A Reckless Driving ticket is a Class 1 Misdemeanor in Virginia, which carries up to 12 months in jail and a $2,500 fine. It is different than just an average speeding ticket. 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 drivers who drive a vehicle on any highway recklessly or at speed or in a manner to endanger any person’s life, limb, or property shall be guilty of reckless driving in Fairfax. The other mainly charged Reckless Driving is by speed. § 46.2-862. Exceeding the speed. 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 posted speed limit 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 and can lead to a license suspension. A Fairfax reckless driving lawyer can significantly decrease your chances of a bad driving record from this traffic offense.
Are you charged with driving recklessly? Getting a Fairfax County reckless driving record can be very stressful. A reckless driving ticket can increase your insurance premiums and make you lose points on your driver’s license, negatively affecting your driving record. Fairfax County is stringent when it comes to being charged with reckless driving. Therefore, you will need an experienced and aggressive Fairfax Reckless Driving Lawyer who will do everything in their power to completely dismiss the reckless driving charges or reduce the charge to a regular speeding ticket. Jad Sarsour, a highly experienced Fairfax reckless driving lawyer, has dealt with countless reckless driving cases in court and will give you the best possible outcome for your case. Contact us today for a free consultation on any traffic offense or traffic violation charges.
You probably have been charged with reckless driving in Fairfax if you found this page. Contact us, Our Fairfax County reckless driving lawyer, Jad Sarsour, for a free consultation. He is happy to talk on the phone or in-person; it only takes a couple of minutes.
Lawyer Jad Sarsour can represent your case in Fairfax County for a reckless driving case in Virginia.
When working with a reckless driving attorney, you have a greater chance of obtaining a plea bargain. Here are a few examples of how they can help:
The most common form of reckless driving by speed 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.
Operating a vehicle in a manner generally endangering others is considers reckless driving.
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 velocity 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 is reckless driving.
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, elderly, mentally, or physically disabled persons. A person must remain stopped until all the persons are clear of the highway, private road, or school driveway and the bus is put in motion. However, the driver of a vehicle needs not to stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, access road, or driveway. Especially when the other roadway, access road, or driveway is separated from the street on which the vehicle is operated by a physical barrier or an unpaved area. The driver of a car 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.
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 is provided in 46.2-1022 through 1024. The driver of every other vehicle shall drive to the nearest edge of the roadway, clear of any intersection of highways, as quickly as traffic and other highway conditions permit, stop and remain there. Unless otherwise directed by a law enforcement officer until the emergency vehicle has passed. This provision shall not relieve drivers of the duty to drive regarding the safety of all people using the highway to which the right-of-way is to be yielded. Furthermore, it shall not 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 breach 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 recklessly driving, punishable as provided in 46.2-868.
Racing Traffic Violations and Criminal Offense Explained
46.2-865. Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth shall be guilty of traffic violations unless authorized by the owner of the property or his agent. This provision also applies to any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth. 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 no less than six months. In a conviction case, the court shall order the surrender of said license to the court where it shall be disposed of per provisions 46.2-398.
46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.
Driving too fast for traffic conditions
Operating a vehicle too fast for highway and traffic conditions is a form of Fairfax reckless driving. Unlike this charge, most reckless driving cases in Virginia tend to be strictly speed-related. Our Fairfax County VA and Northern VA Criminal Law Firm will sometimes see this reckless driving case 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 Virginia criminal lawyers and local Fairfax 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). For example, suppose the only witness to the accident was the driver, and they make no admissions to the police officer or police cruiser. In that case, the case will be complex for the Commonwealth to absent evidence tying the cause of the accident, given conditions at the time of the accident. If an accident occurs in poor weather, the officer must rely on admissions and statements (and perhaps other evidence) because they did not witness the accident or the alleged excessive speeding. A lack of entries and statements 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 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 case.
Although just a misdemeanor, it may be punishable by up to a year in jail. Realistically, what can one expect? There is no one-size-fits-all blanket answer. A call to a Fairfax reckless driving attorney is the first step that should be taken when getting a reckless driving case. This Fairfax reckless driving charge may be different than a speed-related reckless driving charge. Still, an experienced reckless driving lawyer in Fairfax like Jad Sarsour, Criminal Defense Attorney, will work with you every step of the way to get your case dismissed. He has worked through numerous reckless driving cases. Contact us today for a consultation to avoid any reckless driving conviction.
Passing a vehicle at a crest or a grade
Overloaded vehicle such as to obstruct/interfere with drivers control
Passing another vehicle at a railroad grade crossing
Failing to give proper signal
Failure to yield the right-of-way when merging onto the highway
Passing two vehicles abreast
Driving two abreast in a single lane
Driving over 80 mph
The reckless driving offense can even occur in a parking lot
Reckless driving on parking lots, etc.
Do not settle for the average reckless driving lawyers in Fairfax County, contact lawyer Jad Sarsour for any legal help. Of course, nobody is excited to see those flashing lights when getting pulled over, but attaining an experienced lawyer can give you some peace of mind on your case. In addition, he will help avoid a class 1 misdemeanor on your criminal record.