Fairfax Reckless Driving Lawyer

Reckless Driving Attorney Serving Fairfax & Northern Virginia

Everything You Need to Know About Reckless Driving Charges in Northern Virginia

There are 19 different Reckless Driving statutes, which is why Reckless Driving is likely the most widely charged traffic crime in Northern Virginia Courts. Each type of Reckless

Driving charge carries the possibility of jail, a license suspension and fine of up to $2500.

I have been a Virginia Reckless Driving Lawyer in Fairfax, Alexandria, Prince William, Arlington and Loudoun Counties/Cities for almost 40 years. Since I started practicing

law in 1988 and even when I was a Traffic Court Prosecutor in the 90’s, the most commonly charged Reckless Driving statutes are the following:

• 46.2-852. Reckless Driving General. (This is what most people think of when they hear Reckless Driving. It is basically driving like a maniac. The legal definition is driving in a manner so gross, wonton and negligent that it endangers life, limb or property.)
• 46.2-853. Driving vehicle which is not under control; faulty brakes. (This is most often charged in accidents.)
• 46.2-859. Passing a stopped school bus; prima facie evidence. (This is a common charge, believe it or not. AND it is taken very seriously in Fairfax County Court. An attorney is advisable on this charge because there is a way to amend this charge from a crime to a mere civil offense, which is not a crime and does not have a license suspension nor jail associated with it.)
• 46.2-862. Exceeding speed limit. (This is the most common Reckless Driving offense. Anyone going 20mph or more OR, in a 70 mph zone, anyone going over 80 mph can be charged under this statute.)
• 46.2-865. Racing; penalty. (This is not so common anymore. Back when the Fast & the Furious movies first came out, there were numerous charges for Racing in Fairfax County. In the past couple of years, I have not seen this charge very often. But if you are charged with Racing, you better get an experienced reckless driving lawyer in Fairfax, Virginia in court with you. Jail, license suspension and even seizure of your car are common penalties!)
• 46.2-829. Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way. (This law was recently modified in the Virginia General Assembly. I recall dealing with this statute just before I retired from the Virginia House of Delegates. It was brought on by too many deaths of State Troopers being hit by drivers.)

The Most Common Reckless Charge is the Speeding Charge

If you have a good driving record and are going just over the Reckless Driving speed (e.g. 76 mph in a 55 mph zone), you may want to save money and not hire a lawyer. While anything is possible, in my 38 years of trying cases in Northern Virginia courts, I have never seen anyone doing 76 in a 55 mph zone with a decent driving record ever get one second in jail. On the other hand, if you have a bad driving record, or If you are going greater than 30-35 mph over the limit, you should consider hiring a lawyer to give you the best chance of getting the charge reduced, staying out of jail and keeping your license.

The Second Most Common Reckless Charge is “Reckless General”

“Reckless General” is often used by police when there is an accident. “Reckless General” is defined as driving in a manner that shows gross, wonton and negligent driving which endangers, life, limb or property. A lawyer is very useful for this charge, as your lawyer can challenge the allegation that you drove in a gross, wonton and negligent way. There is a famous case that states that the mere happening of an accident does not prove Reckless Driving.

The Consequences of Reckless Driving Convictions

Being convicted of reckless driving is a serious matter with substantial repercussions. But if a lawyer tells you that you will get a “criminal record,” do not hire him. They are trying to scare you into hiring them. Unless you were arrested, a Reckless will not result in a criminal record. It is not reported to the criminal record unless you are arrested and fingerprinted – which is uncommon. It is a crime, however. So, people who have professional licenses or security clearances should be concerned. On job applications or recertifications, these type of professional people and people with security clearances are often asked “Have you ever been convicted of a crime?” And while it does not appear on your criminal record, the honest answer would be “Yes.” That is why many professionals and people with security clearances hire a lawyer to give them the best odds of getting the Reckless reduced to a mere traffic infraction.

If you find yourself facing such charges, it is crucial to comprehend the potential outcomes and take appropriate actions to mitigate the consequences. Attorney Dave Albo can provide you with the right guidance and ensure you understand your case.

Potential Penalties for Reckless Driving Convictions

Criminal Record: As described above, in Northern Virgina courts, if the Defendant is not arrested or fingerprinted, then a Reckless Driving conviction is not reported to the criminal record. It will, of course, appear on the DMV Driving record. (Note: I have heard that in some Virginia Courts outside of Northern Virginia, if a person is convicted of Reckless the Court has the Defendant fingerprinted and processed. That would result in a criminal record entry. Ask your local lawyer.)

Fines: Substantial fines are often imposed on individuals convicted of reckless driving.

