Legal Question in DUI Law in Virginia

Reckless Driving in Fairfax, VA

I received a reckless driving citation in Fairfax Country, VA on my

way to Dulles Airport for a 10 day trip home after just having been

having just been comissioned as a Marine Corps Officer. The

police officer clocked me at 93 mph. I was driving an unfamiliar

rental car and the other person in the vehicle says that she did not

feel endangered in spite of my excessive speed. I will be returning

to Virginia to continue my service in the military. I am concerned

as to how this will impact my military career. What are my options

as far as getting my hearing continued, or perhaps being charged

with a lesser crime? Thank you.


Asked on 4/04/05, 3:55 pm

3 Answers from Attorneys

Brian Miller Brian M. Miller, Attorney at Law

Re: Reckless Driving in Fairfax, VA

93 is very high and the chances of some brief incarceration are there...You should hire a lawyer to try to reach a plea to a lesser charge. It is not uncommon for members of the military to have traffic offenses. I am not sure how it will affect your career. Perhaps you could inquire with legal counsel in y our division of the military. You are entitled to one continuance.

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Answered on 4/04/05, 4:03 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Reckless Driving in Fairfax, VA

The fact that your companion did not feel endangered due to your excessive speed is totally irrelevant. What's important is what the officer will be able to testify credibly to before the traffic court judge, and whether he/she will be persuasive in convincing the judge that your speed was in fact in excess of 90 mph which, in the absence of any mititgating circumstances, may result in virtually automatic jail time. (The reckless charge itself is a Class 1 misdemeanor and not merely a traffic infraction.)

You would be well advised to hire defense counsel

to represent you who is familiar with how these kinds of matters are dealt with in Fairfax Co. Traffic Court in order to assure that you emerge from this adverse situation with minimum consequences.

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Answered on 4/04/05, 5:16 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Reckless Driving in Fairfax, VA

The only good advise youre going to get on your question is from a Fairfax lawyer who knows what the judges of that Court think about what you've done.

In my area (Richmond) 93 miles an hour puts you in jail. You have to work real hard by puting on any sympathetic evidence you can to make it a manageable sentence and not 20-30 days. If you do not have a good attorney you are doing yourself alot of harm. You need someone who knows those courts and those prosecutors.

Reckeless is the least it is. I doubt it will be reduced. I have no idea it's impact on your miltary career. That's what JAG's for I suppose.

Good luck.

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Answered on 4/04/05, 8:21 pm


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