Reckless Driving in Virginia a Criminal Offense?

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texasfrog
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Reckless Driving in Virginia a Criminal Offense?

#1

Post by texasfrog » Fri Nov 10, 2017 8:28 pm

Hi everyone,

I'm a new resident of TX and I'm getting ready to apply for my LTC. Quick question, I received a "reckless driving" misdemeanor in 2007 in Virginia for speeding 82mph in a 55mph zone. For those that don't know, if you speed more than 20 mph over the limit in Virginia, it's an automatic "reckless driving" misdemeanor (pretty harsh in my opinion). Since I'm military and wasn't stationed in Virginia at the time, I had to pay a lawyer to show up in court for me. I was convicted and had to pay a $242 fee. I received no jail time, no arrest, no probation.

On my LTC application there is a question "Have you ever been arrested or charged with a crime?" Should I put yes? I have never had a problem with this 2007 reckless driving charge, even with a secret clearance with the military. I don't know if my reckless driving charge is considered a "criminal offense."

Thanks in advance.

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Re: Reckless Driving in Virginia a Criminal Offense?

#2

Post by Keith B » Fri Nov 10, 2017 8:43 pm

Welcome to the forum. :tiphat:

Reckless driving in Virginia is a Class 1 misdemeanor, which is equivalent to a Class A in Texas. You will need to list it on your application, and get a certified copy of the disposition of the charge from the county in Virginia in which the offense occurred.

That said, because it was in 2007, it is more than 5 years ago, so you should be OK to go in this case
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Re: Reckless Driving in Virginia a Criminal Offense?

#3

Post by imkopaka » Fri Nov 10, 2017 8:44 pm

If Virginia considered it a misdemeanor, I would personally put "yes" and see what happens. Not every crime prevents you from getting a license, but if you put "no" and they consider that misdemeanor sufficient to have marked "yes," they could deny your application for lying on the form. But IANAL.
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texasfrog
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Re: Reckless Driving in Virginia a Criminal Offense?

#4

Post by texasfrog » Fri Nov 10, 2017 9:01 pm

Keith B wrote:Welcome to the forum. :tiphat:

Reckless driving in Virginia is a Class 1 misdemeanor, which is equivalent to a Class A in Texas. You will need to list it on your application, and get a certified copy of the disposition of the charge from the county in Virginia in which the offense occurred.

That said, because it was in 2007, it is more than 5 years ago, so you should be OK to go in this case
Ok, thanks for the info. Luckily I still have some copies of the disposition since I've had to list this misdemeanor multiple times for other applications. It's still absurd to me that a speeding ticket in Virginia is considered a Class 1 misdemeanor. I've never remotely been in trouble with the law or the military other than this reckless driving charge. Hope it's good enough for an LTC.

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Re: Reckless Driving in Virginia a Criminal Offense?

#5

Post by spectre » Sat Nov 11, 2017 2:27 pm

texasfrog wrote:
Keith B wrote:Welcome to the forum. :tiphat:

Reckless driving in Virginia is a Class 1 misdemeanor, which is equivalent to a Class A in Texas. You will need to list it on your application, and get a certified copy of the disposition of the charge from the county in Virginia in which the offense occurred.

That said, because it was in 2007, it is more than 5 years ago, so you should be OK to go in this case
Ok, thanks for the info. Luckily I still have some copies of the disposition since I've had to list this misdemeanor multiple times for other applications. It's still absurd to me that a speeding ticket in Virginia is considered a Class 1 misdemeanor. I've never remotely been in trouble with the law or the military other than this reckless driving charge. Hope it's good enough for an LTC.
It's absurd to me that a LTC carrying concealed while voting is a criminal offense. The same for carrying at a professional sporting event. Both are less dangerous to the public than somebody driving 25 MPH faster than the posted limit.

Good luck to you.
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over the course of time they create for themselves a legal system that authorizes it
and a moral code that glorifies it. - Frédéric Bastiat


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Re: Reckless Driving in Virginia a Criminal Offense?

#6

Post by texasfrog » Tue Jan 23, 2018 9:20 am

Update: I was able to get my LTC without any trouble.
couzin wrote:
texasfrog wrote: ...It's still absurd to me that a speeding ticket in Virginia is considered a Class 1 misdemeanor.
It is not just a 'speeding' ticket - that kind of behavior gets people killed. You own it!
Perhaps I didn't communicate my point well. I wasn't making a point of "owning" it or not owning it. I have already taken responsibility for my actions. The point I was trying to make was that criminal behavior is a spectrum and that speeding more than 20mph than the limit (perhaps you have done that before in your life) is not on the same level, in my humble opinion, as typical class 1 misdemeanors such as drug paraphernalia, larceny, possession of stolen goods, damaging real or personal property, communicating threats and prostitution.


