Virginia Reckless Driving Penalty: What You Need to Know

For over two decades, I’ve witnessed firsthand the profound impact a reckless driving charge in Virginia can have on an individual’s life. Many people mistakenly believe it’s merely a high-end speeding ticket. This misunderstanding, unfortunately, often leads to complacency that can result in severe, long-lasting consequences. In Virginia, reckless driving is a criminal offense, not a simple traffic infraction. This distinction is critical and forms the bedrock of understanding why proactive and informed legal defense is indispensable.

As a seasoned attorney with Law Offices Of SRIS, P.C., I have dedicated my career to navigating the complexities of Virginia’s traffic and criminal laws. My experience has taught me that no two cases are identical, and each requires a meticulous, strategic approach. This guide is designed to provide you with a comprehensive understanding of Virginia’s reckless driving laws, the potential penalties you face, and the robust defense strategies available to protect your rights and your future.

Understanding the Consequences and Stakes of a Virginia Reckless Driving Charge

A Virginia reckless driving charge carries significant criminal penalties, transcending the implications of a typical traffic ticket and potentially resulting in fines, jail time, and driver’s license suspension, alongside a permanent criminal record.

Unlike minor traffic infractions, reckless driving in Virginia is classified as a Class 1 Misdemeanor under Virginia Code § 46.2-868. This places it in the same category as offenses like assault and battery, or DUI, underscoring its serious nature. This classification means a conviction will result in a criminal record that can follow you for years, impacting various aspects of your life.

Penalties Under Virginia Code § 46.2-868

• Jail Time: Up to 12 months in jail. While not every conviction results in jail time, judges have the discretion to impose it, particularly in cases involving extremely high speeds, accidents, or prior offenses.
• Fines: A fine of up to $2,500. This is significantly higher than most traffic infractions and can be a substantial burden.
• Driver’s License Suspension: Your driving privileges can be suspended for up to 6 months. This suspension is separate from any DMV administrative suspension and can severely disrupt your daily life, affecting your ability to work, attend school, or manage family responsibilities.
• DMV Demerit Points: A reckless driving conviction results in 6 demerit points on your driving record. These points remain on your record for 11 years. Accumulating too many points can lead to further administrative suspensions by the Virginia Department of Motor Vehicles (DMV).
• Criminal Record: Perhaps the most enduring consequence is the creation of a permanent criminal record. This record is publicly accessible and can appear on background checks, affecting future employment opportunities, housing applications, and even professional licensing.
• Increased Insurance Premiums: Insurance companies view reckless driving convictions as a major risk factor. You can expect a significant increase in your car insurance rates, potentially for several years, leading to thousands of dollars in additional costs.
• Employment Impact: Many employers, especially those requiring driving or security clearances, conduct criminal background checks. A reckless driving conviction can be a disqualifying factor for certain jobs or promotions. For commercial drivers, it can jeopardize their livelihood.
• Immigration Consequences: For non-citizens, a criminal conviction of any kind, including reckless driving, can have serious immigration consequences, potentially affecting visa status, green card applications, or even leading to deportation proceedings.

The severity of these penalties often depends on several factors, including the specific circumstances of the offense (e.g., speed, road conditions, weather, presence of children), your driving history, and the discretion of the presiding judge. For instance, a conviction under Va. Code § 46.2-862 for excessive speed (over 80 MPH or 20 MPH over the limit) often carries a higher likelihood of jail time and license suspension, particularly at speeds exceeding 90 MPH or 100 MPH. However, any reckless driving charge in Virginia demands serious attention due to the potential for significant fines, points, and even incarceration.

Navigating the Virginia Legal Process for Reckless Driving Cases

The legal process for a Virginia reckless driving charge typically begins in the General District Court, involving steps from initial appearance to trial, with potential for appeals to the Circuit Court and interaction with the DMV.

Understanding the procedural roadmap is essential for anyone facing a reckless driving charge in Virginia. The journey can feel daunting, but with knowledgeable guidance, it becomes navigable. Your case will primarily involve the General District Court, and potentially the Circuit Court on appeal, along with the Virginia Department of Motor Vehicles (DMV).

