Improper Driving Virginia
Understanding Improper Driving vs. Reckless Driving
Driving is an essential part of life in Virginia. Unlike New York City, where walking or taking a cab is standard, residents rely heavily on their vehicles. This reliance means that patrol officers often monitor the roads for speeding and other unsafe driving behaviors. Consequently, many drivers will face reckless driving charges at some point.
Reckless driving is a Class 1 Misdemeanor, which can seriously affect a person's driving record and criminal history. To address the impact of such charges, the Virginia Legislature established a lesser offense called Improper Driving. In Virginia, this charge is typically applied when a driver's behavior falls short of reckless driving but still warrants some form of penalty.
What is Improper Driving in Virginia?
Improper Driving is a traffic infraction commonly applied in cases where individuals face reckless driving charges. According to § 46.2-869, if the “degree of culpability is slight,” a court or prosecutor can reduce a careless driving charge to improper Driving. This change is significant because it transforms a Class 1 Misdemeanor charge into a mere traffic infraction, meaning only an improper driving charge will appear on your driving record, with no misdemeanor conviction on your criminal history.
Improper Driving carries 3 points and remains on your driving record for three years. The highest fine for this offense is $500. In contrast, a reckless driving charge results in 6 points, stays on your record for 11 years, and appears on your criminal history indefinitely. For many, being charged with improper Driving can be a relief, as it does not affect security clearances or cause the same drastic increases in insurance rates as a reckless driving charge would.
Not All Cases Result in Improper Driving in Virginia
Improper Driving can be a favorable outcome in certain accident cases or when speeding leads to a reckless driving charge. However, there are instances where accidents occur without witnesses, and a Virginia police officer may issue a reckless driving citation. They might believe the charge will likely be reduced to improper Driving in court since property damage occurred. In these situations, improper Driving may not be applicable. Virginia case law states that simply having an accident without additional evidence does not automatically qualify as reckless or improper Driving, especially since the cause of the accident may be beyond the driver's control.
If you have questions about your situation, feel free to reach out for a free consultation. We can determine whether improper Driving is a possible outcome or if a reduction is unlikely. We regularly handle these cases at Clinton O. Middleton, Attorney at Law, PLLC. We will make sure you understand your options.
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