Reckless driving is treated as a fairly serious crime in Virginia.  In Fairfax County, reckless driving is generally charged as a Class 1 misdemeanor, which is the highest level of misdemeanor in Virginia.  Additionally, a conviction for a Virginia reckless driving charge will remain on your criminal record.

Convictions for traffic infractions drop off a Virginia driving record eventually.  A criminal conviction, however, will never go away.  In Virginia, criminal convictions cannot be expunged. It is important to contact an experienced Virginia reckless driving lawyer to avoid a conviction for a Virginia reckless driving charge.  If a conviction cannot be avoided, a Virginia reckless driving lawyer can help to obtain the best possible outcome.

Unlike speeding tickets, you cannot pre-pay a fine for a Virginia reckless driving charge. You must show up to court.

Penalties for a Virginia reckless driving charge include jail time up to one year, and a fine up to $2500.   The court may also order that the driver’s license be suspended for up to six months.

If the court believes that the Virginia reckless driving charge was alcohol-related, it may order the driver to complete the ASAP program.

It is important to contact a Fairfax reckless driving lawyer immediately to discuss your case and any possible defenses to this serious charge.

Reckless Driving is a misdemeanor traffic offense, and is criminalized by VA Code 46.2-862, which states that a person shall be guilty of Reckless Driving if driving a motor vehicle on a Virginia public roadway either:

• At a speed of 20 mph over the posted speed limit, or
• At a speed of more than 80 mph (regardless of the posted speed limit).

Experienced Fairfax Traffic Attorney

While we have experience working with clients on reckless driving cases throughout Northern Virginia, including Arlington, Alexandria, Loudoun, Stafford, and Prince William counties, we specialize in Fairfax reckless driving defense.  If you are facing a reckless driving misdemeanor charge or any motor vehicle traffic offense, you need fast, accurate answers about your situation and the best way to proceed. The defense attorneys at Ervin Kibria understand your concerns and your sense of urgency in dealing with a difficult situation.

• The consequences for Reckless Driving: Clients who reach out to us concerning a reckless driving arrest often share common questions. In most cases, our clients want to know whether they will go to jail if they are convicted of reckless driving.  Answering this question depends entirely on your speed and the city or county in which you were driving.  If you are convicted of driving 90 mph, there’s a possibility that you will face jail time.  Anything above 90 mph will almost always result in jail time.  However, speaking to an experienced fairfax traffic lawyer is the only way to provide appropriate insight into your case and the possibility for jail time.

• An aggressive defense: The consequences of a reckless driving charge often depend on having an experienced lawyer to represent you. At Ervin Kibria, we have the necessary experience to aggressively investigate, defend and challenge the charges.

If you are facing a reckless driving or other serious traffic offense, contact the Fairfax Reckless Driving Lawyers at Ervin Kibria today to thoroughly discuss your case and make a determination on whether an attorney is needed in your particular case.

Standard Penalties For First Reckless Driving Offense:

For a first offense, Virginia reckless driving penalties are still considerably harsh.  A first offense reckless driving conviction can result in the following:

1. Up to 1 year in jail;
2. Up to 6 months suspension of driver’s license;
3. Up to $2,500 fine; and
4. 6 points on driving record

Types of Reckless Driving Offenses in Virginia

In Virginia, there are several variations of the reckless driving charge.  The most common form of reckless driving is “Reckless Driving By Speed,” which is  driving 20 mph over the posted speed limit or 80 mph or more, regardless of the speed limit.

Virginia also has a reckless driving charge of “Reckless Driving Generally,” which applies to situations where the driver of a vehicle is considered to be driving erratically or in an otherwise dangerous manner.

Increasing, Virginia has also started to charge more drivers with “Reckless Driving For Passing a Stopped School Bus.”  Passing a stopped school bus can be charged either as a simple traffic ticket or as reckless driving.  Due to an overall increase in traffic failing to abide by the laws of a stopped school bus, police have increasingly begun charging drivers with reckless driving.

VIRGINIA RECKLESS DRIVING OFFENSES

There are a variety of offenses that can be considered Virginia reckless driving charges.  They include:

• Driving Over 80 miles per hour (Va. Code §46.862)
• Driving More than 20 miles per hour Over the Posted Speed Limit (Va. Code §46.2-862)
• Driving Too Fast for Highway/Traffic Conditions (Va. Code §46.2-861)
• Racing (Va. Code §46.2-865)
• Failing to Maintain Proper Control/Faulty Breaks (Va. Code §46.2-853)
• Aggressive Driving (Va. Code §46.2-868.1)
• Failure to Yield Right of Way (Va. Code §46.2-868)
• Reckless Driving on Parking Lot (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)
• driving with 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)
• Reckless Driving (general) (Va. Code §46.2-852)

All of these reckless driving tickets are punishes as Class 1 misdemeanor criminal offenses. the penalty is described above.