by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Appealing a Reckless Driving Conviction in Fairfax County, Virginia When a local police officer writes you a ticket for reckless driving, some of the most common questions drivers have include: What happens next? Do you simply pay a fine? The driver will need to go to court, based on the date placed on the summons. In terms of the fine, this can run anywhere up to $2,500, depending on the type of reckless driving that occurred, the driver’s history, and whether there were any aggravating incidences. There may be other consequences, such as a loss of license. The actual punishment will vary depending on a number of other factors. Many people charged elect to go to court by themselves. People who appear without lawyers are sometimes surprised that the case doesn’t go there way or the judge doesn’t take into account the factors that they were expecting. If the court appearance doesn’t end in the result that the driver was hoping for, people often ask what options are available after a less than favorable ruling. Can You Appeal A Conviction? If you are convicted, or found guilty of reckless driving in Virginia, you can definitely make an appeal, you have an absolute right to do so for any reason. The clock is ticking however, as you only have a ten-day window of opportunity to do this with the court. This appeal process is applicable to just about all criminal convictions in the state of Virginia, including reckless driving. If you pled guilty, is there still a chance to make an appeal? Speak with a lawyer, you may have already...
by admin | May 28, 2014 | Reckless Driving
What is Reckless Driving? Often categorized as driving while displaying a blatant disregard for existing traffic laws, reckless driving in the United States is a serious traffic violation. Individual states may vary on what constitutes reckless driving, and the categorizations in some states make reckless driving more serious than in others. For instance, the state of Georgia describes reckless driving as driving a vehicle in a manner that shows a “reckless disregard for persons or property.” However, laws regarding reckless driving are more serious in Virginia. Virginia Reckless Driving Qualifications Virginia law defines reckless driving as any driving “at a speed or in a manner so as to endanger the life, limb, or property of any person.” This definition means you can be charged with reckless driving even if you are going at or below the posted speed limit. A number of things can constitute reckless driving, including, but not limited to, the following: Driving that is too fast for existing conditions. Passing a school bus that is stopped while driving. Driving with a view that is obstructed. Passing another vehicle at a railroad crossing. Driving faster than 80 mph or more than 20 mph over the listed speed limit. Racing while driving. Failing to properly signal. Virginia Reckless Driving Penalties Depending on the circumstances, reckless driving in Virginia can be classified as a felony or misdemeanor, but is usually classified as a Class I Misdemeanor. Depending on the reckless driving classification, it can also stay on your record for a period of time that is either five or eleven years in length, and it is considered a six...
by admin | Feb 25, 2014 | Reckless Driving
Police are searching for unknown reckless driving suspect who posted to police Facebook page. A unknown male posted a disturbing video to the facebook page of the San Antonio Police Department. The driver who is yet to be apprehended posted a video of him driving a motorcycle reckless throughout the Texas town. The driver was wearing a video camera on his helmet. The video depicts him weaving throughout city streets. According to one police source the video shows the driver going at what appears to be speeds of over 100 miles per hour. The posting was captioned with a taunt to city police daring them to catch the suspect. Police are concerned that this sort of behavior could lead to copycat crimes. They are also very concerned that the driver could injure himself or someone else if he is not caught...
by admin | Feb 20, 2014 | Reckless Driving
In November 2012, news anchor Amanda Davis of the station WAGA, Fox 5 in Atlanta was charged with DWI and reckless Driving. She was arrested after her vehicle crashed into another vehicle in the opposite lanes of travel. Ms. Davis had been with the station for 26 years, but was suspended and later retired from broadcasting after her arrest. At trial the judge dismissed both the DWI charge and the Reckless Driving charge. She was however, found guilty of a failure to maintain lane charge. That charge is a simple traffic infraction and only carries a fine of...
by admin | Feb 19, 2014 | Reckless Driving
For many years, police throughout Virginia had ticketed drivers for reckless driving if they observed them texting while driving. However, in 2013 the Virginia legislature enacted a new driving while texting law. Under the law, texting while driving was a separate traffic infraction, punishable by a $125 fine for the first offense. It was also changed to be a primary offense, meaning officers could stop a vehicle solely on suspicion of texting while driving. The Virginia pilot newspaper talked to the Virginia DMV and was able to learn that in the six months since the statute was enacted a total of 725 individuals had been convicted under the new law. That number reflects convictions not total tickets. (under the law, guilt may be difficult to prove. The police have the burden of showing that you were actually texting. Using a GPS or starting a phone call are not illegal. Many cases may have been found not guilty or had the charges reduced.) Of the 725 tickets across the Commonwealth, 168 were in Fairfax County. According to a spokesman from the Fairafx County Police who spoke to the newspaper, Fairfax Police were responsible for 83 of those convictions. The remaining convictions were likely tickets written by other law enforcement officials throughout the County. These would include Airport Authority police, George Mason police, as well as the police in towns like Herndon, Vienna and Fairfax City. The spokesman did mention that the law doesn’t make it illegal to hold a cell phone and that it is often difficult for officer’s to determine whether someone is using the phone to text or...
by admin | Sep 18, 2013 | Reckless Driving
The criminal justice system is not a place that you want to go into unprepared. Although the purpose of the courts is to offer a fair and honest hearing of the facts of a case, it is inherently adversarial. That means the prosecutor is going to argue his side as strongly as possible and your defense attorney is going to argue your side as strongly as possible. If you do not have an experienced reckless driving attorney at your side, the balance is inherently tipped against you because the prosecutor will not lighten up on his arguments simply because your defense lacks the same punch. This adversarial system is why it is imperative that when you are charged with any crime, you consult a Virginia defense attorney immediately. At Faraji Rosenthall Law Offices, one of our specialties are Fairfax reckless driving cases. We have many people coming to us for free consultations, and many of them wind up hiring us as their defense attorneys. Here is the advice we give people to prepare for their reckless driving hearing. Know Your Driving Record The court puts a lot of weight on your driving record, because it provides evidence of your driving habits. The person who gave you the reckless driving ticket will almost certainly arrive at court with a copy of your driving record, so it’s important that you obtain a copy as well, as that will assist you and your lawyer in deciding upon a strategy for your case. Get Your Speedometer Calibrated In reckless driving charges, especially where speed was a factor, an inaccurate speedometer can persuade the...
