WHAT CAN HAPPEN IF YOU ARE TICKETED FOR DRIVING 100 MPH OR OVER?
If you receive a ticket for Reckless Driving, and you were accused of traveling 29 miles per hour or more over the limit , then you need to speak with an attorney.
If you are driving through Virginia, you can be convicted of Reckless Driving by Speed two ways: (1) by driving 20 or more miles per hour over the speed limit or (2) by traveling over 85 miles per hour. But what happens when you reach or exceed 29 miles per hour over the limit? For example, what if you were traveling 101/70 MPH Zone or 91/60 MPH Zone or 89/55 MPH Zone? Surprisingly, for many people, tickets at these speeds usually results in more serious consequences than just a fine and points on your driving record.
What are the Consequences of Convictions for Reckless Driving 100 MPH or Over
In Virginia, any Reckless Driving conviction is a Class 1 misdemeanor which can carry its own collateral consequences, such as impacts on your criminal and driving record, insurance, and (sometimes) employment. According to the statute, the maximum penalty for Reckless Driving is a $2,500 fine and/or up to 12 months in jail. While many people convicted of Reckless Driving can avoid jail time and end up with a fine of a few hundred dollars, those who are charged with driving 29 MPH or more over the limit (usually over 100 MPH in a 70 MPH Zone) in Dinwiddie County are REQUIRED to come to court and are LIKELY to receive at least some jail time unless they take steps ahead of the court date to mitigate their case.
Am I Required to Appear in Court for a Reckless Driving Ticket?
If you receive a Reckless Driving ticket at these high speeds, you MUST appear in court. If you are not present in court on time, you may face additional criminal charges, such as Failure to Appear. Most traffic offenses in Dinwiddie County are scheduled for hearings on Thursdays during the traffic docket. If your case is scheduled on the Thursday docket, it is likely your case will be finalized during that one court hearing.
However, many times, cases at these speeds will be placed on the Monday docket, which is the criminal docket. If your case is on the criminal docket, you may be required to appear at least twice in court. The first court appearance is an arraignment, which is a hearing where the Judge will read the charges, advise you of your right to an attorney, and schedule the trial. The second appearance is usually the trial date during which you will enter a plea, both sides will present their evidence, and the Judge will decide first on the issue of guilt (the verdict), and then, if applicable, he will impose the sentence. The sentence for a conviction on a Reckless Driving by Speed charge for traveling 29 MPH or more over the limit can include a fine, jail sentence, and/or suspension of driving privileges.
Also, when the matter is on the criminal docket, the Commonwealth’s Attorney is usually involved in prosecuting the case. What does that mean for you? Well, in ordinary traffic cases, the officer presents testimony about the time of the offense and what he witnessed, but he usually does not give recommendations on punishment. When the Commonwealth’s Attorney prosecutes the case, they can present arguments on both the matter of whether you are guilty and on the sentence. Often, in these cases, the Commonwealth’s Attorney will argue that the defendant should receive jail time.
Contact Our Office for a Consultation
If you receive a summons for Reckless Driving and the speed is near or above 100 miles per hour or at any other speed that is 29 MPH or more over the limit, contact our office to discuss strategies for your case. Our team has been handling Reckless Driving cases at this speed in Dinwiddie County for years, and we appear in Dinwiddie General District Court for either the criminal or traffic docket nearly every week.