Fairfax County, VA Reckless Driving Lawyer
Reckless driving and related charges such as negligent driving, aggressive driving, fleeing and eluding police and driving under the influence of alcohol or drugs are treated as serious offenses in Fairfax County, and result in a misdemeanor along with fines or even jail time in case of conviction. In order to protect your reputation, freedom and driving privileges, your best course of action is to hire an experienced Fairfax County reckless driving lawyer: Dua Law Firm. We will use every available resource to build a strong case and improve your chances of receiving a favorable outcome in your upcoming court date.
What is Reckless Driving in Fairfax County, VA?
Reckless driving is not just a speeding ticket. It is a criminal offense, specifically a class 1 misdemeanor in the same criminal classification as a DUI/DWI/DWI charge. A conviction or guilty plea can impact insurance premiums, your job, security clearances, and other sensitive matters affecting government contractors, military and law enforcement personnel, and a wide variety of professions. The penalty parameters for Reckless driving include:
- Up to one year in jail;
- A suspension of your driving privileges; and/or
- Up to $2,500 in fines.
Are there points associated with Reckless driving?
Yes. If you are convicted or plead guilty to Reckless driving, then you will be assessed six (6) demerit points by the Virginia Department of Motor Vehicles, and the conviction will stay on yoru driving record for eleven (11) years.
Do I need a Lawyer for a Reckless Driving Ticket?
Every case is different. In some cases, a lawyer is strongly recommended, in others, probably not. That is why we offer a free consultation to help you decide whether you need a lawyer.
Other types of reckless driving in Virginia are:
- 46.2-853 – Driving vehicle which is not under control; faulty brakes.
- 46.2-854 – Passing on or at the crest of a grade or on a curve.
- 46.2-855 – Driving with driver’s view obstructed or control impaired.
- 46.2-856 – Passing two vehicles abreast.
- 46.2-857 – Driving two abreast in a single lane.
- 46.2-858 – Passing at a railroad grade crossing.
- 46.2-859 – Passing a stop school bus; prima facie evidence.
- 46.2-860 – Failing to give proper signals.
- 46.2-861 – Driving too fast for highway and traffic conditions.
- 46.2-863 – Failure to yield right-of-way.
- 46.2-864 –Reckless driving on parking lots, etc.
- 46.2-865 – Racing
- 46.2-865.1 – Injuring another or causing the death of another while engaging in a race.
- 46.2-866 – Racing; aiders or abettors.
- 46.2-867 – Racing; seizure of motor vehicle.
- 46.2-868.1 – Aggressive driving.
10 FAQs Regarding Reckless Driving
1. Can I just pay the Reckless driving ticket?
Short answer: No.
2. Will I lose my driver’s license if I get convicted of Reckless driving?
It depends. It depends on the speed you were charged, your driving behavior, your driving history record and a number of other factors.
3. Will I go to jail for Reckless driving in Virginia?
Short answer: In most counties, if you are speeding above 90 mph, you are at risk of a jail sentence. But each case is different and that is why we recommend you contact a lawyer. An experienced traffic defense lawyer, who handles hundreds of cases a year, will most likely provide a free consultation and give you an accurate assessment of your case.
4. Can I reduce my Reckless driving charge by taking a driver improvement class?
In some cases, it would be helpful to take a driver improvement course. It can convince a prosecutor and/or judge that you are willing to be accountable for your actions, and drive more safely in the future. Taking a course will reduce the number of points on your record by offsetting them with positive points. We can help you decide if this worth your time and money.
5. What are the chances of dismissing the Reckless charge?
It depends on a number of factors and defenses. You are welcome to call so that we can assess your case.
6. What are the chances of a reduction to a non-criminal offense?
Again, it depends on the facts of your case, but it can be done with the appropriate facts. Call us to for a free evaluation of your case and the likelihood of a reduction of your Reckless charge to just an infraction.
7. In traffic cases, do the Judges in Virginia decide the points?
No. If you are convicted of Reckless driving the Virginia Department of Motor Vehicles will deduct six (6) points off of your record. The traffic court Judges do not deal with the points, only the charges.
8. I am an out-of-state resident, do I need to be present in court?
We represent many clients who are just passing through northern Virginia and are cited for Reckless or Speeding violations, and we have successfully represented them without their presence in court. Typically, we can motion the court to excuse your appearance or have you complete a Power of Attorney form.
9. What are the most common types of Reckless driving charges?
The most common forms of reckless driving in Virginia are speeding 20+ over the speed limit and endangering others. The law is as follows: 46.2-862. A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit. 46.2-852. Reckless driving; general rule – Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
10. Would a Reckless driving conviction affect my immigration status?
It depends. So, it is imperative to speak to an attorney to assess your status and the potential consequences.
How We Can Help
If you’ve been charged with Reckless driving, driving under the influence or a related crime in Fairfax County, you owe it to yourself to hire the best legal defense available. As qualified, experienced Fairfax County reckless driving lawyer, we will look at the specific details of your case in order to build a strong defense, giving you the best possible chance of receiving a favorable outcome in court — one that ideally involves the lowering or even total dismissal of your charges.