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Frequently Asked Questions By Virginia Drivers Facing DUI or Reckless Driving Speeding Charges

Below are some initial questions many clients have when they first contact Bob Battle Law. The questions below may address many initial concerns you may have. If you don’t find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

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  • What penalties are associated with a reckless driving while speeding conviction in Virginia?

    In many states, a reckless driving conviction is not much worse than a big speeding ticket. In Virginia, however, driving laws are some of the strictest in the country, and the penalties follow suit.

    Virginia’s reckless driving while speeding violations are shockingly mild for the punishment associated. In order to be cited for reckless driving involving speed, a driver must be:

    • Driving faster than 80 mph,
    • Driving more than 20 mph over the posted speed limit, or
    • Driving too fast for current conditions.

    While none of these offenses seem terribly offensive, Virginia sees them as a crime—a Class 1 misdemeanor, to be exact. Class 1 misdemeanors are entered in your permanent criminal record, and can negatively impact your career or other security-sensitive endeavors for the rest of your life.

    In addition to now having a criminal record, a Virginia reckless driving while speeding conviction carries with it other severe punishments, including direct and indirect financial consequences. You will receive six points on your license, as well as a license suspension for up to six months. If you were cited as driving over 90 mph, your odds of receiving jail time are solid.

    Not only will you face significant fines following a conviction, but your insurance rates will skyrocket—even higher than if you had received a DUI conviction. This can follow you for years, and the costs can snowball over time.

    If you have received a citation for reckless driving while speeding in Virginia, it is important to realize that this is not an ordinary traffic ticket. That citation has the potential to follow you for the rest of your life, so it is important that you find a tough, experienced attorney to defend your case.

    To learn more about the charges against you, download our FREE book, The Shocking Truth About Reckless Driving/Speeding in Virginia by filling out the brief form on this page. You can also connect with our firm by clicking on the live chat feature, or by calling us at 804.673.5600 today.
     

  • What does your firm charge for a Reckless Driving Speeding charge?

    If you were a law firm and you were advertising to try to get people to hire your firm for a Reckless Driving Speeding charge in Virginia and you couldn't say that

    • you have been practicing for 27 years,
    • you're a former prosecutor,
    •  CBS-6 News in Richmond said that you “wrote the book on reckless driving speeding in Virginia,”
    •  the Baltimore Sun said that you “specialize in getting people off the hook for reckless driving speeding” in Virginia,
    •  you have not only the highest but perfect ratings on the two national lawyer rating services,

     then what would you say? 

    You'd probably say we're the cheapest law firm. 

    I'm Virginia Reckless Driving Speeding Lawyer Bob Battle and I'm telling you all those credentials above apply to me and I am not the cheapest law firm.  If you can't consider the other factors that I've listed above, please save your own time and my time and don't bother to call me, but if these factors are important and you realize that Reckless Driving Speeding in Virginia can leave you with a permanent criminal record, that I've talked to people who have been kicked out of medical school, that people have lost jobs because they didn't realize how serious it is. 

    So, if your only question is what do you charge, then don't call me.  If you can consider these other things like training, expertise and results, feel free to call me and I'd love to help you with your Reckless Driving Speeding case. 

     

  • What are some of the technical defenses to a Virginia Reckless Driving Speeding charge?

    Henrico Virginia Reckless Driving Speeding lawyer Bob Battle explains in the video above some of the potential technical defenses to Virginia Reckless Driving Speeding charges.

  • What are the penalties for a third DUI offense in Virginia?

    Jail time for DUI in Richmond VAIf you have been charged with your third Virginia DUI, then you may face serious penalties including fines, driver's license revocation and jail time. To know whether you may be able to fight your Virginia DUI charge, you can consult an experienced Virginia DUI defense attorney.

    Talk with your Virginia DUI defense attorney about the time frames in which your Virginia DUI offenses were committed. As you'll note below, jail sentences may increase in severity depending on the time frame of your Virginia DUI offenses.

    If all 3 of your Virginia DUI offenses were committed within 5 years, then your penalties will include: 

    • a class 6 Felony, which carries a punishment of imprisonment for 1 to 5 years;
    • a mandatory minimum 6 month jail sentence;
    • a mandatory minimum fine of $1,000; and
    • an indefinite revocation of your driver's license. 


    If all 3 of your Virginia DUIs were committed between a 5 and 10 year period, then your penalties will include: 

    • a class 6 Felony, which carries a punishment of imprisonment for 1 to 5 years;
    • a mandatory minimum 90 day jail sentence;
    • a mandatory minimum fine of $1000; and
    • an indefinite revocation of your driver's license. 


    A class 6 felony will leave you with a permanent criminal record. This can seriously hinder any future job opportunities. Your record may also prevent you from buying a home or renting an apartment.

    These penalties may be avoided if you choose to fight your Virginia DUI charges in court. Speaking to an experienced Virginia DUI defense attorney can help you learn more about what possible DUI defenses could work for your particular case.

    How can a Virginia DUI defense attorney help me?

