What is Reckless Driving in Fairfax?
A driver can be charged with reckless driving in Fairfax for driving a motor vehicle recklessly or at a speed or in a manner that endangers the life, limb, or property of another person.
Fairfax Reckless Driving Charges
There are a number of charges that are considered reckless driving in Fairfax. They include:
Reckless Driving in Fairfax is Often Charged After A Car Accident
- 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 Reckless Driving Charge
Reckless driving is frequently charged after a car accident. The police officer who responds to an accident determines who was at fault and charges that person with reckless driving. However, an accident does not itself prove reckless driving in Fairfax. The Commonwealth still must prove that the accused drove in a manner than endangered the life, limb or property of another person.
Difference Between Traffic Infractions and Reckless Driving in Fairfax
The difference between a traffic infraction in Fairfax 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 reckless driving charge. The driver MUST come to court and failure to appear in court could result in an additional criminal charge.
Additionally, a traffic infraction is punished with 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.
Fairfax reckless driving charges have serious consequences and should not be taken lightly. It would be wise to consult with a Fairfax reckless driving lawyer before going to court.
Fairfax Reckless Driving Penalties
A reckless driving charge in Fairfax is generally a Class 1 misdemeanor. It is punished with jail, fines, court costs, driver’s license suspension, DMV demerit points, and possible enrollment in the Virginia ASAP program. If the offender was texting while driving, there will be a mandatory minimum fine of $250 (Va. Code §46.2-818.2). For more information on texting while driving in Virginia under Va. Code §46.2-818.2, click here.
Contact Fairfax Reckless Driving Lawyer Jean Humbrecht Today
There could be many additional consequences to a reckless driving conviction in Fairfax, 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 reckless driving lawyer as soon as possible to review the consequences of, and possible defenses to, a Fairfax reckless driving charge. If a conviction cannot be avoided, a Fairfax reckless driving lawyer can help to obtain the best possible outcome.
Felony Reckless Driving
Reckless driving in Fairfax can sometimes be a felony. If the driver’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)). It 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 in Virginia, click here.
Contact Fairfax Reckless Driving Lawyer Jean Humbrecht Today
If you are facing a reckless driving charge in Fairfax, contact Fairfax reckless driving lawyer Jean Humbrecht today to handle your case and discuss any possible defenses you may have. A Fairfax reckless driving lawyer can help obtain the best possible result based on your particular circumstances.