New Reckless Driving Speeding Law in Virginia – Effective July 1, 2020

Reckless Driving in Virginia is a Crime. It is a Class 1 Misdemeanor punishable by up to 1 year in jail, up to a $2500 fine and loss of license for up to 6 months. As other articles on my site point out, many other lawyers on the internet try to scare people into thinking that they are going to go to jail. But any responsible and experienced Reckless Driving Lawyer Fairfax County will tell you, unless you are driving extremely fast (e.g. > 35 mph over the limit) or have a bad driving record, that jail is unlikely. Consult those other articles on my site.
This article is about a new law. The previous law for Reckless Speeding in Virginia states that a person is guilty of Reckless Driving if he drives at 20 mph or more over the speed limit OR any time he is going over 80 mph. This 80 mph threshold became controversial when the speed limit on some sections of the interstates in Virginia went to 70 mph. That would mean that someone going 81 mph – just 11 mph over the speed limit – could be convicted of the crime of Reckless Driving! When I was in the legislature, I voted against raising the speed limit to 70 for this very reason. My position was that we should not raise the limit to 70 without raising the 80 mph Reckless provision to 85 mph. Now that I have retired from the legislature and am now a Reckless Driving Lawyer Fairfax County, I no longer have a vote in the General Assembly. But I am pleased to report that the 80 mph threshold is raised to 85 on July 1, 2020. So, the new law will be that Reckless Driving by Speed is for any speed greater than 20 mph OR greater than 85 mph. But, for speeds of 81 mph – 85 mph there is an enhanced minimum fine of $100.
Reckless Driving charges are very common in Virginia. And about 15 years ago, Judges started taking high speed Reckless cases more seriously. In Fairfax, the Judges started saying in Court that more people were killed in Virginia by defendants driving at high speeds than were killed by drunk drivers. Soon thereafter, they started using an unwritten “rule of thumb” an sentenced people to one day in jail for every mph > 90 mph (when in a 55 mph zone). So, it seemed that any time people were driving faster than 35mph over the limit, Judges were issuing one day in jail for every mph > 35 mph over the limit. By example, a person driving 95 in a 55 mph zone (which is 40 mph over the limit) judges were giving 5 days in jail.
If you are charged with Reckless Driving, you should consult a Reckless Driving Lawyer Fairfax County. As stated in other articles on this site, in Fairfax County and numerous other jurisdictions, Prosecutors will not speak with Defendants. They only speak with attorneys. Thus, your ability to get your Reckless Driving charge reduced to regular Speeding cannot be done prior to going before the Judge unless you have an attorney. Here is an example of how and attorney can help. If you have a Reckless Driving charge of 86 in a 70 mph zone, an attorney can often get the Prosecutor to agree prior to court (usually on the same day just prior to your case being called) to amend the charge to regular Speeding by striking “86” on the Summons and inserting “85 mph.” Under this new law, that one mph makes a big difference. 86 mph is the crime of Reckless and -6 DMV demerit points. “85” is not a crime. It is a Traffic Infraction. And 85 in a 70 mph zone is -4 DMV demerit point. So not only did your Reckless Driving Lawyer Fairfax get you out of a crime and kept you from possibly losing your license, he also got you a mere Traffic Infraction, no license suspension and likely just a minor fine. (Note: Traffic Infraction fines can be no greater than $250.)
For more information about law changes, contact the office of Dave Albo – Attorney today.
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Posted on AnonymousTrustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!Posted on TomTrustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .Posted on kendall carpenterTrustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.Posted on Amanda StallardTrustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.Posted on Mark WestTrustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.Posted on MTrustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.Posted on mitquinn88Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.Posted on G RTrustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case. I highly recommend him - you will be in good hands for sure. From start to finish he provided expert counsel and kept me well informed. He simply could not have done a better job.Posted on Hope CarriganTrustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and grateful; I highly recommend retaining his services. Well beyond worth it!!Posted on Doug DamronTrustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.