Fairfax reckless driving lawyers

If you’re facing a charge for reckless driving in Fairfax, you owe it to yourself to speak with an experienced lawyer. An attorney from Select Law Partners PLLC can protect your rights and work toward achieving your case’s optimal outcome. When you hire Select Law Partners, you get a team of attorneys and staff with extensive experience fighting reckless driving charges. Virginia traffic laws are complex, but our Fairfax criminal defense lawyers have the skills to analyze each case and develop a sound strategy that puts you in the best position for success. To learn more and to schedule your consultation, call (855) 541-4867.

What exactly is reckless driving?

There are two types of reckless driving under Virginia: Reckless “By Speed” and Reckless “General.” Both types of reckless driving are Class 1 Misdemeanors, meaning the sentencing range is up to 12 months in jail and/or a $2,500 fine.

Reckless driving – Speed Someone who drives at a speed of 20 mph or more over the posted speed limit or over 85 mph regardless of the posted speed limit is guilty of reckless driving by speed.

Reckless driving – General If someone drives recklessly or in a manner that will endanger the life, limb, or property of any person, regardless of the speed at which someone is driving, they are guilty of reckless driving. § 46.2-852

This means that you can be convicted of reckless driving if you drove in a way that disregarded the safety of others, even if you were driving at or under the posted speed limit. For instance, you could be charged with reckless driving if you:

• Fail to yield where required
• Run red lights or stop signs
• Weave in and out of traffic
• Tailgate other vehicles
• Play games like “chicken”
• Use your cell phone while driving

These may seem like harmless behaviors, but they’re all dangerous and can get you in serious trouble with the law.

Charges and penalties for reckless driving

Virginia law further defines specific types of reckless driving, including:

• Reckless driving by speed such as exceeding the speed limit by 20mph or driving over 85mph
• Reckless driving based on failure to maintain control or faulty brakes
• Driving a vehicle that is not under control
• Passing on or at the crest of a grade or on a curve
• Driving with the driver’s view obstructed or control-impaired
• Passing two vehicles abreast
• Driving two vehicles in a single-lane
• Passing at a railroad-grade crossing
• Passing a stopped school bus
• Failing to give proper signals
• Driving too fast for highway and traffic conditions
• Failing to yield the right of way

Class 1 Misdemeanor

Reckless driving is a Class 1 misdemeanor and carries harsh penalties. A person found guilty of reckless driving can be sentenced to up to 12 months in jail and/or a fine of up to $2,500. The possible jail sentence and amount of the fine depend on the severity of the alleged driving or speed, the policies of your jurisdiction, and any prior offenses on your criminal record. Prior convictions for reckless driving will sharply increase the likelihood of a severe sentence.

License suspension

Reckless driving convictions can also result in the suspension of your driver’s license. The length of a driver’s license suspension will depend on the severity of the alleged driving or speed, the policies of your jurisdiction, and any prior offenses on your criminal record.

Possible defenses to reckless driving

If the charge of reckless driving is based on speed, the following defenses may be available.

Radar/Lidar calibrations

Perhaps the law enforcement officer’s speed-detecting device had not been properly calibrated the day it supposedly caught you speeding.

Speedometer calibration

Some judges will consider reducing or dismissing reckless driving by speed if evidence can be introduced that your vehicle’s speedometer was not accurate on the date of the alleged speeding. Evidence of a repaired speedometer showing that you thought you were going under or closer to the speed limit can make a difference to some judges.

Necessity

Sometimes circumstances exist that warrant some excess speed such as driving a family member to a hospital. Courts may consider reducing or dismissing a reckless driving charge if they agree that the excess speed was reasonable and necessary under the circumstances. If the charge of reckless driving is based on an accident, the case may bend on an officer’s accident reconstruction or the witness testimony of other drivers and your testimony. Officers may charge you with reckless driving even if you know that another driver was at fault.

Faulty accident reconstruction

An attorney can question an officer about the investigation that they did at the scene of an accident and highlight flaws in the officer’s actions that may have led the officer to make a mistake about the fault.

Other driver’s testimony

An attorney can cross-examine an adverse driver pointing the finger at you for fault in a car accident. Some drivers are motivated through fear or financially to fudge the facts of a collision and your attorney may be able to point out their inconsistencies or reasons to lie.

Camera footage

Some intersections and locations alongside roads have cameras that may have captured the collision. Your attorney may be able to acquire the footage if they know the location and the owner of the camera. Video may be the difference between a conviction or an acquittal.

Why you should hire a lawyer for your case

Not only is legal representation a constitutional guarantee, it’s a smart decision when you’re facing a reckless driving charge. With an experienced criminal defense lawyer in your corner, you may have a better chance of achieving a favorable outcome. When you begin working with one of our Fairfax criminal defense attorneys, they will help you understand the possible consequences of your charge, review the evidence against you, and determine if there are any weaknesses in the prosecution’s case and if there are any legal defenses available to you, and then advise you on the best course of action for your particular case. Your attorney can explain the possible risks and rewards of a plea bargain offered by the prosecution when weighed against potential outcomes at trial so that you can make an informed decision about how you want to proceed.

Contact our experienced criminal defense lawyers today to help you with your reckless driving case.

Select Law Partners PLLC has experienced attorneys ready to assist you with your reckless driving charge. We understand that being charged with any offense can be a stressful and overwhelming experience, and we strive to ease your burden with personalized, compassionate legal service. We understand that no two cases are the same, so we’ll work with you to build a defense strategy tailored to your individual needs. Call us today at (855) 541-4867 to get started on your case.