Key Stages in a Reckless Driving Case:

1. Traffic Stop and Summons: The process typically begins with a law enforcement officer, such as a Virginia State Trooper or a local police officer, stopping your vehicle and issuing a summons. This summons will outline the specific charge (e.g., Va. Code § 46.2-862 for speeding reckless driving, or Va. Code § 46.2-852 for general reckless driving) and provide your court date, which will be in the General District Court of the jurisdiction where the offense occurred.
2. Initial Court Appearance (Arraignment): On your first court date, you will appear before a judge in the General District Court. This is usually where you enter a plea (guilty, not guilty, or no contest). Your attorney can often handle this appearance on your behalf, especially if you plan to contest the charge. This stage also allows your attorney to speak with the prosecuting attorney (Commonwealth’s Attorney) or the officer about the case details and potential resolutions.
3. Discovery and Investigation: After pleading not guilty, your attorney will gather evidence. This may include requesting calibration records for radar or lidar devices used by the officer, reviewing dashcam or bodycam footage, interviewing potential witnesses, and inspecting the scene. A thorough investigation is crucial for building a strong defense.
4. Pre-Trial Negotiations: Many reckless driving cases are resolved through negotiations. Your attorney will engage with the Commonwealth’s Attorney to discuss possible plea agreements, such as reducing the charge to a lesser offense (e.g., speeding, improper driving) or a deferral program (where the charge is dismissed after a period of good behavior and compliance with certain conditions).
5. Trial: If no satisfactory plea agreement is reached, the case proceeds to trial. In General District Court, trials are typically conducted by a judge, not a jury. Both the prosecution and the defense will present evidence, call witnesses (including the ticketing officer), and make arguments. The judge will then render a verdict.
6. Sentencing: If you are found guilty or plead guilty, the judge will impose a sentence, which may include fines, court costs, jail time, and/or driver’s license suspension, as outlined under Va. Code § 46.2-868.
7. Appeals to Circuit Court: If you are convicted in General District Court, you have an automatic right to appeal the decision to the Circuit Court within 10 days of the conviction. An appeal means the case is heard de novo (as if new) by a different judge, or potentially a jury, in the Circuit Court. This offers a second chance to present your case and often leads to a more favorable outcome.
8. DMV Actions: Regardless of the court outcome, the Virginia DMV will take administrative actions based on a reckless driving conviction. This includes assigning 6 demerit points and potentially imposing a separate administrative suspension of your driving privileges, which runs concurrently with or after any court-ordered suspension.

The roles of the various entities are distinct: law enforcement officers initiate the charge, the General District Courts and Circuit Courts adjudicate the case and impose criminal penalties, and the Virginia Department of Motor Vehicles (DMV) manages your driving record and administrative suspensions. Each step requires a precise understanding of legal procedures and an ability to strategically advocate on your behalf.

The SRIS Virginia Reckless Driving Case Navigator Tool

Navigating a reckless driving charge can feel overwhelming, but with the right guidance, you can approach your case with clarity and purpose. Based on years of handling cases in Virginia courts, Law Offices Of SRIS, P.C. has developed the “SRIS Virginia Reckless Driving Case Navigator Tool” – a practical, step-by-step guide designed to help you understand your immediate priorities and prepare for the legal journey ahead.

Your Step-by-Step Guide to Responding to a Virginia Reckless Driving Charge:

1. Understand Your Summons:
   • Action: Locate the specific code section cited (e.g., Va. Code § 46.2-862, § 46.2-852). Note the court date, time, and location.
   • Why: Knowing the exact charge helps in understanding the potential penalties and crafting a targeted defense.
2. Do NOT Pay the Ticket:
   • Action: Resist the urge to simply pay the fine online or by mail.
   • Why: Paying a reckless driving ticket in Virginia is an admission of guilt to a criminal offense, leading to a criminal record, demerit points, and potential license suspension without a fight.
3. Begin Evidence Preservation & Documentation:
   • Action:
     • Photograph the scene (if safe and soon after).
     • Note road conditions, weather, visibility.
     • Document your speed, the posted speed limit, and any factors influencing your driving (e.g., emergency).
     • Gather contact information for any witnesses.
     • Preserve vehicle maintenance records (e.g., speedometer calibration, tire condition).
   • Why: Detailed documentation can be critical evidence in your defense.
4. Identify Potential Mitigating Circumstances:
   • Action: Think about any factors that might have contributed to the situation but demonstrate a lack of malicious intent or extreme recklessness (e.g., medical emergency, unavoidable road hazard, honest mistake regarding speed limit changes).
   • Why: Mitigating circumstances can influence a judge’s decision or a prosecutor’s willingness to offer a reduction.
5. Evaluate Your Driving Record:
   • Action: Obtain a copy of your official Virginia DMV driving record (or from your home state if out-of-state).
   • Why: A clean driving record can be a significant advantage in court; a poor one may necessitate a different defense strategy.
6. Consider Proactive Measures:
   • Action:
     • Enroll in and complete a Virginia DMV-approved driving improvement clinic.
     • Complete community service hours.
     • Obtain an accurately calibrated speedometer if yours was suspect.
   • Why: These actions demonstrate responsibility and a commitment to safe driving, which can positively influence the court.
7. Consult a Seasoned Virginia Reckless Driving Attorney IMMEDIATELY:
   • Action: Contact Law Offices Of SRIS, P.C. at 888-437-7747 for a confidential case review.
   • Why: An attorney can assess your specific situation, explain the legal implications, identify potential defenses, and represent you effectively in court, often increasing the likelihood of a favorable outcome and protecting your rights.

