FAIRFAX TRAFFIC LAWYER (18.2-266)

If you have been charged with a traffic ticket in Fairfax County, Virginia. We can help, as a Fairfax County traffic lawyer I can fight your traffic violation in court and defend your legal rights.

read below how we fight traffic tickets and panalties in fairfax county virginia

Reckless Driving in Fairfax County Virginia

Reckless driving in Virginia is defined in law section §46.2-852 as driving that can endanger the life, limb, or property of another. 

To prove the danger to life, limb, or property, the police will gather witness testimony and assess damage to cars and property. 

Witness testimony of erratic driving can be enough to establish that a driver was driving recklessly. 

Additionally, police can examine patterns of damage to determine recklessness. 

Lastly, charges can be pressed on an injured person for reckless driving, even if they are the only person affected.

In Virginia, reckless driving can be established in several ways besides showing danger to life, limb, or property.

Driving 20 mph above the speed limit automatically opens the driver to a reckless driving charge. 

Additionally, driving at an unreasonable speed can be considered reckless driving. 

Police have discretion on whether to charge a driver with reckless driving or a lesser speeding ticket. 

Here, having a previous history of speeding and other offenses will influence the officer’s decision.

Driving faster than 85 mph anywhere in Virginia is reckless driving. 

It does not matter what the speed limit was where you were driving. 

Failure to yield the right of way when entering a highway is also considered reckless driving in Virginia. 

Driving on any highway with faulty brakes or without proper control of the car is also considered reckless driving. 

There are other ways Virginia can charge you with reckless driving as well that range from driving with an obstructed view to driving next to a car in the same lane. 

Passing a school bus with its stop sign out is reckless driving. 

Failure to properly signal while driving is also reckless driving in Virginia.

There are many ways to be charged with reckless driving in Virginia. 

Because there are more commuters and drivers in Northern Virginia, there are more driving offenses issued in Northern Virginia areas like Fairfax. 

If you are charged with reckless driving, seek an experienced Fairfax Reckless Driving Lawyer

Fairfax County DUI/DWI

In Virginia, what is often called a DUI is called a DWI.  For ease, this section will refer to the offense as a DUI.  DUI offenses are considered misdemeanors until the third offense. 

The biggest difference between a felony DUI and a misdemeanor DUI is jail time. 

As shown above, in the table, jail time jumps from 1 year for misdemeanor DUI to 5 years for felony DUI.  

Penalties can also vary based on how high your BAC is at the time of the arrest.  If your BAC is between .15% and .20%, a first offense will result in a mandatory 5 days in jail on top of other penalties. 

The same BAC for a second offense in 10 years will mean 10 days in jail on top of other penalties.

ABAC greater than 0.20% at the time of arrest will result in 10 days minimum jail time for a first offense and at least 20 days in jail for a second offense in 10 years.

For people under the age of 21, the BAC may not be higher than .02%. 

A DUI for those under 21 is still a class 1 misdemeanor but carries an automatic license suspension of 1 year, and a minimum fine of $500 or 50 hours of community service.

Driving Without a License

In Virginia, §46.2-300 makes it a class 2 misdemeanor to drive without a license. After being convicted under §46.2-300, your driving privileges will be suspended for up to 90 days.

Under the same section of the law, it is a class 1 misdemeanor to repeat the offense and continue to drive without a license.  

• 46.2-301 makes it a class 1 misdemeanor to operate a motor vehicle while your license is suspended or while your privilege to drive is revoked by the court. §46.2-301 also allows the commonwealth to impound your vehicle for driving while your privilege to drive has been revoked.
• If you are driving a car that is not your own when stopped, such as your brother’s car or a friend’s car, the commonwealth cannot impound it.  Any impoundment fees and costs will have to be paid by the offender.

If Virginia is prosecuting you for driving without a valid license because your license was suspended, you can counter the charge by showing that you were never given notice that your license was ever suspended.

Why You Need a Fairfax Traffic Lawyer?

Traffic violations can add up quickly and become very expensive. 

Additionally, too many can cost you your license. 

In an area where driving is essential, you do not want to lose your driving privileges because of a traffic violation you did not fight. 

Get the Fairfax traffic lawyers at American Lawyers Group to help you fight these traffic charges.