What Should I Do If I Am Charged With Reckless Driving in Fairfax County or Northern Virginia?
If you are one of the thousands of people in Fairfax County or Northern Virginia charged with reckless driving, do not go to court alone and plead guilty without the advice of a lawyer. As discussed on the Reckless Driving Penalties and Punishments page, there are very serious, lasting, and permanent consequences that can result from a reckless driving conviction. You should have an experienced Fairfax and Northern Virginia reckless driving and traffic defense law attorney evaluate your case and advise you concerning all possible defenses to a reckless driving ticket. There are cases where a person charged with reckless driving in Fairfax or elsewhere in Northern Virginia can retain an attorney that can convince the judge or the prosecutor that your driving behavior was only “improper driving” (a non-criminal traffic offense) or some other lesser traffic infraction. If the charge is reduced to improper driving, simple speeding, or another traffic infraction, it is not a misdemeanor and the maximum punishment for the charge is only a fine. Also, less demerit points will be assessed on your Virginia DMV record and you will have no criminal record.
What Factors Affect The Sentence I Get If I Am Found Guilty Of Reckless Driving In Fairfax or Northern Virginia?
Judges take into consideration a number of factors presented by your Fairfax and Northern Virginia reckless driving and traffic defense lawyer during the sentencing phase of a reckless driving case in Fairfax or another county in Northern Virginia. These factors include:
- Whether your conduct was actually reckless or was just “straight speed” – in other words, did you cut off other traffic, tailgate, etc.;
- Whether there was an accident and if so, whether there were any injuries;
- How fast you were going;
- Other charges that may have been issued with the reckless driving charge;
- Your DMV record point balance and whether you have any previous convictions;
- Your testimony or actions in court; and
- Whether you were argumentative or rude to the law enforcement officer.
Of course rarely will two judges sentence exactly alike. Different judges in Fairfax County and Northern Virginia have different perspectives and opinions towards various types of reckless driving cases.
Is there a Speed at Which Judges Will Sentence Me to Jail?
In Fairfax County, as well as other counties in Northern Virginia, including Prince William, Loudoun, Arlington, and Alexandria, if you are convicted of reckless driving at a speed in excess of 90 miles per hour, several judges have the unwritten policy of assigning 1 day in jail or more for each mile per hour above 90 mph you were traveling. In other words, with these judges and prosecutors, a speed of 100 miles per hour would warrant a jail sentence of 10 to 20 days, or more, of active jail time. This also true if your speed was not high, but your driving was very dangerous. If your driving involved conduct that caused an accident or was hazardous to other drivers, many judges will impose active incarceration.
Therefore, it is critical that your Fairfax and Northern Virginia reckless driving and traffic/criminal defense attorney have extensive experience in handling reckless driving cases in Fairfax and Northern Virginia. At Manikas Law LLC, former prosecutor Kyle G. Manikas has handled thousands of reckless driving cases.
What Can I do to Help My Lawyer Defend My Virginia Reckless Driving Charges?
First and foremost, you must be honest about the facts with your Fairfax and Northern Virginia reckless driving and traffic defense attorney. Many attorneys will not refuse a case because of bad facts, but they will refuse a case because of a dishonest client. In order for your attorney to effectively defend you, he or she must know the true facts.
Second, you should request a copy of your Virginia DMV driving record. You can do this online through the Virginia DMV website. Once you receive the record, you should forward it to your attorney. Whether your record is very good or not so good, your attorney needs to know the information because the prosecutor will. Without this information your attorney will be blindsided.
Third, have your vehicle’s speedometer calibrated before your trial. Often times, a vehicle's speedometer is off in the driver’s favor. In other words, when the vehicle is traveling at 80 miles per hour, the speedometer may read 74 miles per hour. This can be true of even brand new cars. If this is the case, this is not an absolute defense to reckless driving because reckless driving is not a specific intent crime; however it is a factor that can be considered in mitigation of the offense. It may help in getting the judge or prosecutor to reduce the charge. However, the calibration must be in a certain form to be admissible in evidence. Speak with your Fairfax and Northern Virginia reckless driving and traffic defense attorney for more information regarding calibration of your vehcile.
Fourth, it may be helpful depending on your specific situation if you take a driver improvement course. Depending on the case, your lawyer may recommend that you complete it in person as opposed to online. A driver improvement course will not only improve your DMV transcript point balance prior to court, but it will show the prosecutor and judge that you have taken the situation seriously.
How Does Virginia's DMV Demerit Point System Work?
Virginia’s point system for violations of Virginia traffic law is very different from most other states. All traffic convictions from violations in Virginia, including Fairfax, Leesburg, Manassas, and other counties and cities, result in either 3, 4, or 6 demerit points being placed on your record by the Virginia DMV, unless the charge is a non-moving infraction. Those point values are much higher than those assessed in states surrounding Virginia. Virginia offsets these high negative point values with the opportunity to earn positive points for good driving behavior (i.e., time when there are no violations) or for taking a driver improvement program. Each year you drive your car without getting a traffic violation, you earn one positive point on your Virginia DMV record. The maximum amount of positive points you can achieve is +5, the best driving record in Virginia.
Taking an approved driver improvement program voluntarily will add five points to your driving record. However, you can only take the driver improvement program once every 2 years and you cannot exceed a +5 score on your DMV record. Speak to your Fairfax and Northern Virginia reckless driving and traffic defense lawyer for more information on how the Virginia DMV demerit point system works.
Can I appeal a Reckless Driving Conviction If I am Found Guilty in Fairfax or Northern Virginia?
If you are found guilty of reckless driving in the General District Court of Fairfax County or another county or city in Northern Virginia, you can appeal your case to the Circuit Court. You must file the appeal within 10 days from the date you were found guilty of reckless driving in the General District Court. The appeal entitles you to a brand new trial (de novo) in Circuit Court, as if the trial never occurred in lower court. Also, you have the right to request a jury trial or a trial by judge.
You should proceed with caution because the results of an appeal can have serious consequences. Given that the result of your first trial in General District Court is nullified or erased, you start over in Circuit Court. The prosecutor may be different and the judge will be different. Most importantly, the sentence you receive in Circuit Court on appeal may be more harsh than the one you received in General District Court. Also, if you are convicted in Circuit Court you will be assessed additional court costs for the appeal. However, because it is a brand new trial, the prosecutor (the Commonwealth’s Attorney) must again attempt to prove to a judge or a jury your guilt beyond a reasonable doubt.
At Manikas Law LLC, former prosecutor and Fairfax and Northern Virginia reckless driving and traffic defense attorney Kyle G. Manikas has handled thousands of reckless driving cases. Mr. Manikas would be happy to speak with your about your reckless driving charge in Fairfax County or Northern Virginia. To learn more about reckless driving and potential defenses, visit our main Reckless Driving page, and our Reckless Driving Defenses page.
Schedule a Free Consultation Today
To speak with a Fairfax and Northern Virginia reckless driving and traffic defense lawyer about your reckless driving charge, contact Kyle G. Manikas at Manikas Law LLC by calling 703-873-7473, or contact us by email. For toll-free assistance, call 888-503-8075. We are located in Fairfax, Virginia.
