Fairfax Reckless Driving Lawyer

Charged With Reckless Driving?

Fairfax Virginia Reckless Driving Lawyer

Reckless Driving in Virginia is a Class 1 Misdemeanor which carries up to 12 months in jail and/or a $2,500 fine. It is codified in the Virginia Code as such: § 46.2-852. Reckless driving; general rule. Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at speed or in a manner as to endanger the life, limb, or property of any person shall be guilty of reckless driving. The other mainly charged Reckless Driving is by Speed. § 46.2-862. Exceeding the speed limit. A person shall be guilty of reckless driving if they drive a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more above the applicable maximum speed or (ii) over eighty miles per hour regardless of the applicable maximum speed. Driving too fast for highway and traffic conditions is a form of reckless driving in Virginia.

Jad Sarsour Fairfax VA Reckless Driving Lawyer

If you found this page, you probably have been charged with reckless driving. Contact us, Our Fairfax reckless driving lawyer, Jad Sarsour. He is happy to talk on the phone or in-person; it only takes a couple of minutes.

  • To schedule or request a free consultation by telephone: Call (571)-348-3578
  • To schedule online: Visit our Contact Page Here
  • Our Location: 10521 Judicial Drive Suite 300 Fairfax, VA 22030

We are able to represent your case in Fairfax County for reckless driving charges in Virginia.

Fairfax County Reckless Driving Defense

Fairfax VA Reckless Driving Lawyer Questions:

  • Will my license be suspended?
  • Is it possible I get charged with something else?
  • Should I take a driving class before my court appearance?
  • What can I do before the court date to help improve my outcome?
  • Can or will I be fined?
  • Can I go to jail?

Plea Bargains

When working with an attorney, you have a greater chance of obtaining a plea bargain. Here are a few examples of how they can help:

  • avoid a criminal conviction on your record;
  • incur far fewer DMV demerit points;
  • avoid jail time
  • keep your driving privileges
  • far greater risk of a $2,500 fine.

Forms of Reckless Driving in Virginia

The most common form of reckless driving is speeding 20+ over the speed limit

46.2-862. A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more over the applicable maximum speed limit or (ii) above eighty miles per hour regardless of the applicable maximum speed limit.

Driving in a manner generally endangering others

46.2-852. Reckless driving; general rule – Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

 Passing a stopped, properly equipped school bus

46.2-859. A person is guilty of reckless driving who fails to stop when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway to take on or discharge children, the elderly, or mentally or physically disabled persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also needs not to stop when approaching a school bus, which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses equipped with warning devices prescribed in 46.2-1090 and painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear. Only school buses painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

Overtaking/passing an emergency vehicle

46.2-829. Upon the approach of any emergency vehicle as defined in 46.2-920 giving an audible signal by siren, exhaust whistle, or air horn designed to give automatically intermittent signals, and displaying a flashing, blinking or alternating emergency light or lights as provided in 46.2-1022 through 1024, the driver of every other vehicle shall, as quickly as traffic and other highway conditions permit, drive to the nearest edge of the roadway, clear of any intersection of highways, and stop and remain there, unless otherwise directed by a law enforcement officer, until the emergency vehicle has passed. This provision shall not relieve the driver of any such vehicle to which the right-of-way is to be yielded of the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.

Violation of this section shall constitute a failure to yield the right-of-way; however, any violation of this section involves overtaking or passing a moving emergency vehicle giving an audible signal and displaying activated warning lights as provided for in this section shall constitute reckless driving, punishable as provided in 46.2-868.

Racing

46.2-865. Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law, the driver’s license of such person shall be suspended by the court for a period of no less than six months. In case of conviction, the court shall order the surrender of the license to the court where it shall be disposed of per the provisions of 46.2-398.

46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.
  • Any person who, while engaging in a race in violation of 46.2-865 in a manner so gross, wanton, and culpable as to show a reckless disregard for human life:
  • Causes serious bodily injury to another person who is not involved in the violation of 46.2-865 is guilty of a Class 6 felony; or
  • Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
  • Upon conviction, the court shall suspend the driver’s license of such person for no less than one year nor more than three years and shall order the surrender of the license to be disposed of according to the provisions of 46.2-398.
Driving too fast for traffic conditions

Driving too fast for highway and traffic conditions is a form of reckless driving in Virginia. The majority of reckless driving cases in Virginia tend to be strictly speed-related, unlike this charge. Sometimes, our Fairfax VA and Northern VA Criminal Law Firm will see this charge following a car accident. But for this specific charge, the prosecution must prove speed was unreasonable at the time of the offense. Howelaw’s breadth allows ways for Virginia criminal lawyers and local Fairfax VA reckless driving attorneys to raise reasonable doubt. Lack of evidence is one way the prosecution’s case might fail (or not be brought – nolle prosequi). If the only witness to the accident was the driver, and he or she makes no admissions to the police, then the case will be difficult for the Commonwealth absent evidence tying the cause of the accident to speed, given conditions at the time of the accident. In poor weather, if an accident occurs, the officer must rely on admissions and statements (and perhaps other evidence) because he/she did not witness the accident or the alleged unreasonable speeding. This puts the prosecution in an automatic hole. It does not mean you will automatically win, but it presents a unique challenge for prosecutors. In cold months when snowfall is more likely, or wet seasons when visibility is decreased (i.e., fog), some unfortunate motorists will find themselves facing this Class 1 misdemeanor. The weather may render the posted speed limit unsafe. In extreme cases such as driving 30 mph below the speed limit, the circumstances concerning the driver’s speed could, in theory, result in a reckless driving charge. Although just a misdemeanor, it may be punishable by up to a year in jail. Realistically, what can one expect? There is no blanket one-size-fits-all answer. A call to a Fairfax Va reckless driving lawyer is the first step that should be taken when getting a reckless driving charge.

46.2-861.

Passing a vehicle at a crest or a grade

46.2-854.

Overloaded vehicle such as to obstruct/interfere with drivers control

46.2-855.

Passing another vehicle at a railroad grade crossing

46.2-858.

Failing to give proper signal

46.2-860.

Failure to yield the right-of-way when merging onto the highway

46.2-863.

Passing two vehicles abreast

46.2-856.

Driving two abreast in a single lane

46.2-857.

Driving over 80 mph

46.2-862.

The reckless driving offense can even occur in a parking lot

46.2-864.

Improper breaks

46.2-853

Reckless driving on parking lots, etc.

A person shall be guilty of reckless driving who operates any motor vehicle at speed or in a manner to endanger the life, limb, or property of any person:

  1. On any driveway or premises of a church, school, recreational facility, or business property open to the public; or
  2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
  3. On any highway under construction or not yet open to the public

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