By using the “SRIS Virginia Reckless Driving Case Navigator Tool,” you are taking proactive steps toward managing your case effectively and setting the stage for the most favorable outcome possible.

Legal Strategies and Defenses Against Reckless Driving Charges in Virginia

A robust defense against a Virginia reckless driving charge often involves scrutinizing the prosecution’s evidence, leveraging mitigating circumstances, or negotiating for a reduction to a less severe offense.

Having represented countless individuals facing reckless driving charges across Virginia, I can affirm that a conviction is not inevitable. A well-crafted defense strategy can significantly impact the outcome, potentially leading to a dismissal, a reduction to a lesser charge, or a more lenient sentence. The approach taken will depend heavily on the specific facts of your case, the evidence presented by the prosecution, and the presiding judge and prosecutor in your particular jurisdiction.

Common Legal Strategies and Defenses:

1. Challenging the Measurement of Speed:
   • Radar/Lidar Calibration: One of the most common defenses involves challenging the accuracy of the speed measuring device. Officers are required by Virginia law to have their radar or lidar equipment calibrated regularly. Your attorney can request calibration records and challenge the evidence if proper procedures were not followed or if the equipment was not calibrated within the required timeframe.
   • Officer Training: The officer must also be properly trained and certified to operate the speed detection device.
   • Environmental Factors: Weather conditions, terrain, and traffic density can affect the accuracy of radar/lidar readings.
2. Disputing Reckless Operation (Non-Speed Related):
   • For charges under Va. Code § 46.2-852 (general reckless driving), the prosecution must prove that you operated your vehicle in a manner that endangered life, limb, or property.
   • Lack of Endangerment: Your attorney can argue that while you may have committed a traffic infraction, your driving did not actually endanger anyone or anything. This requires a thorough analysis of the scene, traffic conditions, and the absence of accidents or near-misses.
   • Unavoidable Circumstances: Arguing that your actions were a response to an emergency or unavoidable road hazard, rather than a willful disregard for safety.
3. Mistake of Fact:
   • In certain situations, it might be argued that you genuinely misunderstood a speed limit change, or were unaware of a vehicle malfunction (e.g., faulty speedometer) that led to the alleged violation. This isn’t a complete defense but can serve as a mitigating factor.
4. Plea Bargaining and Reductions:
   • This is a common and often effective strategy. Your attorney can negotiate with the Commonwealth’s Attorney to reduce the charge to a less serious offense, such as:
     • Improper Driving (Va. Code § 46.2-869): This is a simple traffic infraction, not a criminal offense. It carries a maximum fine of $500 and 3 demerit points. It is often a desirable outcome for reckless driving cases, especially those involving lower speeds.
     • Speeding: A reduction to a regular speeding ticket (e.g., 9 MPH or 14 MPH over the limit) is another common outcome, avoiding the criminal conviction.
   • The success of plea bargaining often depends on the specifics of your case, your driving record, and the policies of the local prosecutor’s office.
5. Mitigating Circumstances:
   • Even if a conviction seems likely, your attorney can present mitigating factors to the judge to seek a reduced sentence. These can include:
     • A clean driving record.
     • Completion of a Virginia DMV-approved driving improvement clinic.
     • Completion of community service hours.
     • Proof of speedometer calibration.
     • A genuine expression of remorse.
     • Absence of an accident or injury.
   • These actions demonstrate responsibility and can influence the judge to impose a lighter fine, no jail time, or a shorter license suspension.
6. Continuance for Driving Improvement:
   • In some jurisdictions, the court may be willing to continue your case to allow you to complete a driving improvement clinic or perform community service. Upon successful completion, the charge may be dismissed or reduced. This is particularly common for first-time offenders.

