Reckless Driving by Speed in Fairfax
February 15, 2021 by Jean Humbrecht
Speeding in Fairfax can sometimes be a crime. Exceeding the speed by more than 20 miles per hour or driving more than 80 miles per hour is a form of Reckless Driving in Fairfax (Va. Code §46.2-862). Reckless Driving by Speed in Fairfax is a crime-NOT a traffic infraction. This means that a conviction for Reckless Driving by Speed in Fairfax will remain on a driver’s criminal record permanently and cannot be expunged.
What is the Difference Between Speeding and Reckless Driving by Speed in Fairfax?
The difference between speeding and Reckless Driving by speed in Fairfax is the likelihood of injury to other users of the road. Speeding in Fairfax is a traffic infraction, but Reckless Driving in Fairfax is a crime. Additionally, a driver can pre-pay a speeding ticket in Fairfax but CANNOT pre-pay a fine for Reckless Driving by speed in Fairfax. The driver MUST come to court and failure to appear in court could result in an additional criminal charge.
Proof of Reckless Driving by Speed in Fairfax
Speeding in Fairfax Can be a Crime
To convict an offender of Reckless Driving by speed in Fairfax, the Commonwealth must prove that the driver exceeded the speed limit by more than 20 miles per hour or drove more than 80 miles per hour.
A person commits Reckless Driving by speed in Fairfax when he:
- drives
- a motor vehicle
- on a highway
- more than 20 miles per hour over the posted speed limit or more than 80 miles per hour
Penalties for Reckless Driving by Speed in Fairfax
Reckless Driving by speed in Fairfax is punished with jail, fines and court costs, driver’s license suspension, DMV demerit points, and possible enrollment in the Virginia Alcohol Safety Action Program (ASAP). There are also increased penalties for Reckless Driving by speed in Fairfax if the offender was texting while driving or committed felony Reckless Driving.
Jail: Reckless Driving by speed in Fairfax is punished with up to 12 months in jail. The higher the driver’s speed, the more likely it is that he will be sentenced to jail time.
Fine and Court Costs: Reckless Driving by speed in Fairfax can be punished with a fine up to $2,500. The driver will also have to pay court costs if convicted.
Driver’s License Suspension: A driver’s license can be suspended for up to 6 months if he is convicted of Reckless Driving by speed in Fairfax.
DMV Points: The DMV will add 6 demerit points to the driving record of anyone convicted of a Reckless Driving by speed charge in Fairfax.
VASAP Referral: If the court believes that the Reckless Driving by speed charge was alcohol or drug-related, it may order the driver to complete the Virginia Alcohol Safety Action Program (Virginia ASAP) (Va. Code §46.2-392).
Driving More than 80 Miles per Hour is a Crime in Fairfax
Texting while Driving: If the offender was in violation of the handheld personal communication device law (otherwise known as texting while driving) during the commission of this offense, he or she will be fined a minimum of $250 (Va. Code §46.2-868(C)). Texting while Driving in Virginia is also a separate traffic infraction under Va. Code §46.2-818.2. In some circumstances, a driver can be convicted of both Reckless Driving and Texting while Driving and will have a mandatory minimum fine for both offenses. Click here for more information on Texting while Driving in Fairfax.
Felony Reckless Driving in Fairfax
A Fairfax Reckless Driving by speed charge can sometimes be a felony. If the offender was driving while suspended or revoked for a moving violation and 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)).
Other Consequences of Reckless Driving by Speed in Fairfax
There could be many additional consequences to a driver convicted of Reckless Driving by speed in Fairfax. Insurance premiums will likely increase, educational and employment opportunities could be impacted, security clearances could be lost, and there can be immigration consequences for anyone who is not a United States citizen.