What is Reckless Driving in Fairfax County?
A driver can be charged with reckless driving in Fairfax County if he drives a motor vehicle recklessly or at a speed or in a manner that endangers the life, limb, or property of another person.
Fairfax County Reckless Driving Charges
There are a number of charges in Fairfax County that are considered reckless driving. They include:
There are a Number of Reasons a Police Officer May Charge a Driver with Reckless Driving in Fairfax County
- General Reckless Driving (Va. Code §46.2-852)
- Reckless Driving by Speed (Va. Code §46.2-862)
- Aggressive Driving (Va. Code §46.2-868.1)
- Racing (Va. Code §46.2-865)
- Driving Too Fast for Highway/Traffic Conditions (Va. Code §46.2-861)
- Failing to Maintain Proper Control/Faulty Brakes (Va. Code §46.2-853)
- Failure to Yield Right-of-Way when Entering Highway (Va. Code §46.2-863)
- Reckless Driving on Parking Lots (Va. Code §46.2-864)
- Failure to Give Proper Signal (Va. Code §46.2-860)
- Passing a Stopped School Bus (Va. Code §46.1-859)
- Passing at a Railroad Crossing (Va. Code §46.2-858)
- Passing or Overtaking an Emergency Vehicle (Va. Code §46.2-829)
- Driving with Overloaded Car/Obstructed View (Va. Code §46.2-855)
- Driving Two Abreast in a Single Lane (Va. Code §46.2-857)
- Passing Two Vehicles Abreast (Va. Code §46.2-856)
- Passing On or At the Crest of a Grade or Curve (Va. Code §46.2-854)
- Failure to Yield to Stationary Emergency Vehicle (Va. Code §46.2-921.1)
Proof of Fairfax County Reckless Driving Charge
Reckless driving is frequently charged after a car accident. The police officer who responds to the scene determines who was at fault and charges that person with reckless driving. However, an accident does not itself prove reckless driving in Fairfax County. The Commonwealth still must prove that the accused drove in a manner that endangered the life, limb or property of another person.
Fairfax County Reckless Driving Penalties
A Fairfax County reckless driving charge is generally a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2,500, court costs, driver’s license suspension, DMV demerit points, and possible enrollment in the Virginia ASAP program. If the offender was texting while driving at the time he or she committed the Reckless Driving offense, there will be a mandatory minimum fine of $250 (Va. Code §46.2-868). For more information on texting while driving in Virginia under Va. Code §46.2-818.2, click here.
There could be many additional consequences to a reckless driving conviction in Fairfax County, including insurance premium increases, loss of educational and employment opportunities, security clearances could be in jeopardy, and there could be immigration consequences for anyone who is not a United States citizen.
It is important to contact a Fairfax County reckless driving lawyer as soon as possible to review options for, consequences of, and possible defenses to a Fairfax County reckless driving charge. If a conviction cannot be avoided, a Fairfax County reckless driving lawyer can help to obtain the best possible outcome.
Difference Between Reckless Driving and Traffic Infractions in Virginia
The difference between a traffic infraction in Fairfax County and a reckless driving charge is the degree of danger caused by the driver’s conduct.
Unlike traffic infractions, a driver CANNOT pre-pay a fine for a Fairfax County reckless driving charge. The driver MUST come to court. Failure to appear in court could result in an ADDITIONAL criminal charge.
Contact Fairfax County Reckless Driving Lawyer Jean Humbrecht Today
Additionally, a traffic infraction is punished with just a fine and potentially DMV demerit points, but, in addition to those penalties, reckless driving can be punished with driver’s license suspension and even jail.
Reckless driving in Fairfax County has serious consequences and should not be taken lightly. It would be wise to consult with a Fairfax County reckless driving lawyer before going to court.
Felony Reckless Driving
Reckless driving in Fairfax County can sometimes be a felony. If the offender’s license was suspended or revoked for a moving violation and the driver caused the death of another person as a result of his reckless driving, he will be charged with a Class 6 felony (Va. Code §46.2-868(B)). Felony reckless driving is punished with up to 5 years in prison, a fine up to $2500, DMV demerit points, and driver’s license revocation for 1 year.
For more information on felony reckless driving charges in Virginia, click here.
Contact Your Fairfax County Reckless Driving Lawyer Jean Humbrecht Today
If you are facing a reckless driving charge in Fairfax County, contact Fairfax County reckless driving lawyer Jean Humbrecht today to handle your case and discuss any possible defenses you may have. A Fairfax County reckless driving lawyer can help obtain the best possible result based on your particular circumstances.