What is Reckless Driving?
It’s a violation when one exceeds the speed limit and endangers others beyond negligence. An example would be going over 30 mph in the District and weaving around cars. An example in Virginia would be exceeding 80 mph and switching lanes at this high speed.
Is Reckless Driving a Felony?
Reckless driving is a misdemeanor, not a felony. It still means points will be deducted from one’s driving record and that it will be difficult to rent an apartment, pass a background check, apply for a job, and get desirable insurance premiums.
What’s a misdemeanor?
A misdemeanor is a class of crime that is less than a felony, but more than a simple violation you are cited for. It goes on your record and you must disclose this run-in with the law when filling out paperwork such as a rental or job application.
How does this affect me?
The costs associated with a misdemeanor are hefty. First-time fines are up to $500. Second-time fines can be up to $1,000. The cost alone is prohibitive, but so is jail time. One can be imprisoned for up to 90 days for a first-time offender and 180 days upon a second offense.
What are the consequences?
The consequences are more out of pocket costs, such as insurance premiums, fines, legal fees, and the possibility that you may not be able to rent in a neighborhood or area you like. In addition, you could be passed over for a promotion because you have demonstrated poor judgment. You could also be placed on probation, which could hinder your weekends and ability to travel freely. Your license could also be revoked for a period of time.
How does a lawyer help?
An expert attorney like Nabeel Kibria, of Ervin Kibria Law, can help you get all options on the table. He has handled hundreds of cases at D.C. Superior Court and will not only point you in the right direction – he will be with you every step of the way. Most law firms you reach out to, you will be corresponding with a legal assistant, but Mr. Kibria is unique in that he will personally text and email you to update you on the progress of your case.
What are the differences between getting Reckless Driving in DC versus VA?
In DC and VA, fines are calculated differently and the definitions are slightly different.
DC code states that one can be imprisoned up to 90 days and pay up to $500 for a first-time offense. It rises every time thereafter. Six points will be deducted from one’s driving record if they are convicted; 12 points if it is aggravated. (See the next question for details)
VA law dictates that mandatory minimum fine is classification as a Class I misdemeanor, which means it goes on your criminal record. And the minimum fine is $250. However, if you caused the death of another person while doing this, it’s a Class 6 felony.
VA defines reckless driving as, “Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”
What is reckless driving versus aggravated reckless in DC?
Reckless driving in DC is defined as below:
(b) A person shall be guilty of reckless driving if the person drives a vehicle upon a highway carelessly and heedlessly in willful or wanton disregard for the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger a person or property.
Aggravated DC reckless driving is:
(b-1) A person shall be guilty of aggravated reckless driving if the person violates subsection (b) of this section and the person does one or more of the following:
(1) Operates the vehicle at a rate or speed at or greater than 30 miles per hour over the stated speed limit;
(2) Causes bodily harm or permanent disability or disfigurement to another; or
(3) Causes property damage in excess of $1,000.
§ 50–2201.04. Speeding and reckless driving.
(a) No vehicle shall be operated at a greater rate of speed than permitted by the regulations adopted under the authority of this part.
(b) A person shall be guilty of reckless driving if the person drives a vehicle upon a highway carelessly and heedlessly in willful or wanton disregard for the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger a person or property.
(b-1) A person shall be guilty of aggravated reckless driving if the person violates subsection (b) of this section and the person does one or more of the following:
(1) Operates the vehicle at a rate or speed at or greater than 30 miles per hour over the stated speed limit;
(2) Causes bodily harm or permanent disability or disfigurement to another; or
(3) Causes property damage in excess of $1,000.
(c) (1) A person violating subsection (b) of this section shall, upon conviction for the first offense, be fined no more than the amount set forth in § 22‑3571.01, or incarcerated for no more than 90 days, or both.
(2) A person violating subsection (b) of this section when the person has been convicted of a prior offense under subsection (b) of this section within a 2-year period and is being sentenced on the current offense shall be fined no more than the amount set forth in § 22‑3571.01, or incarcerated for no more than 180 days.
(3) A person violating subsection (b) of this section when the person has 2 or more prior convictions for offenses under subsection (b) of this section within a 2-year period and is being sentenced on the current offense shall be fined no more than the amount set forth in§ 22‑3571.01, or incarcerated for no more than one year.
(c-1) (1) A person violating subsection (b-1) of this section shall, upon conviction for the first offense, be fined no more than the amount set forth in § 22‑3571.01, or incarcerated for no more than 180 days, or both.
(2) A person violating subsection (b-1) of this section when the person has one or more prior convictions for offenses under subsection (b-1) within a 2-year period and is being sentenced on the current offense shall be fined no more than the amount set forth in § 22‑3571.01, or incarcerated for no more than one year.
(d) Any individual violating any provision of this section, except where the offense constitutes aggravated reckless driving, shall be subject to a civil fine under the District of Columbia Traffic Adjudication Act (§ 50‑2301.01 et seq.).
(e) A presumption shall exist that a reckless, careless, hazardous, or aggressive driving conviction that occurred in a foreign jurisdiction constitutes reckless driving as provided in subsection (b) of this section, unless the District can show evidence that the person met the requirements for aggravated reckless driving in subsection (b-1) of this section.
(f) The fines set forth in this section shall not be limited by § 22‑3571.01.