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Editor: Bob Battle
Profession: DUI Defense Lawyer

Another dramatic example of how the unknown and unforeseen consequences of Virginia Reckless Driving Speeding convictions can lead to extremely harsh results was underscored by a sentencing today in Fairfax County Circuit Court.

Virginia Reckless Driving Speeding Lawyer Bob Battle was representing an individual who was charged with a felony involving taking money from his former employer. The client had no prior record (or so he thought!) and had repaid the restitution in full. The client's record in fact contained 2 convictions of speeding in the 80's that were charged as as Reckless Driving Speeding. As anyone who has found their way to Bob Battle's website knows, Reckless Driving Speeding is a class 1 misdemeanor criminal offense. So when the sentencing range was computed pursuant to the Virginia Sentencing Guidelines for this client, he received an additional point for his two misdemeanor convictions.

Even more startling was that he received an additional 4 points because he had committed this felony offense while he had a pending Reckless Driving Speeding charge. The Virginia Sentencing Guidelines state that the time between someone being given a Summons for Reckless Driving and their trial date is considered to be "pre-trial release." This comes under a section called "legally restrained at time of offense." The end result of having these two reckless driving Speeding convictions which the client did not know were misdemeanors because he did not hire an attorney and in fact did not even go to court to contest, led his Sentencing Guideline range to go from a recommendation of probation to a recommendation of up to 6 months in jail!

Things still turned out well for the client. Unlike the Federal Sentencing Guidelines, the Virginia Sentencing Guidelines are not mandatory. The judge looked at this individual's overall background, acceptance of responsibility for his actions, and lack of any other criminal record and gave him a sentence of probation.