Va. Code §46.2-862: Reckless by Speed
In Fairfax. a driver can be convicted of reckless driving by either A) going 20 mph over the speed limit or B) driving over 80 mph. Therefore, a person driving 35 mph in 15 mph zone is guilty of reckless driving, and a person driving 81 mph in a 70 mph zone is also guilty of reckless driving.
Va. Code 46.2-862 Reckless Driving – Speeding
“A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.”
- 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 by speed 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 accuracy and admissibility of the police officer’s speed equipment and the techniques he used to measure the driver’s speed.
Some of the things we recommend drivers do, can include (click the links for more information):
- Taking a Driver Improvement Course
- Getting a Speedometer Calibration
- 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 by Speed
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:
- Speeding at the same or lower speeds
- Improper Driving
- Failure to Obey a Highway Sign
- Failure to Pay Full Time and Attention