Virginia Reckless Driving Lawyer in FairfaxVirginia is considered to be one of the strictest states when it comes to motorists charged with reckless driving. If convicted, you could be ordered to pay hefty fines, have your driver’s license suspended, and you may even be forced to spend time in jail. This is why if you, or a loved one, is ticketed for reckless driving in Northern Virginia, you need to take action and immediately contact an experienced and skilled Fairfax reckless driving defense attorney who has taken these types of cases to court and effectively advocated for their clients.
What is Considered “Reckless Driving” in Fairfax?Even though you may have received a ticket for reckless driving, it is not simply a speeding infraction. Reckless driving is a criminal offense, specifically a class 1 misdemeanor in the same criminal classification as a DUI/DWI charge. If you are convicted, or plead guilty, the ramifications can be severe and long-lasting. A conviction can adversely impact your auto insurance premiums, your job, security clearances, and other sensitive matters affecting government contractors, military and law enforcement personnel, and a wide variety of other professions.
Potential Penalties for a Reckless Driving Conviction in FairfaxIf you are convicted of reckless driving – depending on the manner, speed and type of Reckless driving – you could face the following harsh penalties:
- Being ordered to serve up to one year in jail;
- Suspension of your driving privileges;
- Having to pay up to $2,500 in monetary fines
Are there Points Associated with a Reckless Driving Conviction?Yes. If you are convicted or plead guilty to reckless driving in Fairfax (or elsewhere in Virginia), you will be assessed six (6) demerit points by the Virginia Department of Motor Vehicles. In addition, the conviction will stay on your driving record for eleven (11) years.
Do I Really Need a Defense Lawyer for a Reckless Driving Ticket?Every case is different, so the answer to this question will depend on your unique circumstances. The fact that each case has its own set of fact is why Dua Law Firm offers a free, confidential consultation to help you decide whether you need a lawyer. The decision is completely yours, and we will help you make an informed decision.
Examples of Other types of Reckless Driving in Virginia
Some people are surprised to discover that “reckless driving” is not a singular offense that can be easily distilled into one statutory provision. There are many different traffic infractions and violations that could give rise to a reckless driving charge. Here are some examples:
- § 46.2-852 – RECKLESS DRIVING; GENERAL RULE.
- § 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.
- § 46.2-862 – EXCEEDING SPEED LIMIT
- § 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 FREQUENTLY ASKED QUESTIONS ANSWERED BY A FAIRFAX RECKLESS DRIVING DEFENSE LAWYERWhen someone is ticketed for reckless driving, especially when it is their first offense, a flurry of questions and concerns likely inundate their mind. They may feel overwhelmed and intimidated by the entire legal process. This is perfectly understandable. Below is a set of 10 commonly asked questions related to reckless driving and corresponding answers. Hopefully this will help shed some light on the legal process and help you assess the best path forward for your case.
Short answer: No.
It depends. It depends on the speed you were charged, your driving behavior, your driving history record and a number of other factors.
Short answer: In most countries, 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 that 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.
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 is worth your time and money to take a class.
It depends on a number of factors and defenses, such as, can the officer prove you were traveling at the alleged speed or in the manner accused. You are welcome to call so that we can assess your case.
Again, it depends on the facts of your case, but it can be done – and has been done often – with the appropriate facts. Call us for a free evaluation of your case and the likelihood of a reduction of your Reckless charge to just an infraction.
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.
We represent many clients who are just passing through Northern Virginia and are cited for reckless driving or other speeding violations. The Dua Law Firm has successfully represented out-of-state residents without their presence in court. Typically, we can file a motion with the court to excuse your appearance or have you complete a Power of Attorney form. To learn more about what to do if you are charged with reckless driving and are not a Virginia resident, read this in-depth legal blog.
If you are ticketed for reckless driving on a Fairfax road or highway like Interstate 66, Interstate 95, Fairfax County Parkway, etc., you will likely be charged with one of two common forms of reckless driving: (i) speeding in excess of 20 miles per hour over the posted speed limit and (ii) operating your vehicle in a manner that endangers others. The specific laws are as follows:
VIRGINIA CODE § 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.
VIRGINIA CODE § 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.
Short answer: It depends. There are important nuances when it comes to criminal convictions and immigration law, so it is imperative you take action and contact an experienced reckless driving defense attorney to assess your status and the potential consequences.