Fairfax Reckless Driving Advocate | Reckless Driving Ticket Defense (46.2-862) (2023)

Let's fight your criminal reckless driving in court. As a reckless driving attorney in Fairfax, I have represented clients in Virginia courts. Call me to discuss your case.

Read penalties for reckless driving below

How serious is a reckless driving charge in Fairfax, Virginia?

In Virginia (specifically Fairfax County Va), reckless driving is a Class 1 misdemeanor.

The Code of Fairfax Va has listed fourteen sections of code that make reckless driving a traffic violation.

The most common fee isReckless driving through speed, pursuant to Va. Code § 46.2-862.

You can be chargedReckless driving through speedif your speed is 20 mph or more above the posted speed limit or if your speed is 80 mph or more, regardless of the posted speed limit.

The second most common reckless driving charge is belowVA Legal Department (46.2-852)Danger to life, limb or property regardless of speed.

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

Although a reckless fare is something that should be taken very seriouslyClass 1 misdemeanor, it is one of the most common traffic crimes indicted in Fairfax County, Virginia.

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

As a criminal complaint, you must appear in court with a judge and the officer for a hearing.

Hiring an experienced Fairfax reckless driving attorney can help you limit a fine, jail time, or suspension of driver's license altogether.

You must hire an experienced Fairfax reckless driving attorney to take your case to court and challenge the evidence presented by the police officer.

List of the different types of reckless driving tickets defended by our Fairfax reckless driving attorney

Reckless Driving Defense Fees*499 $

What should you do immediately after receiving your Fairfax Reckless Driving Charge? Explained by our Fairfax County reckless driving attorney

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

It is important that you check your ticket carefully and know if you have been charged with reckless driving based on speed or another type of reckless driving.

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

Once you've received your speeding ticket, make sure you know what the speed is on the ticket and how the bureau measured your speed.

Reckless driving in Fairfax County is not a premeditated crime and therefore your intent does not matter whether you are found guilty or not guilty.

However, there are several defensive and mitigating factors you can use to defend yourself against this charge.

These factors affect what arguments you present in court.

Can you be charged with reckless driving at 81 mph in a 70 mph zone in Fairfax County?

Our Fairfax County reckless driving attorney is clear: Many people assume that the only way you can get a reckless driving ticket is if you drive 20 mph or more over the speed limit.

This is a misunderstanding.

Legally, a law enforcement officer or the police can charge you if you exceed 130 km/h, regardless of the speed limit.

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

What happens at your court date?

AClass 1 misdemeanorshall be punishable by up to 12 months imprisonment and/or a fine of up to US$2,500.

Your first court appearance will be noted on your ticket and will likely take place a few weeks after the traffic stop.

This court appearance is not considered your trial date, but is actually called the filing of charges.

When the indictment is brought, the judge will set your hearing date and inform you of your rights.

Your hearing will take place in the General District Court where you received your ticket, not at your primary residence.

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

Contact your Fairfax reckless driving attorney before filing your complaint. 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 evaluate the prosecutor's ability to prove that you were either driving over 80 mph or more than 20 mph over the speed limit.

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

Any interactions between the officer and you, previous convictions, and your driving record can influence the judge's decision in your case.

A common defense when you're charged with reckless driving for speeding is to show that there was a mistake that resulted in an inaccurate reading of your speed at the time.

What factors willA judge considering endangering life, limb or property during your reckless driving trial in Fairfax County?

You may be charged with reckless driving if a police officer believes your driving is endangering property or life, regardless of speed.

This type of reckless driving charge is not as clear cut as reckless driving at speed as it is at the discretion of the officer.

You may have the option to reduce the reckless driving fee to a improper driving fee.

The penalties for an improper driving charge are significantly less because it is a non-criminal charge. Instead of six points on your driver's license, a possible jail time, and a license suspension, the penalties are a fine of up to $500 and just three points on your driver's license.

Similar to reckless driving for speeding, a judge will consider the officer's testimony, any previous criminal charges, and your driving record to make their decision.

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

An experienced Fairfax reckless driving attorney can advise you prior to your trial date as to whether this is a possible outcome for your prosecution.

Don't risk losing your driver's license, contact our Fairfax reckless driving attorney to discuss your case at 703-786-8340.

Why worry about points on your driver's license after a reckless driving charge in Fairfax County?

In Virginia, you get demerit points on your driver's license if you're convicted of any type of traffic violation. After getting a certain number of demerit points, the DMV will suspend your license.

Regaining your driver's license after a suspension not only takes time but also money.

AThe judge has no discretion as to the number of points to add to your license; However, a judge may decide to suspend your driver's license if this is your third or more reckless driving charge.

The highest number of demerit points you can get for a single offense is six points, including speeding tickets of 20 miles per hour or more, reckless driving, DUI, and driving with a suspended driver's license.

Points are important because they can affect a judge's leniency in deciding your penalties for a future infraction.

What are the ramifications of a reckless driving conviction other than the penalties?

Many people are unaware of the collateral consequences of a reckless driving conviction.

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

Prior to a conviction, a criminal complaint can be removed if you are not convicted of reckless driving.

Because a reckless driving conviction is recorded on your permanent criminal record, an employer can identify that conviction through a background check.

In addition to jobs, higher education may ask about crimes on your record.

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

It is important that you hire an experienced Fairfax reckless driving attorney to represent you.

List of penalties for criminal offenses

Does it matter if you're a foreign driver if you face reckless driving charges in Fairfax County?

If you are a foreign driver's license holder for school or a job here, this may apply to you.

If you are charged with reckless driving, you must appear in court in the county or city where you received your reckless driving fine.

It is necessary that you show up by the day you are subpoenaed to avoid additional charges along with your reckless driving fee.

As an out-of-state driver, a reckless driving conviction can affect your driver's license and driving records more than the penalties above.

Each state has different scoring systems and assigns penalties for reckless driving differently.