Can a Reckless Driving Charge in Virginia be Removed?

When I was charged with reckless driving in July 2018, and paid the fees without fully understanding the severity of the charge, I found myself in a complex legal situation. The lawyers I consulted all stated that it was practically impossible to get the charge removed. Is there any truth to this?

Understanding Legal Advice

When you hire an expert to provide you with their opinion, it is crucial to listen to them. Especially when multiple experts convey the same message, one should take heed. Being non-lawyer, I have followed the legal advice given by professionals, and expect them to follow my expert opinions in fields outside their specialization, such as cloud architecture, data science, and portrait lighting.

Evidence of Misunderstanding Speeding Law

My original charge included an 81/55 and a 75/45, both reduced to speeding 19 over the limit. In Virginia, if you are caught driving a significant number of miles over the limit, the authorities often issue an automatic reckless driving charge. This charge requires a court appearance.

Typical Legal Steps to Reduce the Charge

To reduce the charge to speeding 19 over the limit in Virginia, you usually need to hire a lawyer. I have gone through this process multiple times, including for a charge of 75 in a 45 zone. The legal system in Virginia has made it difficult to fight these charges on your own, often requiring significant time and financial investment.

The Economics of Virginia's Reckless Driving Charges

Virginia has a unique system where if you are caught going a specific number of miles over the speed limit, you receive an automatic reckless driving charge. This often results in a higher fine and the need for a court appearance. Following such a ticket, your mailbox will be filled with offers from lawyers willing to represent you for a fee. These lawyers turn this into a lucrative business, making it slightly more cost-effective to negotiate with them rather than fighting the charge on your own.

The Cost and Effort Involved

In my case, the entire legal and financial process, including court appearances, cost about $1,000. If you show up in court, the financial burden can be even higher due to the additional fees. To remove a reckless driving charge, many people find it more practical to hire a lawyer, who can negotiate on their behalf and reduce the overall financial penalty.

Legal Alternatives and Future Expirations

While the current laws in Virginia make it difficult to expunge a reckless driving charge, there is some hope on the horizon. In 2025, Virginia plans to implement changes that allow for the expungement of certain traffic offenses. This could provide a viable solution for future cases, but it does not offer much help for those who are charged now.

Ultimately, if you receive a reckless driving charge in Virginia, the best course of action is to consult a lawyer who can guide you through the process and help you negotiate the most favorable outcome. While it is often necessary to pay a fee to a lawyer, it can save you significant time, effort, and money in the long run.