Northern Virginia Attorney: Defense Against Reckless Driving Charges
The Virginia legislature had made Virginia reckless driving statutes some of the toughest and most severe motor vehicle and traffic laws in the country. For that reason it is rarely advisable for anyone to go to court without speaking with a Fairfax or Northern Virginia reckless driving and traffic defense lawyer.
In Virginia, the legislature has essentially criminalized the act of speeding. No reckless conduct is necessary. In fact, if a person exceeds the posted speed limit by 20 miles per hour, they can be charged with reckless driving under Va. Code Section 46.2-862 – a criminal offense. In other words, if you are driving 75 miles per hour in a 55 mile per hour zone in Maryland, West Virginia, Pennsylvania, North Carolina, New York, or another state, you would be charged with a simple speeding ticket. However, if you are doing the same speed on I-495 (the beltway), I-95, Route 66, or I-395, Route 28, Route 267, or anther road or highway in Northern Virginia or Fairfax County, you will be charged with a criminal offense – a Class 1 misdemeanor – by the State Trooper or County Officer. While you will not be placed in cuffs and taken away, the trooper or officer will issue you a summons which will command you to appear in court. If you fail to show for court at the specified date and time, the judge can either find you guilty in your absence or issue a bench warrant for your arrest. If you are found guilty in your absence, a judge will routinely fine you the maximum amount he or she can ($2,500) and suspend your license for the maximum time (6 months).
The first thing that most people do after being issued a summons for reckless driving under Va. Code section 46.2-862, 46.2-852, or another reckless driving code section in Fairfax County or Northern Virginia, is conduct research on the internet. In addition to the information on this website, Manikas Law LLC offers a free phone or office consultation so you can speak to an experienced Fairfax and Northern Virginia reckless driving and traffic defense lawyer, and former prosecutor, Kyle G. Manikas, about your reckless driving charge before you risk going to court by yourself.
Reckless Driving Charges Based Upon Speeding are Common in Fairfax County and Northern Virginia
Northern Virginia, which includes Fairfax County, Loudoun County, Prince William County, Arlington County, and Alexandria, has many miles of roads and highways, such as Interstate 95, Interstate 66, Interstate 495 (the Washington Beltway), Dulles Toll Road, and I-395. The Virginia legislature has designated reckless driving as a Class 1 misdemeanor, a crime on the same level as DWI, Assault and Battery, Possession with Intent to Distribute Marijuana, or Possession of a Concealed Weapon. A Class 1 misdemeanor is a criminal charge, punishable by up to 12 months in jail, a $2,500 fine, and a possible loss of driving privileges for six months.
The two most common forms of reckless driving cited in Fairfax County and Northern Virginia are 46.2-862 and 46.2-852.
Virginia Code 46.2-862 provides that “A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.”
Virginia Code 46.2-852 is another type of reckless driving charge issued by police officers in Fairfax, Manassas, Arlington, and Leesburg. Under Section 46.2-852, the prosecutor must prove that the driver (1) drove at a speed or in a manner so as to endanger life, limb, or property of another; or (2) that the driver disregarded the consequences of his actions and displayed an indifference to the safety of life, limb, or property.
Other types of reckless driving charged in Fairfax and Northern Virginia include:
- Speeding at 20+ miles per hour over the speed limit or driving at speeds over 80 mph. Virginia Code Section 46.2-862. (Exceeding speed limit).
- Driving in a manner generally endangering the life, limb or property of others; Virginia Code Section 46.2-852.
- Improperly passing a stopped school bus; Virginia Code Section 46.2-859.
- Driving at speeds too fast for traffic conditions regardless of speed limit; Virginia Code Section 46.2-861.
- Reckless driving in a parking lot. Virginia Code Section 46.2-864.
- Failing to give a proper turning or stopping signal; Virginia Code Section 46.2-860.
- Driving with faulty brakes and driving while vehicle not under proper control; Virginia Code Section 46.2-853.
- Overtaking, passing, or failing to yield to an emergency vehicle; Virginia Code Section 46.2-829.
- Racing; Virginia Code Section 46.2-865.
- Passing a vehicle at a crest of a hill, on a curve, or on a grade; Virginia Code Section 46.2-854.
- Overloaded vehicle such as to obstruct or with driver’s control or view; Virginia Code Section 46.2-855.
- Overtaking or passing another vehicle at a railroad grade crossing; Virginia Code Section 46.2-858
- Failure to yield right-of-way to other vehicles when merging onto highway; Virginia Code Section 46.2-863.
- Passing two other vehicles side by side; Virginia Code Section 46.2-856.
- Driving a vehicle two abreast in a single lane; Virginia Code Section 46.2-857.
Each of the above forms of Reckless Driving are Class 1 misdemeanors with the potential of a 6 month loss of driving privileges, up to a $2500 fine, and a 12 month jail sentence.
If convicted of Reckless Driving, the DMV Will Places 6 Demerit Points on Your Driving Record
If convicted of reckless driving, the conviction will remain on your driving record for 11 years. More importantly, because it is criminal offense, it will remain on your national permanent criminal record (NCIC) with the FBI for the remainder of your life. A conviction for reckless driving in Fairfax and Northern Virginia will also cause your automobile insurance rates to substantially increase. It may also make life and health insurance much more expensive to purchase.
At Manikas Law LLC, former Northern Virginia prosecutor 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, FAQs page, and our Reckless Driving Defenses page.
