Dinwiddie County, Virginia — Reckless Driving Criminal Defense Attorney Case Result

Repeat offender was convicted of class 1 misdemeanor Reckless Driving for speeding 84 MPH in a 70 MPH zone.  The conviction resulted in a loss of career and livelihood for the driver, who drove for a living.  Upon review of a law change to the reckless driving statute, in which the threshold for reckless driving was raised from 81 MPH to 86 MPH, the attorney successfully was able to file a Motion to Reopen the case, which was granted.  Upon rehearing of the case, the attorney successfully convinced the Court to REDUCE the charge to Defective Equipment.  Unlike Reckless Driving, which is a misdemeanor that carries 6 points on a driver’s record for 11 years, Defective Equipment is a traffic infraction and a non-moving violation that carries no (0) demerit points on a driving record.  The driver’s record was corrected to remove the reckless driving conviction, and the driver was able to go back to work driving for a living.


Read more about the Reopening case after conviction statute under the Virginia Code here: § 16.1-133.1. Reopening case after conviction (virginia.gov).


Read more about the Defective Equipment Statute under the Virginia Code here: § 46.2-1003. Illegal use of defective and unsafe equipment (virginia.gov).


Read more about Reckless Driving by Speed under the Virginia Code here: § 46.2-862. Exceeding speed limit (virginia.gov).


Read more about Virginia DMV Six Point Violations here: Virginia Department of Motor Vehicles.