The selection and execution of these strategies require a deep understanding of Virginia’s legal landscape and a seasoned approach to court proceedings. Law Offices Of SRIS, P.C. meticulously evaluates each client’s case to determine the most viable defense path, always aiming for the most favorable outcome possible.

Common Mistakes to Avoid in a Virginia Reckless Driving Case

In my experience, many individuals facing a Virginia reckless driving charge inadvertently make errors that can jeopardize their case. Avoiding these common pitfalls is as crucial as building a strong defense.

1. Mistake #1: Treating it Like a Regular Traffic Ticket.

   Pitfall: Many individuals don’t realize reckless driving is a criminal misdemeanor in Virginia. They might assume they can just pay the fine online or by mail, like a minor speeding ticket.

   Consequence: Paying the fine is an admission of guilt, leading to a criminal conviction on your record, maximum demerit points, and potential license suspension and jail time, all without ever appearing in court or presenting a defense.

2. Mistake #2: Not Appearing in Court.

   Pitfall: If you receive a summons, you are legally required to appear on your court date, unless your attorney appears on your behalf and the court permits it. Missing court, especially if you haven’t secured legal representation, is a grave error.

   Consequence: The judge can issue a “failure to appear” charge, which is another criminal misdemeanor, and may issue a bench warrant for your arrest, leading to even more severe legal problems.

3. Mistake #3: Talking to the Prosecutor or Police Without Legal Counsel.

   Pitfall: While you might feel compelled to explain your side of the story or negotiate directly, anything you say can be used against you.

   Consequence: You might inadvertently admit to facts that strengthen the prosecution’s case or undermine potential defenses. Always direct inquiries to your attorney.

4. Mistake #4: Failing to Gather Evidence or Prepare.

   Pitfall: Believing that the burden of proof rests solely on the prosecution and not actively preparing your own case.

   Consequence: You miss opportunities to collect crucial evidence (e.g., radar calibration logs, dashcam footage, witness statements) or proactively take steps like completing a driving improvement clinic, which can significantly bolster your defense or mitigation efforts.

5. Mistake #5: Not Understanding Your Driving Record.

   Pitfall: Being unaware of your demerit point status, previous offenses, or out-of-state driving record.

   Consequence: Your driving history plays a significant role in how the judge and prosecutor view your case. A clean record can be a major advantage, while a poor one can lead to harsher penalties if not addressed strategically.

6. Mistake #6: Waiting Too Long to Seek Legal Counsel.

   Pitfall: Delaying contact with a seasoned attorney until just before your court date or, worse, after conviction.

   Consequence: Crucial time is lost for investigation, evidence gathering, strategic planning, and negotiations. Opportunities for proactive measures like driving clinics or speedometer calibrations may be missed, and the window for appeal after conviction is very short.

Glossary of Key Virginia Reckless Driving Terms

Class 1 Misdemeanor

A criminal offense in Virginia, carrying potential penalties of up to 12 months in jail and/or a fine of up to $2,500.

Virginia Code § 46.2-852

The general statute defining reckless driving as operating a vehicle in a manner that endangers life, limb, or property.

Virginia Code § 46.2-862

The statute specifically defining reckless driving by speed, applicable when driving over 80 MPH or 20 MPH over the posted speed limit.

Demerit Points

Points assigned to a driver’s record by the Virginia DMV for traffic convictions. Reckless driving carries 6 points, which remain for 11 years.

General District Court

The court where most Virginia reckless driving cases are initially heard. Cases are typically heard by a judge, not a jury.

Circuit Court

A higher court in Virginia. Appeals from General District Court convictions are heard de novo (as if new) in Circuit Court, which can include a jury trial.

Improper Driving

A lesser traffic infraction (not a criminal offense) under Va. Code § 46.2-869, carrying fewer demerit points and a lower maximum fine. Often a goal in plea negotiations for reckless driving charges.

