Reckless Driving Attorney Fairfax Virginia

Reckless Driving Attorney Fairfax Virginia

What can I expect for a Reckless Driving Fairfax, VA for Speeding over 90 mph in a 55 mph zone?

Reckless Driving Attorney Fairfax VALet me start out this article by saying, if you are reading this with the hopes of getting your Reckless Driving for speeds at greater than 90 mph dropped or even lowered to a minor traffic infraction, don’t read any further. I don’t lie to people. Any experienced Reckless Driving Attorney Fairfax VA should tell you, that while anything is possible, unless there is a defense (e.g. the Police radar calibration is off), you are going to get convicted. You can bring Abraham Lincoln back to life as your lawyer, and if you are speeding over 90 mph anywhere in Fairfax County, you will be convicted. The “game” is not whether you will be convicted, the “game” is whether you will get jail and whether you will lose your license. And since going to jail and not being able to drive is not a “game”, you will want to hire an experience attorney to represent you.

The maximum punishments for Reckless Driving in Virginia are up to one year in jail, up to a $2500 fine, and up to 6 months loss of license. While a Judge can give the absolute minimum (e.g. no jail and no license suspension), Judges in Fairfax have an unwritten “rule of thumb.” For even people with good driving records, Judges consider license suspensions at speeds greater than 84 mph, and will often give one day in jail for every mph over 90. Thus, hiring an experienced Reckless Driving Attorney Fairfax VA for a Reckless Driving charge at speeds over 90 mph is a necessity. Why? Because in Fairfax, Prosecutors will not talk to individual defendants. They only talk to attorneys. So, without an attorney, there is no way to negotiate a reduction in the charge, or to reach a Plea Agreement that keeps you driving and keeps you out of jail. Your only chance is to go before a Judge and try to convince him/her to not use the “rule of thumb” and not give you jail and a 6 month license suspension.

Unless there is a valid defense, a Fairfax Reckless Driving Lawyer, will help set you up for the best possible outcome with a Prosecutor or, if an acceptable Plea Agreement cannot be reached with a Prosecutor, set you up for the best presentation to a Judge. For my “high speed” Reckless Clients, I recommend an in-person safe driving class that I know the Fairfax Judges like. Also, I help create the presentation to the Judge. For example, I know after 30 years of practicing law, that Judges hate excuses. When I represent my clients before a Judge, we don’t use excuses. Rather, we talk about corrective actions.

I know for many people reading this, all of this is hard to believe. Jail and loss of license for speeding over 90 mph? Yes, it is true. It makes sense if you know why. Many years ago, the Fairfax Judges learned that more people die from speeding collisions than DUI. After that, they decided to do something about it, and created their unwritten rule of a “day in jail for every mph over 90…” Remember this is a “rule of thumb.” It is not a law. Thus, there are ways experienced Reckless Driving Lawyers know how to avoid jail and license suspensions. Thus, in order to not be subject to this “rule”, you need to show that you are different from all the other people that were speeding greater than 90 mph. That is where your experienced Reckless Driving Attorney Fairfax VA will be invaluable. He/She will know how to show that you are different and deserving of a lower punishment than everyone else gets for speeding greater than 90 mph.

Get to your lawyer early because preparation for this type of case can take many weeks. You won’t be able to complete the recommended course, get your speedometer calibrated, and acquire all your driving records (even from other states you may have lived) in a week.

One last thing. In Virginia, you have an automatic appeal to Circuit Court for a new trial. So, if your attorney is unable to get you a Plea Agreement that keeps you out of jail, or if, even after your presentation, the Judge gives you jail (e.g. at speeds greater than 100 mph, it is an almost certainty that you will get jail. As I said above, even Abraham Lincoln can’t keep you out of jail at speeds over 100 mph in a 55 mph zone), you can note your appeal and go to trial before a Jury. Juries are often less likely to give jail than a Judge. Why? Because Jurors speed themselves. It is my belief that people are against crimes — except for crimes they commit themselves. So, if staying out of jail is a paramount concern, you should select a Reckless Driving Attorney Fairfax VA to help you try your case before a jury.

If you need legal assistance, I would be honored to receive your call or e-mail. I grew up in Fairfax County, I served as the Prosecutor for the City of Fairfax, for 30 years, I have defended people in Fairfax Courts, I wrote the laws as a member of the Virginia House of Delegates for 24 years, and I have been awarded “Top Attorney” designations from Washingtonian and NOVA Magazines 5 times.

 

 

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