Somewhat complicated, but in general, pedestrians have the right-of-way at marked crosswalks. Pedestrians would also have the right-of-way at intersections against cars entering that roadway, but not versus cars already traveling on that roadway.
Reckless Driving is a misdemeanor in Virginia, not a felony. That means punishments can include fines up to $2500 and incarceration up to 1 year in jail. In addition, Reckless Driving can include a license suspension of up to 6 months. While not a felony, a misdemeanor like Reckless Driving is distinct from a traffic infraction in that it is typically punishable by a fine of only $250 and doesn’t include a mandatory court appearance.
A record of a Reckless Driving conviction will be maintained by the Virginia DMV for 11 years. DMV demerit points only last for 2 years from the date of offense. Less serious matters might stay on your DMV record for a shorter period of time and carry less demerit point impact, but the offense of Reckless Driving stays there for 11 years.
Virginia holds CDL applicants and holders to a high safety standard. The rules here are complicated and depend on the nature and circumstances of an offense, but in general, a DUI can result in a one year CDL disqualification, and a subsequent DUI can result in a permanent disqualification.
A DUI will remain on your Virginia DMV driving record for 11 years. However, there will typically be state and Federal records of arrests and criminal convictions that never go away. They would remain part of your permanent record unless/until you pursued an expungement.
A typical DUI in Virginia is a misdemeanor, not a felony. Like most misdemeanors, that means the punishments can include fines up to $2500 and a jail sentence of up to 1 year. In addition, a DUI conviction carries mandatory license suspension and probation.
There are certain specific instances when a DUI might be charged as a felony. A felony is a crime punishable by more than one year of incarceration. The most common example of a DUI as a felony is one in which the accused has at least two prior convictions of that offense within the previous 10 years.
Reckless Driving in Virginia is not merely a traffic ticket. Reckless Driving is a misdemeanor criminal charge, and as such, carries maximum punishments of up to one year in jail, license suspension for up to six-months, and a $2,500 fine. In addition, a conviction will result in a permanent criminal record with state and Federal law enforcement agencies. This can be a factor in a future job or school application. A conviction can have an impact on a security clearance application or renewal, affecting not only government employees, but even government contractors. A Reckless Driving conviction can have serious ramifications with your DMV record, auto insurance rates, and can even be a factor in your life insurance premium calculations.
Under Virginia law, Reckless Driving can be alleged in a number of different forms. General Reckless Driving under Virginia Code 46.2-852 hinges on dangerous driving. Sometimes this section might be invoked in a traffic accident circumstance. Very common in Virginia is Reckless Driving by speed alone. Virginia Code 46.2-862 defines recklessness as exceeding the posted speed limit by 20 miles per hour or more, or more than 80 miles per hour regardless of the speed limit.
Although one can be arrested for Reckless Driving, most commonly, a traffic summons is issued at the scene and you have a mandatory court date in the local General District Court.
Maybe. The rule in Virginia is that if you ahve been convicted of a felony or a misdemeanor involving “moral terpitude,” then that conviction can be introduced at trial to allow a jury to infer that you are being less than truthful. Crimes of moral terpitude are those that involve lying, cheating or stealing. So that shoplifting conviction that you have from when you were a teenager might come back to haunt you at trial in a Virginia auto accident case.
The only way to avoid this coming up at an embarrassing (and costly) moment at trial is to be absolutely honest with your lawyer from the very beginning of your case and throughout the discovery process. Remember that insurance companies have deep pockets and tons of money to spend protecting those funds. As a rule of thumb, if it is out there, you can expect the insurance company’s research to turn it up.