by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
What to do if you live out of state and received a reckless driving ticket in Fairfax County If you have been stopped by the police and issued a ticket for reckless driving, you were probably surprised when the officer told you that you would have to come to court. If you live out of the state, this probably made you very nervous, because a return to the state would be inconvenient and possibly expensive. Unfortunately, the nature of the charge requires you to appear in court. This is because it is technically a class 1 misdemeanor and jail time is a possibility. Obviously, the vast majority of reckless driving tickets do not result in jail time. That only happens for people who were going well above the speed limit and were going over 90 miles an hour. However, until your case is resolved in the courtroom there is no way for the judge to waive the requirement that you appear in court. Fortunately, Fairfax has recognized that this requirement places an undue burden on a number of people who may have just gotten the ticket while they were passing through the state. The court has no interest in making individuals who would not be facing jail time suffer the expense of returning. To that extent the court has established a policy that allows drivers who do not want to come to have a lawyer take their place at the hearing. It is a relatively simple procedure and happens several times a day. If you want to hire a lawyer to take your place, you will first need to...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
What is Eluding? Eluding is a common crime charged in Virginia that deals with attempting to evade police officers while driving a car. Virginia Code 46.2-817 sets outs the particulars of the charge. In laymen’s terms, someone is guilty of eluding when they have been signaled to pull over by a police officer and tries to escape or even simply ignores the officer. A conviction for eluding can also be had where the defendant pulls over and then attempts to escape the police on foot. Importantly, the driver must have received a signal from the police that he needs to stop his vehicle. As well, if the driver reasonably believes that the person pursing him is not actually a police officer then he won’t be guilty of eluding. A garden variety eluding is a class 2 misdemeanor, carrying up to 6 months in jail and a fine as much as $1,000. However, if a person or police officer is endangered by the chase, then the charge is a class 6 felony carrying heftier penalties. Further, a court must suspend the offender’s license for between 30 days and 12 months. If the eluding individual was traveling faster than 20 miles per hour above the speed limit, then the suspension will be for a minimum of 90-days. What are Common Issues in Eluding Cases? Eluding cases can sometimes be difficult for the Commonwealth to prove. One of the big issues is whether the defendant was aware that he was being pursued by the police. The police first must prove that the officer made some kind of indication to the driver that...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
What Happens With a Reckless Driving Ticket in Fairfax County Virginia? Learn how to proceed after being stopped and ticketed for reckless driving in Fairfax, Virginia. Is it a crime or a simple traffic infraction when you drive recklessly? Reckless driving is considered to be the blatant disregard of life and limb – as well as property, when driving. True Examples It could happen when you exceed the speed limit; disobey orders by a traffic police; run a stoplight and other incidences. There’s a lot of misinformation when it comes to reckless driving in Fairfax County, but if you want accurate information, go straight to the source: Virginia Laws regarding reckless driving. These statutes reveal that reckless driving is a crime, and drivers can be penalized by: Fines of up to $2,500 License Suspension Possible Jail Time Deductions in Driver’s License Points A Permanent Criminal Record There are several ways to handle this dilemma, but the cleverest move is to hire an attorney. The aim of which would be to have the charges either dismissed or lowered to an improper driving offense – not a crime. How can lawyers accomplish this? Let’s explore some of the top defenses below: Prove That You Are a Safe Driver A clean driving record may be your ticket out of this ticket. When drivers can prove a clean and responsible driving history, it’s easier to argue that reckless driving won’t become a pattern. The judge may give you a pass by reducing the charge to an improper driving offense. Prove That You Were Not Driving Recklessly Use technology to prove the real evidence....
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Reckless Driving Ticket Cost Is reckless driving a traffic or criminal offense, and what’s the average cost ofthe ticket in Fairfax County? We’ve all heard that in order to drive safely, we must drive defensively. Does this mean that there are more reckless drivers on the road than responsible ones, and what does it actually mean to drive recklessly? Reckless driving is defined as intentionally driving in a careless manner with blatant disregard for life, property or limb. Typically when someone is driving recklessly, they’re operating a vehicle in a manner that could cause serious harm to passengers and other drivers on the road. This behavior places the public at risk, and as a result, it’s plausible why Virginia penalizes the crime so heavily. Some good examples of reckless driving include: The driver continues driving, even when signaled by an officer to stop. The driver exceeds the posted speed limit by over 20 MPH. The driver ignores a red light or other traffic signals. The driver ignores an emergency vehicle, school bus, or railroad warning. The driver ignores rules to slow down when dangerous conditions arise. The driver is maneuvering a vehicle with faulty brakes. The driver races on a public roadway. The Consequences of Reckless Driving Now that we have a better idea of what constitutes reckless driving, is it labelled a crime? In the state of Virginia, this act is sort of a quasi-crime. It is listed as a crime, but is heard in traffic court in Fairfax. Additionally, while a conviction will appear on your court and driving records, it will usually not appear on your...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Should you take a driving improvement course before your Reckless Court date? Fairfax County judges will not order people to complete a driver improvement class. This happens in many other jurisdictions in Virginia, but the volume of cases handled by the Fairfax court makes monitoring completion unfeasible. Instead you can take the class on your own, either before or after court. This may make sense in some cases, in others it can actually have a negative impact. The biggest reasons to take a class are to improve your driving record demerit point balance and to show the judge that you are taking the matter seriously. In order to know whether you should take a class you first need to know how the Virginia demerit point system works and also your personal point balance. In Virginia, all drivers start out with a zero point balance when they first get their drivers licenses. Every year that you drive without a ticket you get a positive point. Positive points are capped at 5, meaning a balance of +5 is considered a perfect score. Every time you are convicted of a driving violation (including tickets that you pay before court), you receive a reduction in the number of points associated with that ticket. (Review the DMV website for information about the demerit point value of various infractions.) So for example, if you first received your license two years ago and have never gotten a ticket your score would be a +2. Typically any positive score is considered a good record. Then if you were convicted of Reckless Driving you would have your score...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Reckless Driving Ticket Options Can you pay for a reckless driving ticket in Fairfax and forget about it? Learn the rules and regulations regarding reckless driving here. A reckless driving ticket isn’t a simple pay-and-go traffic offense. It’s technically a criminal offense and you’ll need to go to court. This isn’t as scary as it seems, but it does change the process somewhat. You can’t simply pay before court. You can hire a lawyer who can appear on your behalf, but you will need to make sure you either go or have a lawyer go for you. A judge may just give you a fine if you fail to appear, however it is possible they issue a warrant for your arrest. This typically only happens at very high speeds, with very dangerous driving behavior or if your record is exceptionally bad. In terms of options, some recommendations include: Plea Bargains – ask a lawyer if you should pursue a plea bargain, and if successful, the charge may be dismissed or lowered to an improper driving offense. This isn’t a crime, but a civil infraction. Pleading not guilty – Virginia outlines many ways that a reckless driving arrest can take place. Drivers can challenge the evidence. As an example, if you were charged with reckless driving through speeding, a speedometer calibration can be completed to prove that you were driving within limits, and that you were not driving recklessly. The average cost of a reckless driving ticket or fine varies, but is between about $100-300. The fine is not really the biggest concern as there’s a good chance you’ll end...
