Picture driving home from work in Norfolk when you saw the flashing lights in your rearview mirror. It’s not just a simple speeding ticket. The police officer clocked you at 78 mph in a 55 mph zone, and now you're facing a reckless driving charge in Virginia. The potential criminal conviction has you worried about your job, your insurance rates, and your clean record.
Chesapeake reckless driving defense lawyer James E. Short recognizes that good people sometimes make poor decisions on the road. A single moment of inattention or urgency shouldn't define your future. Virginia law provides an alternative called "improper driving" that may offer relief from the harsh consequences of a reckless driving conviction.
Understanding Virginia's Improper Driving Option
Virginia Code § 46.2-869 creates a unique legal pathway that many other states don't offer. This statute allows judges to reduce certain reckless driving charges to improper driving, which is a traffic infraction rather than a criminal offense.
The law states explicitly that if the court finds the defendant guilty of reckless driving but determines the offense was not willful or wanton, it may find the defendant guilty of improper driving instead. This distinction matters because improper driving in Virginia carries significantly lighter penalties and doesn't create a criminal record.
Factors That Influence Reckless Driving Reduction Decisions
Judges consider several elements when deciding whether to grant an improper driving reduction. Your approach to these factors can make the difference between a criminal conviction and a traffic citation.
Your Driving History and Character
A clean driving record serves as your strongest advocate in court. Judges view first-time offenders more favorably than repeat violators. If you haven't had a ticket in years, this demonstrates that your reckless driving charge represents an aberration rather than a pattern of dangerous behavior.
Employment history, community involvement, and personal circumstances all factor into the judge's decision, too. Imagine a volunteer firefighter from Portsmouth who was charged with reckless driving while responding to help with a medical emergency. His years of community service and spotless record would weigh heavily in favor of reduction.
Speed and Circumstances of the Offense
The severity of your alleged reckless driving directly impacts the possibility of a reduction. Virginia Code § 46.2-862 defines reckless driving as driving 20 mph over the speed limit or exceeding 85 mph, regardless of the posted limit. The closer you are to these thresholds, the better your chances for reduction.
Weather conditions, road conditions, and traffic patterns also matter. Driving 88 mph on a clear, straight stretch of I-464 with light traffic presents differently than the same speed while passing a school bus during rush hour. The first scenario might qualify for reduction, while the second likely wouldn't.
Presence of Aggravating Factors
Certain circumstances make improper driving reductions unlikely or impossible. Drag racing, aggressive driving behaviors, or incidents involving alcohol eliminate most chances of leniency. Property damage, injuries, or endangering pedestrians also weigh heavily against the reduction of criminal charges.
The presence of additional charges compounds the problem. If your reckless driving charge accompanies a DUI, hit-and-run, or other serious offenses, judges rarely show mercy. These combinations suggest a pattern of dangerous decision-making that goes beyond simple poor judgment.
Benefits of Securing an Improper Driving Reduction
The practical advantages of improper driving versus reckless driving convictions create lasting impacts on your life and livelihood.
Fines and Jail Time
Improper driving carries a maximum fine of $500 under Virginia Code § 46.2-869, compared to the $2,500 potential fine for reckless driving. You won't face jail time, license suspension, or the lengthy probation periods sometimes imposed with criminal convictions.
DMV Points and Insurance Premiums
The DMV assigns only three points for improper driving compared to six points for reckless driving. These driving demerit points affect your insurance rates and driving privileges. Accumulating too many points can lead to license suspension, creating additional hardships for work and family obligations.
Impact on Employment Opportunities
Many employers conduct background checks, and criminal convictions can eliminate job opportunities or affect current employment. Professional licenses in healthcare, education, and finance often require disclosure of criminal convictions. Improper driving doesn't trigger these reporting requirements.
Strategies for Securing a Reckless Driving Reduction
Success in obtaining an improper driving reduction requires careful preparation and strategic presentation of your case.
Supporting Documents and Other Evidence
Documentation strengthens your position significantly. Speedometer calibration records can show instrument error that might explain excessive speed readings. Employment records demonstrating work emergencies or family situations can provide context for your driving behavior.
Supplying Character References
Character references from employers, community leaders, or long-time friends help establish your reputation as a law-abiding citizen. These letters should be specific about your character and emphasize that the charged behavior doesn't reflect your normal conduct.
Proactive Enrollment in Driver Improvement Courses
Completion of voluntary driver improvement courses before your court date demonstrates proactive responsibility. Virginia DMV offers defensive driving courses that show your commitment to safer driving practices. This voluntary action often impresses judges and increases the likelihood of a reckless driving reduction.
Hiring an Experienced Criminal Defense Lawyer
Having legal representation in your corner significantly improves your chances of success. An experienced attorney understands local court procedures, knows the prosecutors and judges, and can present your case most effectively. They can also negotiate with prosecutors before trial to increase the possibility of a reduction.