    No state is faster at moving cases through the system than Virginia. In the face of a defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a complimentary copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.   

    Virginia DUI defense attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

  • What are the penalties for a second Virginia DUI offense?

    Burning cashIf you have been charged with a second Virginia DUI, then you may face increased penalties including fines, a driver's license suspension and some serious jail time. To know whether you may be able to fight your second Virginia DUI charge, you can consult an experienced Virginia DUI defense attorney.

    If your second Virginia DUI was committed within 5 years of a prior offense, then your penalties will include: 

    • a minimum $500 fine;
    • confinement in jail for 20 days to 1 year;
    • additional mandatory 10 day jail sentence (if your blood alcohol content [BAC] was between .15 and .20);
    • additional mandatory 20 day jail sentence (if your BAC level was greater than .20); and
    • 3 year driver's license revocation. 


    If your second Virginia DUI was committed within 5 to 10 years from a prior offense, then your penalties are slightly different. There may be more leniencies for initial jail time. A Virginia DUI defense attorney may be able to help lessen the severity of some of the penalties in this case.

    The penalties for a second Virginia DUI within 5 to 10 years include: 

    • minimum $500 fine;
    • confinement in jail for 10 days to 1 year;
    • additional mandatory 10 day jail sentence  (if your BAC was between .15 and .20);
    • mandatory 20 day jail sentence (if your BAC was greater than .20); and
    • 3 year driver's license revocation. 


    There may also be additional fines and penalties for court costs. You'll also have to pay for a required alcohol safety program and an ignition interlock for your vehicle(s) if mandated by the court.

    You may be able to avoid these penalties entirely by fighting your second Virginia DUI charges. To learn what DUI defenses may apply to your case, contact an experienced Virginia DUI defense attorney.

    How can a Virginia DUI defense attorney help me?

    No state is faster at moving cases through the system than Virginia. In the face of a defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a complimentary copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.   

    Virginia DUI defense attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

  • What are the penalties for a first DUI offense in VA?

    If you have been charged with your first offense of Virginia DUI, you may face penalties including fines, a driver's license suspension, and time spent in jail. To avoid these penalties, you may be able to fight your Virginia DUI charge. You can learn more about creating a DUI defense against your Virginia DUI charge by consulting with an experienced Virginia DUI defense attorney.

    If you are convicted of a first Virginia DUI offense, your penalties will depend on your blood alcohol content (BAC) level. In addition to what is listed below, there may be other penalties depending on if there was an accident that caused property damage or personal injury, if you were younger than 21 years old at the time of your DUI arrest, or if there were minor children in the car with you at the time of your Virginia DUI arrest.

    If for your first offense your BAC was less than .15, you will face a class 1 misdemeanor with penalties of: 

    • Up to a $2,500 fine;
    • Up to 12 months in jail; and
    • 1 year revocation of your administrative driver's license. 


    If for your first Virginia DUI offense your BAC was between .15 and .20, you will face the same penalties with an additional mandatory 5 day jail sentence.

    If for your first Virginia DUI offense your BAC was greater than .20, you will face the same penalties with an additional mandatory 10 day jail sentence.

    If you are convicted of a first offense for Virginia DUI, and your driver's license is revoked, you may be eligible for a Restricted Operator's License. However, if you do receive a Restricted Operator's License, and your BAC was measured at .15 or above, you will be required to install an ignition interlock system in your car.

    To know more about the penalties for a first Virginia DUI, you can get the advice of a Virginia DUI defense attorney.

    How can a Virginia DUI defense attorney help me?

    No state is faster at moving cases through the system than Virginia. In the face of a defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia or contact Bob Battle to schedule your legal consultation today at 804-673-5600.

  • What is Considered Reckless Driving Speeding in Virginia?

    If you exceed a speed of 80 mph in Virginia, you can be charged with reckless driving. Is it also considered reckless driving to exceed the speed limit by 20 mph or more. Therefore, if you are driving 75 mph in a 55 mph speed zone, then you may be charged with reckless driving.

    Virginia's Reckless Driving Speeding law is found at Virginia Code § 46.2-862. It states:

    § 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 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 80 miles per hour regardless of the applicable maximum speed limit.

    If you are charged with reckless driving in Virginia, you may want to get the professional help of a reckless driving attorney. An experienced attorney may be able to beat your reckless driving charges.

    Now that the speed limit has changed to 70 mph on many Virginia state highways, it is much more likely for someone to be charged with reckless driving as the 80 mph cut off is still in place. This means that if you are driving in a 70 mph zone, and you exceed the speed limit by just 10 mph, then you may be charged with reckless driving.

    In Virginia, reckless driving is considered a serious criminal offense. As a class 1 misdemeanor, a conviction of this will leave you with a permanent criminal record. The penalties for reckless driving speeding in Virginia include: 

    • Court costs and fines;
    • Time in jail;
    • A suspension of your driver's license; and
    • A significant increase in your insurance rates. 

    If you are charged with driving at a speed of 90 mph or above, you may receive 2 days in jail for every mph over 90 that you were driving. If you exceed a speed of 100 mph, then you may get as much as 30 days in jail added to the previous total.