Driving Record Points: Points will likely be added to your driving record, potentially leading to increased insurance premiums. Reckless is presently a -6 Virginia DMV demerit point violation.

License Suspension: In some cases, your driving privileges may be suspended or revoked.

Jail Time: Depending on the severity of the offense and jurisdiction, jail time may be a possible penalty.

Possible Defense Strategies

It can be scary to be arrested and face a criminal charge. However, an experienced Fairfax, Alexandria, Arlington, Prince William, Loudoun VA reckless driving lawyer may be able to use a host of strong defense strategies to your advantage:

• For “Reckless General” as discussed above, argue that while you were driving without proper care, it didn’t cross the line into reckless.
• For “Reckless by Speed”, the measuring tool for speed the officer used (e.g. radar, laser or pace) was malfunctioning or poorly maintained, causing an inaccurate reading. If the equipment for gauging speed isn’t calibrated correctly, the mph result will likely be held inadmissible by the Judge and thus, the case would likely be dismissed.

Ask a Prosecutor or Judge to make a finding of the lesser included offense of Improper Driving. There is a statute “Improper Driving.” If says that if a Reckless is the original charge, the defendant’s “degree of culpability is slight,” the Court can amend a “lesser included offense” of Improper Driving. Improper Driving is only considered to be a minor Traffic Infraction (-3 DMV Demerit points.) A person charged with Reckless by speed can not take advantage of this Improper Driving statute, because you can’t have “slight culpability” for driving too fast. But not to worry. A lesser speed is always considered a “lesser included offense” and is therefore available to a Prosecutor or Judge if they want to give you a break.

No two cases are exactly alike. Please consider calling an experienced Reckless Driving lawyer immediately in order to better understand how the circumstances of your situation may affect your case.

How much does a Reckless Driving lawyer cost?

I charge a flat fee of $1200 – $2200 depending upon the seriousness of the case. My fee is for all the court appearances that would be necessary in General District Court. Sure, there are cheaper lawyers, but have they been a lawyer for almost 40 years, a former Prosecutor, former State Legislator, or a Washingtonian and Northern Virginia Magazine “Top Attorney.” If money it tight and you can’t afford an experienced lawyer, look for a new lawyer recently out of law school or a volume lawyer. Volume lawyers represent many people in a day. For example, say that every lawyer needs to earn $1500 / day to stay in business. A lawyer can represent three people for $500 a piece or one person for $1500. I only take on one serious case a day so that I can give my client my full time and attention and not be in the position to ask a Prosecutor or Judge to give my three people all a break.

List of all the 19 different types of Reckless Driving

Here are the statutes:

• 46.2-852. Reckless – General
§ 46.2-853. Driving vehicle which is not under control; faulty brakes.
• 46.2-854. Passing on or at the crest of a grade or on a curve.
• 46.2-855. Driving with driver’s view obstructed or control impaired.
• 46.2-856. Passing two vehicles abreast.
• 46.2-857. Driving two abreast in a single lane.
• 46.2-858. Passing at a railroad grade crossing.
• 46.2-859. Passing a stopped school bus; prima facie evidence.
• 46.2-860. Failing to give proper signals
• 46.2-861. Driving too fast for highway and traffic conditions.
• 46.2-862. Exceeding speed limit.
• 46.2-863. Failure to yield right-of-way.
• 46.2-864. Reckless driving on parking lots, etc.
• 46.2-865. Racing; penalty.
• 46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.
• 46.2-866. Racing; aiders or abettors.
• 46.2-867. Racing; seizure of motor vehicle.
• 46.2-878.1. Maximum speed limits in highway work zones; penalty.
• 46.2-829. Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way

If you are charged with any of these offenses in Virginia, give me a call. I practice in all Northern Virginia Courts, and through my work as Chairman of the House of Delegates Committee that wrote the criminal and traffic laws, I know great attorneys throughout Virginia. I would be happy to refer you to a local attorney who can help you in your case.

Contact Dave Albo and Schedule Your Consultation

If you face a reckless driving charge in Fairfax, Loudoun, Prince William, Arlington or Alexandria VA, it is essential to seek guidance from a skilled, experienced traffic offense lawyer. Look no further than Dave Albo, a reputable attorney with years of expertise in handling reckless driving cases in Fairfax and the surrounding areas. With a deep understanding of the local legal system and a proven track record of success, Dave Albo is your trusted ally when it comes to fighting reckless driving charges. He knows the intricacies of Virginia traffic laws and has the knowledge and resources to build a strong defense strategy tailored to your specific situation.

Contact the office of Dave Albo today.