Exceeding a speed limit of 80 miles per hour in the state of Virginia can get you charged with reckless driving. However, going 20 miles over the speed limit is also called reckless driving. This means you can be charged with reckless driving over a speed of 75 mph in a 55 mph speed zone. Reckless driving in Virginia is more than just traffic rules violation. It is a serious criminal offense, classified as a class 1 felony which is the most serious kind of misdemeanors committed.
Virginia penalizes reckless driving with very little mercy. As a criminal charge, it could affect a person’s record and become a problem for their current and future employment prospects, schooling or even housing opportunities.
Speed Limits in Virginia
Virginia is included in the majority of the states which have an absolute speed limit. An absolute speed limit refers to a law where speeding over the posted limit results in a misdemeanor.
There is a basic speed limit law that states that it is a criminal offense to drive over designated speed which speed limit which is well faster for the present conditions. The person in this condition will be charged regardless of the posted speed limit. This can be considered same as the presumed speed limit, but functions can be considered in opposite directions. This law analyzes the situation at hand separately and how these conditions such as the weather affect the current safety speed limit.
What defense position one can take while charged with Overspeeding
While there are second to none ways to escape the penalties for reckless driving, mitigating evidence can be established with the help of an attorney. Where driving in the event of an emergency situation remains the favorite escape. But one has to come forward with substantial evidence if they cling to this reason as their excuse for reckless driving.
Mitigating evidence could also consist of the erroneous speedometer that either stopped working for the while or was not calibrated properly. This requires demonstration of the fact the person being tried for the charge is a perfectly good driver in stable condition, and the mishap could have occurred with anyone owing to the given circumstances.
However, abiding by the posted limit remains the essential rule for avoiding speed limit charges. It is a ticketable offense to go any number above the posted limit.
Sometimes a previously clean record can work to get you out of speeding charge as this one offense time may be overlooked. A clean slate is thus enough to have your charge dismissed by the session judge.
What are Some Emergency Situations that Allow Over Speeding?
Events that mitigate over speeding are emergency situations for which the defense needs to convince firmly upon the idea for the acquired speed at that moment.
What Happens if no speed Limit is Posted?
Having no posted speed limit makes the road fall into the default speed limit zone, which, for most business and residential areas tend to be 25 mph. Routes beginning with #600 which are secondary roads, the default speed limit is considered 45 mph for trucks while for other vehicles the same being 55mph. Unpaved roads have a significantly lower limit, i.e., 35 mph.