Legal Question in Traffic Law in Virginia

reckless driving in fairfax county, what will penalty be?

Doing 81/55, had a previous ticket a month before for speeding. Already completed driver course in an attempt to reduce points. I am planning on going in myself, without a lawyer is there any chance to drop the conviction to a lesser charge? what kind of fine should I expect? any chance of license suspension?


Asked on 6/07/05, 2:53 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: reckless driving in fairfax county, what will penalty be?

Your experience will depend to a tremendous extent on your previous driving record -- to an extent that may not make sense. That is, whehter you are guilty or not this time should have little to do with what happened before. This is called "habit" evidence which is inadmissible. But in fact the judge will decide your case almost entirely on your driving record.

You should go to the DMV and request a copy of your driving record. If your car is old you should also have your speedometer checked by a mechanic.

Reckless driving is going 20 miles over the limit, or any speed over 80. You were going 26 miles over the speed limit, which is 6 miles more than needed for reckless driving.

The penalties can be up to a year in jail, heavy fines, and the loss of your driver's license.

In real life, if your driving record is good, you will get a ticket of maybe $60 to $250 and that is all.

If your driving record is bad, you could easily lose your license for 30 to 90 days.

I recently saw someone going over 90 who got jail time.

You should offer to plead guilty to going 74. Whether that is accepted will depend entirely on your previous driving record.

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Answered on 6/09/05, 4:05 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: reckless driving in fairfax county, what will penalty be?

You haven't described the details of the previous speeding ticket nor the circumstances under which you were cited--all of which could make a difference as to the disposition of your current reckless charge, including whether or not this charge might be downgraded to Improper Driving.

Your recent previous conviction for an offense similar to the one you're currently charged with is but one more reason why you would be well advised to retain counsel to represent you in this criminal misdemeanor matter(reckless driving). The clear message which it sends to the court is that obviously you haven't learned any significants lessons from your previous court experience so, perhaps, you need to contemplate matters further from the confines of a jail cell for a period of time.

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Answered on 6/07/05, 3:38 pm


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