In Fairfax, the most common type of reckless driving offense is largely due to drivers comfortably traveling at high speed without considering the dangers of their driving. Fairfax reckless driving lawyers can help you better understand what this can mean for your future. Speaking with an established traffic attorney about combatting the penalties of a dangerous driving charge could be critical to the outcome of your case.
Reckless driving is considered operating a vehicle at any speed that exceeds 20 miles per hour over the posted speed limit or any speed that is above 80 miles per hour, regardless of the posted speed limit. Reckless driving can also be defined just by the nature of the driving given the traffic conditions and circumstances on the road at the time of the citation.
Someone knows they are being charged with reckless driving by receiving a summons that the officer provides will indicate what the charge is. It also indicates the code section that was allegedly violated under the Virginia Code, as well as whether or not it is reckless driving or speeding in nature.
A person should never prepay their reckless driving ticket because then they would be admitting guilt to a Class 1 Misdemeanor and allowing a criminal offense to be on their record, without contesting any of the evidence. If a person is charged with reckless driving, they should at least appear in court, but really should hire a Fairfax reckless driving lawyer so that they will have the best chance to avoid a criminal record.
Every court process is different and people should be prepared to either appear in court or have their attorney appear in court to represent them. Sometimes the court date might be continued once or even twice in order to allow an accused driver to engage in activities that might reduce the charge from reckless driving to another offense. Individuals should also be prepared for a trial in which case a Fairfax reckless driving lawyer will be litigating the evidence and trying to have the charge reduced through the adversarial process in court.
Oftentimes, the prosecutors are not involved in reckless driving cases and the judge will try the case themselves. How the prosecutors treat the case and how the judge treats the case can vary and depends on the specific facts and circumstances that go with each charge.
Under certain circumstances, reckless driving tickets are allowed to be paid ahead of time. While that might be tempting, especially for out-of-state drivers, a reckless driving prepayment is often more serious than people expect because of the fact that it is a Class 1 Misdemeanor. Reckless driving is a Class 1 Misdemeanor which means that it is a criminal offense. Being found guilty of reckless driving would mean that they would then have a criminal offense on their record.
As a Class 1 Misdemeanor, reckless driving carries up to 12 months in jail and up to a $2,500 fine. A mere speeding ticket is considered a traffic offense and non-criminal in nature. The maximum consequences for speeding tickets are less serious than those of reckless driving.
A defense attorney has the role of advocating for the interest of the accused and also protecting the accused from any evidence that might be unreliable. An attorney will contest the evidence in court and negotiate with the prosecutor and/or the law enforcement officer that issued citation prior to proceeding to trial.
Preparing a defense with a Fairfax reckless driving lawyer is important because they will be familiar with the local processes. Each court has their own local rules or customs that a local attorney will be familiar with. Using a local a local attorney will alleviate the stress of the unfamiliarity and uncertainty, and sometimes the confusion, that results from going into a new setting.