Fairfax Reckless Driving Tips
If you have been charged with reckless driving in Fairfax County, here are some things you should know before going to court.
Reckless driving is a criminal charge
If you are convicted, reckless driving is a criminal conviction and will go on your criminal record. Once convicted, you cannot get an expungement to clear your criminal record of this charge.
Reckless driving stays on your DMV record for 11 years
A conviction remains on your DMV record for 11 years and carries six (6) points. The judges have no control over the points. Points in Virginia are administratively assessed by the DMV based on the conviction.
Fairfax County Courts do NOT offer driving lessons.
In Fairfax County, judges do not offer a first offender or other type of driving school program to reduce or dismiss any traffic charge. In some jurisdictions, courts will offer first-time offenders or people with good driving records the opportunity to take a driver refresher course. If an individual successfully completes this course, the charge is dismissed or reduced to a NON-CRIMINAL misdemeanor. In Fairfax, there is NO such program. Additionally, Virginia law does not allow for pretrial probation (PBJ) or other special deferrals.
Fairfax prosecutors will not speak to people who are not represented by an attorney
In Fairfax, you will not be able to talk to the officer or the prosecutor without a lawyer. It is the policy of the Commonwealth Prosecutor’s Office that it will not become involved in a case where the defendant is not represented by a lawyer. Police officers do not have the authority to negotiate a plea agreement.
Unless you risk going to jail, the Fairfax courts will not appoint you an attorney for a reckless driving charge.
Judges will not assign co-counsels to indigent defendants on reckless driving charges unless there is a possibility that they will impose a jail sentence. A very good indicator that your charge may result in jail time is that the judge will ask if you would like to have an attorney represent you or offer to appoint a public defender.
Restricted licenses are not automatic and are often not granted.
If your case in Fairfax warrants license suspension, you must apply to the court for a restricted license. To do so, you must fill out an application (Form DC-263 – Application for Restricted License). However, just because you are prepared to request one does not mean that the judge will grant it to you. And even if the judge grants it, listen carefully to what he grants. Many times, Fairfax County judges will suspend your license for 30 or 60 days, but if you apply for a restricted license, they will change the license suspension period to six months (giving you a restricted license for the entire period). Other times, the judge simply denies the application for a restricted license because he believes the case was serious enough not to warrant driving privileges.
HIRING A LAWYER
In Fairfax County, there is no better advice to give for a reckless driving charge than to hire an attorney. There are more than ten judges who regularly preside over matters in the Fairfax County Traffic Court and this does not include the many retired and substitute judges who may be called to hear traffic matters on any given day. A common saying in the legal community is that reasonable minds can and often do differ. This saying is never more true than among Fairfax County judges regarding their views on the appropriate punishment in a reckless driving case. Punishments can vary wildly between cases. The factors judges consider are speed at the time of the offence, weather conditions, traffic conditions, time of day, driving history, etc. Minor differences in any of these factors could change a case where only a fine is appropriate to one where jail time is possible. Take no chances – an experienced traffic attorney can help.
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