FAIRFAX RECKLESS DRIVING LAWYER (46.2-862)

Let us fight your criminal reckless driving in court. As a Fairfax reckless driving lawyer, I’ve defended clients in Virginia courts. Call me to discuss your case.

read below penalties of reckless driving 

How Serious Is a Reckless Driving Charge in Fairfax Virginia?

In Virginia (specifically Fairfax County Va) reckless driving is a criminal class 1 misdemeanor.
The Code of Fairfax Va has enumerated fourteen code sections that make a traffic violation of reckless driving.

The most common charge is Reckless Driving by Speed, under Va. Code § 46.2-862.

You may be charged with Reckless Driving by Speed if your speed is 20 mph or more over the posted speed limit or if your speed is 80 mph or greater regardless of the posted speed limit.

The next most common reckless driving charge is under VA Law Section (46.2-852) endangering life, limb, or property regardless of the speed.

Class 1 misdemeanors are the highest classification of all misdemeanors and are punishable by up to one year in jail, a $2500 fine, and up to six months driver’s license suspension.

Although a reckless driving charge is something that should be taken very seriously as a Class 1 misdemeanor, it is one of the most common traffic crimes charged in Fairfax County, Virginia.

Examples of other Class 1 misdemeanors include assault, DWI, and shoplifting.

As a criminal charge, it will require you to appear in court with a judge and the officer for a trial.

Hiring an experienced Fairfax reckless driving lawyer can help you limit any fines, jail time, or license suspension altogether.

You must hire an experienced Fairfax reckless driving lawyer to fight your case in court and challenge the evidence provided by the police officer.

List of The Different Types of Reckless Driving Tickets Defended by Our Fairfax Reckless Driving Lawyer

Reckless Driving Defense Fees From *$499

What Should You Do Directly After Getting Your Fairfax Reckless Driving Charge? Explained By Our Fairfax County Reckless Driving Attorney

First and foremost, you should understand the reasons why you received the reckless driving ticket.

It is important to carefully examine your ticket and know whether you were charged with reckless driving by speed or another type of reckless driving.

You can find this information in the code section listed on your ticket.

If you received your ticket for speeding, then make sure what is the speed written on the ticket and how the office clocked your speed.

Reckless Driving in Fairfax County is not an intentional crime and thus your intention will not make any difference to find you guilty or not guilty.

However, there are multiple defenses and mitigating factors that you can use in order to defend yourself on this charge.

These factors will affect which arguments you make in court.

Can You Be Charged With Reckless Driving 81 mph in A 70 mph Zone in Fairfax County?

Our Fairfax County reckless driving lawyer clarifies: Many people assume that you may only be charged with a reckless driving ticket if you are going 20 mph or greater over the speed limit.

This is a misconception.

Legally, a law enforcement officer or police may charge you for going over 80 mph regardless of the speed limit.

In Virginia, going 80 mph is considered reckless driving. This is listed in the Code of Virginia § 46.2-862.

What Happens At Your Court Date?

A Class 1 misdemeanor is punishable for up to twelve months in jail and/or a fine of up to $2,500.

Your first court appearance in court will be written on your ticket and likely will occur a few weeks after the traffic stop.

This appearance in court is not considered your trial date but is actually known as an arraignment.

At the arraignment, the judge will determine your trial date and inform you of your rights.

Your trial will occur in the General District Court where you received your ticket, not your primary residence.

At the trial, you will either plead guilty, not guilty, or no contest.

Consult with your Fairfax reckless driving lawyer prior to entering your plea, call us at 703-786-8340.

What Factors Will A Judge Consider During Your Reckless Driving Trial For Speeding?

During your trial, a judge will assess the prosecutor’s ability to prove that you either were driving above 80 mph or more than 20 mph above the speed limit.

List of Criminal Misdemeanor Penalties

Misdemeanor Class	Penalties	Jail Time
Class 1	Up to $2,500	Up to 1 year
Class 2	Up to $1,000	Up to 6 months
Class 3	Up to $500	–
Class 4	Up to $250	–

It is the prosecutor’s burden to prove the elements of this charge to the judge.

All interactions between the officer and you, prior convictions, and your driving record may impact the judge’s decision on your case.

A common defense, when charged with reckless driving for speeding, is to prove that there was a mistake that led to an inaccurate reading of your speed at the time.

What Factors Will A Judge Consider During Your Reckless Driving In Fairfax County Trial For Endangering Life, Limb, Or Property? 

You can be charged with reckless driving if a law enforcement officer views your driving as endangering property or life, regardless of speed.

This type of reckless driving charge is not as clear-cut as reckless driving by speed since it is up to the discretion of the officer.

You might have the opportunity to reduce the reckless driving charge to an improper driving charge.

The penalties for an improper driving charge are significantly less severe since it is a noncriminal charge. Instead of six points on your license, possible jail time, and license suspension, the penalties are a fine up to $500 and only three points on your license.

Similar to reckless driving for speeding charges, a judge will take the officer’s testimony into consideration, any previous criminal charges, and your driving record to make his decision.

Improper driving may be possible if this is your first traffic criminal offense.

An experienced Fairfax reckless driving attorney will be able to advise you if this is a possible outcome for your charge prior to your trial date.

Do not risk losing your driver’s license, contact our Fairfax reckless driving lawyer to discuss your case at 703-786-8340.

Why Should You Worry About Points On Your License After a Reckless Driving Charge in Fairfax County?

In Virginia, you receive demerit points toward your license if you are convicted of any type of traffic violation. After you receive a certain number of demerit points the DMV will suspend your license.

Reinstating your license after a suspension not only takes time but can also cost you money.

A judge has no discretion on the number of points that are added to your license; however, a judge may decide to suspend your license if this is your third or more reckless driving charge.

The highest amount of demerit points you may receive from a single offense is six points, which includes 20 mph or more speeding tickets, reckless driving, DUI, and driving on a suspended license.

Points are important because they may influence a judge’s leniency when deciding on your penalties for a future infraction.

What Are The Effects of a Reckless Driving Conviction Other Than The Penalties?

Many people are not aware of the collateral consequences of receiving a reckless driving conviction.

As a criminal charge, this goes on your permanent record and cannot be expunged in the Commonwealth of Virginia.

Prior to a conviction, a criminal charge may be expunged if you are not convicted of a reckless driving charge.

Since a reckless driving conviction will be on your permanent criminal driving record an employer may be aware of this conviction through a background check.

As well as jobs, higher education may inquire about any criminal offenses on your record.

Other implications include your ability to qualify for certain government benefits and increasing the cost of your insurance.

It is essential that you hire an experienced Fairfax reckless driving lawyer to represent you.

List of Criminal Misdemeanor Penalties

Misdemeanor Class	Penalties	Jail Time
Class 1	Up to $2,500	Up to 1 year
Class 2	Up to $1,000	Up to 6 months
Class 3	Up to $500	–
Class 4	Up to $250	–

Does It Matter If You Are An Out-of-State Driver When Charged With A Reckless Driving Charge In Fairfax County?

If you are an out-of-state driver license holder here for school or a job this may apply to you.

Being charged with a reckless driving charge requires you to appear in court in the county or city you received your reckless driving charge.

It is necessary that you go up to the day that you are summoned to avoid additional charges along with your reckless driving charge.

As an out-of-state driver, a conviction of reckless driving may impact your license and driving record than the above-mentioned penalties.

Every state has different point systems and assigns penalties for reckless driving differently.