Continuance

A postponement of a court hearing to a later date. Often used to allow time for a defendant to complete proactive measures like a driving improvement clinic.

Common Scenarios & Questions About Virginia Reckless Driving

Over the years, certain patterns and questions emerge repeatedly from clients facing reckless driving charges. These scenarios highlight the diverse situations that can lead to a charge and the common concerns people have.

Scenario 1: The Out-of-State Driver

Question: “I was driving through Virginia on vacation and got a ticket for reckless driving for speeding over 90 MPH. I live in New York. Do I really have to come back to Virginia for court? What happens to my New York license?”

Answer: Yes, you are generally required to appear in a Virginia court for a reckless driving charge, especially if it involves high speed, as paying the ticket would result in a criminal conviction. However, a seasoned Virginia attorney can often appear on your behalf, minimizing your need to travel. As for your New York license, Virginia is part of the Interstate Driver’s License Compact. A Virginia reckless driving conviction will be reported to the New York DMV, leading to points or other penalties on your New York driving record, potentially including suspension, depending on New York’s laws.

Scenario 2: The “Just a Few Miles Over” Misconception

Question: “I was going 75 MPH in a 55 MPH zone. That’s just 20 MPH over, so it’s only speeding, right? It’s not like I was going 90.”

Answer: This is a critical misconception. Under Va. Code § 46.2-862, driving 20 MPH or more over the posted speed limit *is* reckless driving, regardless of the absolute speed. So, 75 MPH in a 55 MPH zone meets the threshold for a criminal reckless driving charge. Similarly, driving over 80 MPH, regardless of the speed limit, also constitutes reckless driving. The 20 MPH over rule is just as serious as the 80 MPH absolute speed rule. This is why understanding the specific statutes is so vital.

Scenario 3: The Unintended Weave

Question: “I wasn’t speeding, but I was changing lanes a lot and maybe cut someone off by accident. The officer charged me with reckless driving. What does that mean?”

Answer: This likely falls under Va. Code § 46.2-852, the general reckless driving statute, which covers operating a vehicle in a manner that endangers life, limb, or property. Actions like improper lane changes, aggressive driving, failing to signal, or weaving through traffic can be interpreted as reckless, even if speed isn’t a factor. The prosecution would need to prove your driving objectively endangered others. Your defense would focus on demonstrating a lack of actual endangerment or that your actions were not truly reckless.

Scenario 4: The Outdated Speedometer

Question: “I thought my speedometer was accurate, but it turns out it was off by 7 MPH! Can I use this as a defense?”

Answer: An inaccurate speedometer can be a mitigating factor, and in some cases, even a partial defense if it can be proven that the inaccuracy significantly contributed to you unknowingly exceeding the reckless driving threshold. It’s crucial to get your speedometer calibrated by a certified professional *before* your court date and bring the calibration certificate to court. This demonstrates diligence and provides concrete evidence that your perceived speed was different from your actual speed, potentially influencing the judge or prosecutor to reduce the charge.

Frequently Asked Questions About Virginia Reckless Driving

Here are answers to some of the most common questions my clients have about Virginia reckless driving charges:

Q1: Is reckless driving a criminal offense in Virginia?

A: Yes, absolutely. In Virginia, reckless driving is classified as a Class 1 Misdemeanor, making it a criminal offense, not just a traffic infraction. This means a conviction will result in a permanent criminal record, alongside potential jail time, fines, and license suspension.

Q2: How fast do I have to be going to be charged with reckless driving in Virginia?

A: You can be charged with reckless driving if you are driving 20 MPH or more over the posted speed limit, or if you are driving over 80 MPH, regardless of the speed limit. For example, 75 MPH in a 55 MPH zone is reckless driving by speed, as is 81 MPH in a 65 MPH zone.

Q3: What are the potential jail sentences for reckless driving in Virginia?

A: A reckless driving conviction can result in up to 12 months in jail. While not every conviction leads to incarceration, judges have the authority to impose it, particularly in severe cases, those involving accidents, or where there’s a history of similar offenses.

Q4: Will a reckless driving conviction affect my insurance rates?

A: Yes, almost certainly. Insurance companies view reckless driving as a serious moving violation and a significant risk factor. You can expect a substantial increase in your premiums, which can last for several years after a conviction, costing you thousands of dollars.

Q5: Can I get my license suspended for reckless driving in Virginia?

