Whatare the timeframe limitations for issuing a reckless driving ticket after an accident?

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Whatare the timeframe limitations for issuing a reckless driving ticket after an accident?

I was involved in a single car MVA on the 7th of this month. I struck a deer then went through a fence and supposedly caused $5300 in property damage and totaled my new vehicle. I was released from the scene with no citations and told “I had nothing to worry about”. On the 20th a deputy called me and advised he had a warrent for my arrest and I needed to pick it up. The charge was reckless driving, improper control on state maintained road, which is a class 1 misdemeanor. He wrote the ticket on the 14th, 7 days after my accident. Is there a time frame to write this ticket?

Asked on October 24, 2011 under Accident Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In every state in this country there is a time frame in which to file criminal charges for a misdemeanor and a felony. In most states the district attorney's office has up to a year to file misdemeanor charges running from the date that the incident occurred.

From what you have written about your automobile mishap, there is no time limitations that would result in the charges against you being dismissed. I do recommend that since you have been charged with a misdemeanor (reckless driving), that you consult with an experienced criminal defense attorney since the charges against you are serious and your driver's license could be at risk of being suspended.


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