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Speeding Ticket Defense Lawyer in Fairfax

Virginia is considered to be one of the toughest states on motorists assessed with speeding tickets. If you plead guilty, or are convicted, of a speeding offense in Fairfax, the potential penalties can be quite harsh. You could be confronted with a loss of your driving privileges, hefty fines, a spike in your auto insurance premiums, and demerit points on your driving record. Speed limits are put in place for the safety of drivers everywhere. When a driver exceeds the speed limit, an officer will usually pull them over and issue a ticket to protect the safety of both the driver and others on the road. Driving over the speed limit in Virginia can have more serious consequences depending on how fast the driver is going. A common belief is that drivers have a cushion of about five to ten miles per hour over the speed limit before a police officer will pull them over, but an officer can legally pull over a driver who is exceeding the speed limit by as little as 1 mph.

Speeding and Reckless Driving

Some people are surprised to learn that they could be charged with reckless driving purely based on the speed in which they were traveling. They could be on a highway in the middle of the night operating their vehicle without any issues and with no other vehicle in sight, yet because they were traveling at a certain speed, they could be charged with driving recklessly. According to Virginia Code § 46.2-862, a person can be found guilty of reckless driving if they were identified traveling 20 miles per hour in excess of the posted speed limit. If that was not bad enough, a motorist can be charged with reckless driving if they were traveling over 80 miles per hour, regardless of the posted speed limit. You read that correctly. The speed limit could be 70 miles per hour, but if you were identified as traveling 81 miles per hour in a 70 mile per hour zone, you could be looking at a reckless driving charge.

Penalties Associated with a Conviction for Speeding in Fairfax

The penalties for speeding depend on the speed in which you were traveling at the time you were identified by police and how far over you were relative to the posted speed limit. For any speeding not considered reckless driving, the penalty is often a speeding ticket with an associated fine and demerit points on your driving record.
  • If you were speeding 1 to 9 miles per hour over the posted speed limit, the offense usually results in 3 points on your record, and the offense will remain on the record for 5 years.
  • If you speed 10 to 19 miles per hour over the posted speed limit, you will receive 4 demerit points on your record, and the offense will remain on the record for 5 years. Your license may be suspended by the Division of Motor Vehicles if you receive 12 demerit points within 12 months or 18 demerit points within 24 months.
  • As mentioned earlier, reckless driving (speeding 20 miles per hour over the speed limit or driving over 80 miles per hour) has more serious penalties. Reckless driving is considered a class 1 criminal misdemeanor and can result in a maximum of 12 months in jail, a maximum 6 months suspension of your driver’s license, up to a $2,500 fine, and 6 demerit points on your driving record. Reckless driving is much more than a simple speeding ticket, and that is why you are not able to prepay the ticket. A conviction of reckless driving means you will be convicted of a class 1 criminal misdemeanor and could be ordered to serve time in jail depending on the speed and other facts of your case.

Overview of Virginia’s DMV Point System

If you, or a family member, was charged with speeding or another general traffic infraction in Virginia, it is important that you understand the penalties of the offense before you decide to prepay the charge. Once you prepay the charge, in essence, you have pled guilty to the charge; and depending on the charge, your driving record will be assigned demerit points, which could ultimately affect your insurance rates, license and employment. The Virginia Division of Motor Vehicles posts the conviction to your driving record and assigns demerit points, depending on the severity of the charge. It is very important you understand the point system and how it relates to your charge. Below is a summary of the most common violations and the points. For a more thorough review, you may visit the DMV website.

6-Point Violations

  • Reckless Driving
  • Driving While Intoxicated
  • Refusing Blood/Breath Test
  • Driving on Suspended Licenses
  • Driving While Your License is Suspended or Revoked
  • Driving Commercial Vehicle While Disqualified
  • Speeding 20 mph or more above the posted speed limit
  • Attempting to Elude Police

4-Point Violations

  • Speeding 10-19 mph above the posted speed limit
  • Following Too Closely
  • Improper Signal
  • Passing When Unsafe
  • Failure to Stop at Scene of Crash
  • Failure to Obey Traffic Signal
  • Failure to Obey Lane Markings
  • Aggressive Driving
  • Disregarding police officer’s signal to stop
  • Improper backing, stopping or turning

3-Point Violations

  • Speeding 1-9 mph above the posted speed limit
  • Impeding traffic, slow speed
  • Improper passing
  • Improper Driving
  • Improper Stopping on highway
  • Failure to Obey Highway Sign
  • Driving without lights/excessive lights
  • No Virginia Driver’s License
  • Failure to Obtain a Driver’s License
  • Learner’s permit violation
  • Driving while using earphones
  • Driving with TV screen visible to driver
  • Drinking while driving

You Owe It to Yourself to Fight the Speeding Ticket

If you are charged with speeding or reckless driving, you might wish to fight your ticket or charge. Many drivers find it easier to simply pay their speeding ticket if the offense is not considered reckless driving. However, attending court with a strong legal defense to fight the ticket could result in your fine and/or demerit points being reduced or even dismissed. Reckless driving is a much more serious offense, and it’s important to fight this charge, rather than pleading guilty to the criminal misdemeanor. Preparing a strong legal defense could result in the charge being dismissed or reduced to prevent your license from being suspended.

Now Is the Time for Action – Contact the Dua Law Firm

If you, or a family member, was charged with speeding or reckless driving in Fairfax and are in need of experienced and effective legal representation, take action by contacting the Dua Law Firm. You owe it to yourself to have the very best legal defense possible. The lawyers with the Dua Law Firm are respected and seasoned. They know the Virginia court system and Virginia traffic laws. They will pour over every detail of your case and organize the strongest defense they can. We are dedicated to protecting your legal rights and working to give you the most desirable outcome in court. Contact Fairfax speeding ticket defense lawyer Raj Dua at (703) 382-7300 or email [email protected] for a free, confidential consultation.

Call Raj Dua at (703) 382-7300 or email [email protected] for a free consultation.

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See what our clients have to say

I have never needed a lawyer before and did not know what to expect. Raj was able to answer all of my questions and explain to me what to expect and how he intended to help. He responded to e-mails promptly and was efficient and friendly throughout our interactions. He kept me up to speed with everything and was able to effectively execute his plan. I would definitely recommend him to anyone requiring representation and would work with him again if it was required.
Raj did a phenomenal job with my reckless driving case... After doing my research, reading all the reviews, talking to couple of other lawyers, I decided to go with Raj. and I am so so so thankful I did. Not only he is professional and knows what he is doing, he is a very kind human being which I did not sense when talking to other lawyers. He works his best to get you the best outcome. He constantly assures you and calms you that it will be okay and keeps you posted throughout the process. Not to mention he is reasonably affordable compared to other lawyers who has half the experience Raj has, and he is reachable by cellphone, he also returns calls and emails in a swift manner, so you don't have to talk to assistants and secretaries. Communication with him was very easy.
Raj is a fantastic lawyer with excellent customer service skills (a rare mix for lawyers in my experience). He was very knowledgeable, personable, efficient, and professional. I was very at ease with my decision to retain his services. Throughout my time working with him, he was always courteous and was very efficient with his and my time. In the end, Raj achieved the result I wanted despite very difficult odds. I strongly recommend Raj’s services!