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Re: Reckless Driving in Virginia a Criminal Offense?

#7

Post by stash » Tue Jan 23, 2018 9:51 am

I am not sure but I think I remember reading once that being stopped for excessive speeding over the speed limit could also be a criminal offense in Texas.
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Re: Reckless Driving in Virginia a Criminal Offense?

#8

Post by flechero » Tue Jan 23, 2018 10:39 am

texasfrog wrote:Update: I was able to get my LTC without any trouble.
Glad to hear it. And thanks for your service! :tiphat:

We've all sped 21 or greater over at some point in our lives... sometimes even justified... that doesn't change the ticket or the fact that there is a big difference IMO in that and other criminal activity you could be charged with in those circumstances.

Worry not and carry on!

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Re: Reckless Driving in Virginia a Criminal Offense?

#9

Post by anygunanywhere » Tue Jan 23, 2018 11:02 am

stash wrote:I am not sure but I think I remember reading once that being stopped for excessive speeding over the speed limit could also be a criminal offense in Texas.
All moving violations in Texas are criminal offenses. Class C misdemeanors.
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Re: Reckless Driving in Virginia a Criminal Offense?

#10

Post by montgomery » Tue Jan 23, 2018 11:04 am

texasfrog wrote:Hi everyone,

I'm a new resident of TX and I'm getting ready to apply for my LTC. Quick question, I received a "reckless driving" misdemeanor in 2007 in Virginia for speeding 82mph in a 55mph zone. For those that don't know, if you speed more than 20 mph over the limit in Virginia, it's an automatic "reckless driving" misdemeanor (pretty harsh in my opinion). Since I'm military and wasn't stationed in Virginia at the time, I had to pay a lawyer to show up in court for me. I was convicted and had to pay a $242 fee. I received no jail time, no arrest, no probation.

On my LTC application there is a question "Have you ever been arrested or charged with a crime?" Should I put yes? I have never had a problem with this 2007 reckless driving charge, even with a secret clearance with the military. I don't know if my reckless driving charge is considered a "criminal offense."

Thanks in advance.
I am not an attorney, but I had (2) criminal speed convictions in (2) states I did not live in. I disclosed this on my application. In most states, 20+ over is criminal speed. I disclosed this to be safe and had my license the same week I mailed the docs to Austin.


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Re: Reckless Driving in Virginia a Criminal Offense?

#11

Post by montgomery » Tue Jan 23, 2018 11:13 am

flechero wrote:
texasfrog wrote:Update: I was able to get my LTC without any trouble.
Glad to hear it. And thanks for your service! :tiphat:

We've all sped 21 or greater over at some point in our lives... sometimes even justified... that doesn't change the ticket or the fact that there is a big difference IMO in that and other criminal activity you could be charged with in those circumstances.

Worry not and carry on!
https://www.nhtsa.gov/staticfiles/nti/pdf/811457.pdf


flechero
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Re: Reckless Driving in Virginia a Criminal Offense?

#12

Post by flechero » Tue Jan 23, 2018 4:24 pm

montgomery wrote:
flechero wrote:
texasfrog wrote:Update: I was able to get my LTC without any trouble.
Glad to hear it. And thanks for your service! :tiphat:

We've all sped 21 or greater over at some point in our lives... sometimes even justified... that doesn't change the ticket or the fact that there is a big difference IMO in that and other criminal activity you could be charged with in those circumstances.

Worry not and carry on!
https://www.nhtsa.gov/staticfiles/nti/pdf/811457.pdf

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Re: Reckless Driving in Virginia a Criminal Offense?

#13

Post by nimravus01 » Wed Jan 24, 2018 2:05 am

anygunanywhere wrote:
stash wrote:I am not sure but I think I remember reading once that being stopped for excessive speeding over the speed limit could also be a criminal offense in Texas.
All moving violations in Texas are criminal offenses. Class C misdemeanors.
Reckless driving in Texas can get you a class B misdemeanor charge. I'm not sure about all other counties, but, here in Bell county, that means being arrested and having to bond out. If I'm reading the DPS website correctly, then the DPS will suspend a LTC while a class B misdemeanor charge is pending.

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