A: Yes, a court can suspend your driver’s license for up to 6 months upon a reckless driving conviction. Additionally, the Virginia DMV will assess 6 demerit points against your driving record, which can lead to further administrative action if you accumulate too many points.

Q6: What is the difference between general reckless driving and reckless driving by speed?

A: General reckless driving (Va. Code § 46.2-852) refers to operating a vehicle in a way that endangers life, limb, or property, without necessarily involving high speed (e.g., aggressive driving, racing). Reckless driving by speed (Va. Code § 46.2-862) specifically addresses situations where your speed itself constitutes reckless conduct (over 80 MPH or 20 MPH over the limit).

Q7: Can a reckless driving charge be reduced to a lesser offense like improper driving?

A: Often, yes. Reducing the charge to improper driving (Va. Code § 46.2-869) is a common goal in negotiations. Improper driving is a traffic infraction, not a criminal offense, carries only 3 demerit points, and has a lower maximum fine. A seasoned attorney can negotiate with the prosecutor to achieve this outcome, especially if there are mitigating factors or weaknesses in the prosecution’s case.

Q8: Do I need a lawyer for a Virginia reckless driving charge?

A: While not legally required, it is highly advisable to retain an experienced Virginia reckless driving attorney. Given the criminal nature of the charge and its severe potential consequences (jail, criminal record, license suspension), a lawyer can navigate the legal system, build a defense, negotiate with the prosecution, and represent your best interests, significantly increasing your chances of a favorable outcome.

Q9: What evidence can be used against me in a reckless driving case?

A: Evidence can include the ticketing officer’s testimony, radar or lidar readings, dashcam or bodycam footage, witness statements, and accident reports if an accident occurred. Your attorney will meticulously examine all evidence presented by the prosecution.

Q10: What if I am an out-of-state driver charged with reckless driving in Virginia?

A: The process is largely the same. Virginia courts have jurisdiction over offenses committed within the state. A conviction will be reported to your home state’s DMV under interstate compacts, potentially affecting your out-of-state driving record and license. An attorney can often appear for you so you don’t have to return to Virginia.

Q11: Can I get a jury trial for reckless driving in Virginia?

A: In Virginia’s General District Court, trials are typically conducted by a judge without a jury. However, if you appeal your conviction to the Circuit Court, you have the right to a jury trial there.

Q12: What proactive steps can I take before my court date?

A: Beyond consulting an attorney, proactive steps can include completing a Virginia DMV-approved driving improvement clinic, performing community service, and obtaining a speedometer calibration certificate if you believe your speedometer was inaccurate. These actions demonstrate responsibility and can be viewed favorably by the court.

Q13: How long does a reckless driving charge stay on my record in Virginia?

A: A reckless driving conviction is a criminal misdemeanor, meaning it will appear on your criminal record permanently unless expunged (which is very difficult for a conviction). Demerit points associated with the conviction remain on your driving record for 11 years.

Q14: Does reckless driving affect my employment?

A: Yes, a criminal conviction for reckless driving can affect employment, particularly if your job involves driving, requires a security clearance, or if employers conduct criminal background checks. Many employers may be hesitant to hire or promote individuals with a criminal record.

Q15: What is the most important piece of advice you can give someone charged with reckless driving?

A: Do not underestimate the severity of the charge, and do not try to handle it alone. The single most important step you can take is to immediately consult with a seasoned Virginia reckless driving attorney. Their knowledge of the law, court procedures, and local practices is invaluable in protecting your rights and achieving the best possible outcome.

Facing a reckless driving charge in Virginia is a serious matter, but it is not a battle you have to fight alone. Law Offices Of SRIS, P.C. stands ready to provide the experienced and authoritative legal representation you need.

If you or someone you know has been charged with reckless driving in Virginia, do not delay. Your driving privileges, your criminal record, and your future could be at stake. Contact Law Offices Of SRIS, P.C. today for a confidential case review and to discuss your defense strategy. Call 888-437-7747 now.

Disclaimer: This article provides general information about Virginia reckless driving laws and is not legal advice. The information is for educational purposes only and should not be relied upon as a substitute for professional legal counsel. Laws are subject to change, and specific circumstances can significantly alter the applicability of legal principles. Always consult with a qualified attorney regarding your individual legal situation. Using this information does not create an attorney-client relationship with Law Offices Of SRIS, P.C.