Science degree with college coursework in chemistry, physics, organic chemistry, microbiology, and biotechnology.  This education is the basis of his understanding the Government's Expert Witness - Toxicologist.  Attorney Bose speaks the jargon and understands the principles involved in scientific evidence. Attorney Bose is certified in the Intoximeter. If there is a trial in one's DUI case and if the science of the blood or breath is attacked by the defense, there is a high probability of the government calling the Breath Section Chief to tender expert testimony.  Knowledge is power - particularly in the sciences.

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