Fairfax Reckless Driving General
Driving on a public road in a way that endangers the “life, limb, or property” of another person can be reckless driving (even if the only one in danger is the driver). This statute is a catch-all for any unsafe driving practices; such as, driving the wrong way down a one-way street, falling asleep at the wheel, driving while “buzzed”, swerving or changing lanes erratically, driving at a dangerous speed, and many other types of behavior.
Reckless driving cases under 46.2-852 are frequently incorrectly charged and prosecuted because the law is subjective and ambiguous. Reckless driving is often the criminal charge issued when there is an accident.
Va. Code 46.2-852 Reckless Driving – General Reckless Driving
“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”
- Class 1 misdemeanor (Criminal Conviction)
- 0 to 12 months in jail
- $0-$2,500 in fines
- 0-6 months loss of license
- 6 Va DMV demerit points
There are two main ways we prevent conviction for reckless driving general in Fairfax:
1) We attack the culpability. We try to show reasons why the driver does not deserve these harsh punishments and ask the court to reduce the charge to a less sever traffic ticket.
2) We attack the evidence, and attempt to argue that they cannot prove that the driving behavior was reckless. (This may include getting copies of the dash camera video).
For more information about reckless driving defenses click here.
Some of the things we recommend drivers do, can include:
- Taking a Driver Improvement Course
- Get a copy of the accident report (if applicable)
- Writing a brief biography about yourself
- Writing a detailed incident summary about yourself
- Getting a copy of your DMV record
Likely Lesser Offenses For Reckless Driving General
In Fairfax, prosecutors will not negotiated with unrepresented defendants; however, your attorney might be able to get the reckless driving charge reduced from a criminal reckless driving charge to one of the following non criminal traffic tickets:
- Improper Driving
- Failure to Pay Full Time and Attention