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Frequently Asked Questions

Below are some initial questions many clients have when they first contact Robert E. Battle, P.C.. 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 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.

  • Since we are in an economic recession, a cop will probably let me off for speeding in Virginia, right?

    The fact that we are in a recession DOES NOT mean that a cop will let you off for speeding in Virginia. In fact, police are more likely to give you a speeding ticket during a recession. This is because municipalities are currently facing tremendous gaps in their budgets, and one way they try to fill these gaps is by issuing more speeding tickets.

    This also means that you can expect fewer leniencies regarding the 10 mph speeding cushion that police routinely give. Nowadays, if your speed is gauged at just 5 mph over the legal speed limit, an officer may jump at the chance to issue you a ticket. If you have been issued a ticket for speeding in Virginia, you may want to get the professional help of a Virginia speeding/reckless driving attorney.

    There is even research which shows that police give more tickets during a recession. According to researchers from the Federal Reserve Bank of St. Louis and the University of Arkansas-Little Rock, when municipalities see a 10% decrease in annual revenue growth, they see a 6.4% rise in traffic tickets the very next year.

    However, many attorneys feel that it isn't fair to place the budget burden on average citizens. This is especially true in times of recession, when citizens have to be much more careful with their money. If you feel you received a ticket that you didn't deserve, you may be able to fight it with the help of a Virginia speeding/reckless driving attorney.

    How Can a Virginia Speeding/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 or 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.

  • How should I choose a Virginia reckless driving/speeding defense attorney?

    When choosing a Virginia reckless driving attorney, you should ask as many questions as you can of think of relating to your case and their experience. The more questions you ask, the better you will get to know the person that may represent you.

    Below is a list of 5 most important questions to ask your potential Virginia reckless driving attorney

    1. How many years have you been in practice? The answer to this question will give you some idea of an attorney's experience. A lawyer who has not been in practice long may not be your best option.
    2. How much experience do you have with reckless driving speeding cases? Obviously, you want to hire an attorney who has experience with your type of case. Better yet, you want to hire an experienced Virginia reckless driving attorney who understands Virginia's traffic laws and knows how to defend against your specific charges.
    3. Who from your firm will handle my case? This is important, because the attorney who you interview may not be the one who handles your case. Oftentimes, lawyers will claim to use a "team approach", which basically means that a younger, less experienced attorney may be assigned to handle your case.    
    4. How many cases have you taken to trial? The more reckless driving cases that an attorney has taken to trial, the more experienced they will be. When you ask this question, also ask them what percentage of cases they have won.
    5. What are the potential costs for your representation? Before you agree to have anyone represent you, always ask them how much their services will cost, including the costs of experts and investigators. 


    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.

  • I have a lousy record so I need to avoid a conviction. What can you do to help?

    As a former prosecutor and law clerk for a federal judge, let me tell you that  the  worst possible argument that someone can give to a judge or prosecutor for giving them a break is that they have a lousy record! The fact that you have retained a lawyer is not going to sway the judge or prosecutor one bit in this situation. The people with the good records get the breaks, not the people with the bad records.

  • I don't mind a traffic conviction that much, I just want to avoid the demerit points.

    The traffic court judge has nothing to do with the assessment of points and cannot order that the Virginia Department of Motor Vehicles (or the equivalent agency for out of state motorists) refrain from giving you points if you are convicted.

    For a detailed explanation of Virginia's DMV points system, click here.

    For a detailed explanation of how the Virginia DMV determines when to place you on Probation or Suspend your License for Excessive Demerit Points, click here.