Fairfax Reckless Driving Attorneys

Reducing The High Stakes Of Reckless Driving

If you’ve been arrested for reckless driving in Virginia, speak to an experienced defense lawyer about your options for resolving the charges against you. Reckless driving is not a minor traffic violation. Reckless driving is a serious offense with serious consequences if you are found guilty.

At the Fairfax law office of Lawrence, Smith and Gardner, we focus almost exclusively on criminal and traffic defense. Our skilled lawyers have helped many people avoid or minimize the effect of a reckless driving conviction.

Charged with reckless driving? Call us today at (703) 382-5840 for a free consultation and expert defense. Contact Us Now! 

Understanding Reckless Driving in Virginia

Reckless driving is a serious offense under Virginia law, and it goes beyond simple speeding. It refers to driving in a way that endangers the safety of others, even if no harm occurs. Here’s a closer look:

• What is Reckless Driving?
  Under Virginia law, reckless driving can occur in several situations, including speeding excessively, tailgating, or engaging in dangerous driving maneuvers that put others at risk.
• Common Misunderstandings
  Many people mistakenly believe that reckless driving is just about speeding. However, the law includes other risky behaviors like drag racing or passing a school bus illegally. Understanding these distinctions can prevent confusion in legal cases. 
• Reckless Driving vs. Other Traffic Offenses
  Reckless driving is different from a simple speeding ticket. While speeding is a violation of the posted speed limit, reckless driving involves driving in a manner that shows disregard for the safety of others. A simple speeding violation might result in a fine, but reckless driving can lead to more severe penalties.

Possible Defenses for Reckless Driving Charges

If you're facing reckless driving charges, there are several potential defenses your lawyer might use:

• Lack of Evidence or Insufficient Proof
  If the prosecution cannot prove you were driving recklessly, your case may be dismissed. Challenging evidence is key.
• Violation of Rights During Arrest
  If your rights were violated during the arrest—such as an illegal search or improper procedures—it could lead to the dismissal of charges.
• Mechanical Failure or Vehicle Issues
  Sometimes, a mechanical failure (like brake failure) may contribute to unsafe driving. If this caused the situation, it can be part of your defense.
• Medical Conditions Impacting Driving
  Certain medical conditions (e.g., a seizure or fainting) can affect driving behavior. If this was the case, it could explain your actions.
• Mistaken Identity or Confusion Over Speeding Limits
  Mistaken identity, or unclear or poorly marked speed limits, can sometimes lead to wrongful accusations of reckless driving.

The Role of Speeding in Reckless Driving Cases

Speeding is one of the most common ways individuals are charged with reckless driving in Virginia. Here’s how it plays into cases:

• Excessive Speeding
  Driving over 80 mph or more than 20 mph above the speed limit can lead to a reckless driving charge. Even if no one is harmed, speeding at these rates can be dangerous.
• Factors Considered by the Court
  The court will consider factors like the speed over the limit, road conditions, and whether the driver endangered others. Reckless driving charges are more likely when these factors show clear disregard for safety.

The Serious Consequences Of A Reckless Driving Conviction In Virginia

Convictions of reckless driving can wreak havoc with your life. A serious traffic violation, it will remain on your driving record for up to 11 years. Under Virginia’s laws, the criminal sentence and other consequences of reckless driving can include:

• Up to one year in jail
• Up to $2,500 in fines
• Six demerit points on your license
• Suspension of your driver’s license for up to six months
• Abusive driver fees of $350 per year for three years
• Increased auto insurance rates or cancellation

In addition to the penalties imposed by the court, your insurance company and the DMV, a reckless driving record can affect your ability to get or keep a job.

While we cannot guarantee any specific result in your case, our defense lawyers have successfully negotiated dismissal or reduction of charges and favorable plea agreements for other clients.

Unlike some attorneys, we are not afraid to try your case, if that is the best option for achieving a good outcome. One former client thanked attorney Smith for his “amazing performance in court” and achieving an end result which exceeded his expectations.