    How Can a Virginia Reckless Driving Attorney Help Me?

    Reckless Driving is not merely a traffic infraction. It is a criminal offense, a class 1 misdemeanor, the most serious class of misdemeanor in Virginia with maximum penalties of 1 year in jail, $2,500 fine, and a 6-month suspension of your driver's license.

    If you have been ticketed for Reckless Driving Speeding in Virginia, there is no time to waste! Get a free copy of Bob Battle's consumer guide, The Shocking Truth About Reckless Driving/Speeding in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

  • What are the penalties for a fourth DUI offense in Virginia?

    If you have been charged with your fourth Virginia DUI offense, you may face penalties including fines, a driver's license revocation, and some serious time in jail. To learn more about how to fight your particular Virginia DUI charge, you can consult an experienced Virginia DUI defense attorney.

    If you are convicted of your fourth Virginia DUI in a 10 year period, this will result in a class 6 felony, which carries a mandatory minimum 1 year prison term, and a minimum $1,000 fine. In this case, your administrative driver's license will be revoked indefinitely.

    Furthermore, a class 6 felony will leave you with a permanent criminal record. This can seriously hinder any job opportunities that you may have in the future. Your criminal record may also prevent you from buying a home, or renting an apartment. To beat your fourth Virginia DUI charge, you will need to build a winning Virginia DUI defense.

    To build a winning Virginia DUI defense, your Virginia DUI attorney may: 

    • Challenge the results of a blood alcohol content (BAC) test;
    • Question the police procedures before, during, and after your arrest;
    • Challenge the validity of roadside tests that you may have been subjected to; and
    • Other specific considerations related to your case. 


    What is important to remember is that you have the right to fight your Virginia DUI charges, and a Virginia DUI defense attorney may be able to help. Working with an experienced Virginia DUI defense attorney can help you understand the strengths and challenges in your case as well as how to fight your charges in court.

    How can a Virginia DUI defense attorney help me?

    No state is faster at moving cases through the system than Virginia. In the face of a defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.   

    Virginia DUI defense attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

  • Are sobriety checkpoints legal in Virginia?

    Sobriety checkpoints are legal in Virginia, however, there are certain rules that police officers must follow when conducting sobriety checkpoints. According to these rules, before a Virginia sobriety checkpoint can be established, the location of the checkpoint must be announced to the general public. If you have questions regarding a Virginia DUI charge that you received at a sobriety checkpoint, you can get the advice of Virginia DUI defense attorney.

    Another important fact about sobriety checkpoints is that not all cars are allowed to be stopped. Instead, vehicles must be stopped according to a mathematical formula. Therefore, vehicles are not stopped according to how the motorist appears, nor according to how they drive.

    Furthermore, there are rules about how long each motorist may be detained at a Virginia sobriety checkpoint. Because of this, an officer cannot ask you to step out of the car unless they suspect impairment.

    However, if you do show signs of impairment at a Virginia sobriety checkpoint, such as glassy eyes, slurred speech, or the smell of alcohol on your breath, a police officer may detain you and administer a roadside sobriety test. In this case, the officer can proceed as though you were pulled over under the suspicion of a Virginia DUI.

    If you have been stopped at a sobriety checkpoint and charged with a Virginia DUI, you should consult with an experienced Virginia DUI defense attorney who can go over the specifics of your case and explain your legal options for fighting the charges against you.

    How can a Virginia DUI defense attorney help me?

    Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation. Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE!

    To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

  • How do I get a restricted license after a Virginia DUI?

    To get a restricted license after a Virginia DUI, you must petition the court at the time of your plea or conviction, or within a short time thereafter. To file this petition, you can get the help of a Virginia DUI defense attorney.

    To receive your restricted driver's license, your Virginia DUI defense attorney can draft a motion and present it to a judge. However, you should be aware that you are never guaranteed a restricted driver's license. Sometimes a judge won't permit you to drive, even if you have met the terms of your conviction. One of these terms will be to successfully complete an Alcohol Safety Action program.

    If you have been convicted of your second Virginia DUI within 10 years, you will not be eligible to receive a restricted driver's license for 4 months. If you have been convicted of your second Virginia DUI within 5 years, you will not be eligible for 1 year. If you have been convicted of a third Virginia DUI, you will not be eligible whatsoever.

    What will my restricted driver's license allow?

    A restricted driver's license will only allow you to drive under certain circumstances, such as:

    • To and from work;
    • To and from school;
    • To and from necessary medical treatment;
    • To and from day care, or authorized medical care for a child; and
    • To and from visitation with a child. 

    If your license has been suspended as the result of a Virginia DUI, and you would like to learn about the possibility of receiving a restricted driver's license, you can get the help of a Virginia DUI defense attorney.

    How can a Virginia DUI defense attorney help me?

    No state is faster at moving cases through the system than Virginia. In the face of defending against Virginia DUI charges, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.  Or contact Bob Battle to schedule your legal consultation today - 804-673-5600.