What is Reckless Driving?
Reckless driving is a type of traffic violation that occurs when a driver operates a vehicle with a willful or wanton disregard for the safety of others. This can include speeding, driving under the influence of drugs or alcohol, running red lights or stop signs, or engaging in any other behavior that puts others at risk.
Reckless driving on your record stays for how long? Free tips!
Reckless driving charges remain on your record for a maximum of 10 years in most states. Some states, however, will keep the charge on your record for 11 years or longer, and others will keep serious reckless driving charges on your record permanently. You may also be able to expunge your reckless driving conviction sooner, depending on the severity of your charge. Traffic violations typically remain on your record for three, five, seven, or ten years. If you’re wondering what type of driving is reckless, here’s what you need to know.
The laws of Virginia, under SECTION 46.2-852, state that:
Reckless driving is a case of drivers who drive recklessly on a highway or on a road without considering the speed limit and are violating government laws. As it can be fatal for life, limb, or any other property of a person.
Behaviors counted for reckless driving:
- Driving a vehicle with the faulty or unadjusted braking system
- Sharing one lane with the other vehicle.
- Driving across the posted speed limit.
- Driving a vehicle with overloaded goods or materials.
- Driving with no proper signals.
- Driving in a manner that endangers the life or property of other people.
A speeding ticket and reckless driving:
Speeding is only a traffic infraction, but reckless driving is a crime. Speeding in excess of 20 mph over the posted limit, or in excess of 80 mph regardless of the posted limit, is a class 1 misdemeanor. A reckless driving conviction carries many of the same consequences as a misdemeanor criminal offense, such as jail time and a permanent criminal record. To avoid criminal penalties for reckless driving in Virginia, you will need a lawyer.
Penalties for reckless driving:
Class 1 misdemeanors include reckless driving. A conviction will result in the following punishment:
- You have 6 points on your Virginia driver’s license
- A fine of up to $2500.
- Jail for one year.
- 6 months suspension o driving privileges.
- Having a criminal record.
Reckless driving convictions in Virginia may also increase auto insurance rates and sometimes prevent you from renting a car. Convictions affect government security clearances and contract eligibility for military and law enforcement personnel, and must be disclosed when applying for citizenship.
Driving record:
As well as whether your actions caused the injury, the judge will consider your driving record or DMV point rating.
Racing-related reckless driving charges carry enhanced penalties, such as license suspensions of up to two years and possible vehicle seizures.
It is possible to prosecute reckless driving as a felony under certain circumstances. When you cause a death while racing, you are guilty of a class 6 felony. In addition to a license suspension of 1 to 3 years, felony reckless driving causing death can result in a prison sentence of up to 20 years. Having a suspended or revoked license is also a class 6 felony.
Will you be sentenced to jail for reckless driving:
You can get into jail for one day or more depending on the speed you exceeded above 90mph. The number of days may get increase for every mph exceeding the limit posted. However, some judges believe it’s necessary to “send a message” to the offender. Now you might be wondering what to say in court for reckless driving. Click to learn more!
Reckless driving on adult criminal record:
Basically, adults have two records:
1. DMV record
2. CRIMINAL record.
Reckless driving on your DMV record stays for 11 years. However, it doesn’t remove or expunge your criminal record
Reckless driving on your juvenile record:
Criminal records for juveniles differ from those for adults. Generally, juvenile records are not accessible to the public, but they are accessible to certain government agencies and law enforcement officials, including Virginia police officers and prosecutors.
The record of your reckless driving conviction will automatically be expunged after you turn 19 years old and 5 years have passed since your conviction.
Most people will not benefit from a sealed or destroyed record. The majority of people who are concerned about their criminal record do not want to disclose their convictions on applications. The fact that your conviction record has been expunged does not mean that you were not convicted. When someone asks whether you have ever been convicted of a crime, even if your juvenile record has been destroyed, you must answer honestly.
Effects of reckless driving on your record:
Reckless driving convictions affect different people differently. Criminal convictions for reckless driving are more likely to have serious consequences if:
- A security clearance is required for your work.
- As part of your job, you drive a company vehicle.
- CDL is your commercial driver’s license
- You serve in the military.
- Law school or bar admissions are underway
- As a TPS holder, you are not eligible to become a US citizen
CONCLUSION:
A reckless driving conviction will stay on your records for 11 years or more, depending on the state you live in. However, you need to be careful while driving on the road and should maintain a safe following distance of at least 3 seconds to ensure a safe drive. A conviction of reckless driving on your record can spoil your DMV record as well as your criminal record. A conviction on criminal records may also result in many circumstances you may face in finding jobs.
FAQs:
A person who is found guilty of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor
You will remain on your California driving record for at least three to ten years if you engage in reckless driving. Intoxication is not a factor if you received a dry reckless driving charge. A charge of this nature falls off your record after three years.
When you commit a DMV offense, a demerit point will remain on your record for two years.
It is possible to beat reckless driving charges. You must be proven guilty beyond a reasonable doubt by the Commonwealth. If the Commonwealth fails to present the necessary evidence, each part of the offense can be used as a defense.
Reckless Driving Defenses You Can Use
The location. If your reckless driving charge was brought in the wrong county or city, then the Commonwealth must prove this.
The highway. As with the previous defense, this one is situation-specific.
Calibration of radar or LIDAR.
The use of equipment.
The speedometer on your car.
Defense against GPS.
Speeding over the limit. When a driver of a motor vehicle on a Commonwealth highway exceeds the applicable maximum speed limit by 20 miles per hour or more or exceeds 85 miles per hour regardless of the applicable maximum speed limit, they are guilty of reckless driving.