S & R Law Firm
Reckless Driving by Speed in Fairfax
When we hear the phrase “reckless driving,” we often think of dangerous maneuvers like driving aggressively or cutting off other drivers. But traveling even a few miles over the posted speed limit can result in a reckless driving by speed charge, which is a class 1 misdemeanor and a serious criminal offense in Virginia. If you have been charged with reckless driving by speed, the penalties can be severe, but working with a Fairfax reckless driving lawyer may help you avoid a criminal conviction. S&R Law Firm, PLLC has experience helping many people who have been charged with reckless driving by speed, and we may be able to help you, too.When Can I Be Charged with Reckless Driving by Speed?
According to Virginia Code Section 46.2-862 you can be charged with reckless driving by speed if you are traveling 20 miles per hour over the maximum speed limit, or if you are driving faster than 80 miles per hour regardless of the speed limit. However, even if you are not in violation of these speed restrictions, Virginia Code Section 46.2-852 plainly states that any motorist driving at a speed that endangers another’s life, limb, or property can be convicted of reckless driving. Unfortunately, this often includes simple increases in speed that occur while accelerating to pass another vehicle, while going downhill, or when you are rushing to get to work and following the lead of other speeding cars on the interstate. In these scenarios, it is easy to speed, especially when others around you are, but just because others are traveling at high speeds doesn’t mean that you won’t get a ticket.
Sometimes you can even receive a reckless driving by speed charge without actually speeding. For example, if a police officer pulls you over because they believe you were driving too fast for rainy conditions, you could be charged. This is true even if you were traveling well below the posted speed limit. In these types of cases, it is often in your best interest to contact a reckless driving attorney serving Fairfax, as they will have the knowledge and experience to defend you against these charges in court. If you have questions about a reckless driving charge, contact S&R Law Firm, PLLC for help.Penalties for Reckless Driving by Speed
Since reckless driving by speed is a class 1 misdemeanor offense, the penalties for such a charge can be severe. License suspensions of up to 6 months, up to 12 months of jail time, and fines of up to $2500 are just a few examples of common penalties for this charge. In addition to expensive fines and license restrictions, if you are traveling faster than 80 miles per hour or at 20 miles per hour or more above the posted speed limit, you will receive six points against your license from Virginia. What is worse, a reckless driving by speed charge stays on your DMV record for 11 years, and usually results in costly insurance premiums. It also increases your likelihood of having your license revoked or suspended if you accumulate additional points during this time period.
A common question we get is how penalties are determined. In a nutshell, the faster you are traveling, the more likely you are to be subjected to harsh penalties for a reckless driving by speed charge. For example, traveling faster than 85 miles per hour puts you at a higher risk in terms of losing your license for six months; once you hit 85 mph, a judge will also be less likely to reduce your charge, leaving you with a criminal misdemeanor on your record. If you are traveling faster than 90 miles per hour in Fairfax, you are far more likely to lose your license and possibly face jail time. If you are caught traveling over 100 miles per hour, you are very likely to receive jail time and lose your license.
In scenarios like these, it is imperative that you work with an experienced Fairfax reckless driving attorney. A good lawyer can often investigate the details of your case and find ways to create reasonable doubt about your guilt in the judge’s mind. Demonstrating that there is insufficient evidence to prove your guilt and citing issues with incorrect use or calibration of radar guns and other speed detectors are just two of many defense strategies that a lawyer may be able to successfully apply to your case.What to do if You Are Charged with Reckless Driving by Speed in Fairfax
Reckless driving by speed charges often happen in the blink of an eye: you’re caught on radar while accidentally driving too fast for a split second. While being aware of how fast and how safely you are traveling is the best way to avoid reckless driving charges and tickets, everyone makes mistakes. If you have been charged with reckless driving by speed, S&R Law Firm, PLLC can help. Our reckless driving attorneys have helped many clients negotiate reduced penalties and charges, decrease their sentences, and allowed them to face less severe charges.
For a free consultation on your case, get in touch with us today at 703-273-6431.