One often misunderstood belief about traffic offenses is that the worst thing that can happen to you is that your insurance rates will increase.
That is bad enough, because it will cost you thousands of dollars in the long run. But this false belief might land you a permanent criminal record. Take Reckless Driving, where many people say, “it's just Reckless Driving, I don't need an attorney” or “I'll plead guilty, pay a fine, and move on.” Many people don't know that Reckless Driving is a CRIME that carries the possibility of jail.
If they are convicted, they will have a PERMANENT CRIMINAL record.
In Virginia, you cannot expunge a criminal conviction. That means that when asked by future employers if you have ever been convicted of a crime, you must always answer in the affirmative. Without competent representation, you may be submitting yourself to an unnecessary conviction, fine, or jail time. Here are some potential consequences of a criminal traffic conviction:
• up to 12 months in jail
• up to $2,500 in fines
• a permanent (non-expungable) criminal record
• expensive and time-consuming programs
• community service
• supervision and restitution
• drug and alcohol testing
• suspension or revocation of your driver's license
• points on your license
• increased insurance rates
• loss of employment or security clearance
Other traffic crimes include Driving While Intoxicated and Aggressive Driving.
If you cut someone off by mistake and cause an accident, you may be charged with Failure to Yield the Right of Way, a traffic infraction. Unlike traffic crimes, traffic infractions do not carry the possibility of jail. The worst that can happen to you in traffic court is that you pay a fine. Also, your insurance rate will probably increase. However, if someone was injured, that person might be able to use your traffic conviction in a personal injury civil lawsuit against you. The fact that you were found guilty of a mere traffic infraction might translate into you being ordered by another court to pay tens of thousands of dollars for someone's medical expenses. Even if you are insured, your insurance company might not cover a large award of damages. That why it is important to hire an attorney for a traffic infraction in which someone was injured.
If you, a friend, or a family member have been charged with any of these Virginia Code sections or any traffic infraction involving personal injuries, call me so we can discuss your case:
46.2-852 Reckless Driving
18.2-266 Driving While Intoxicated
46.2-863 Failure to Yield Right of Way
46.2-300 or 301 Drive With No License or With a Suspended/Revoked License
18.2-272 Driving After Forfeiture of License (DWI/DUI related)