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Criminal Defense Lawyer

Stafford County Reckless Driving

When a traffic violation goes beyond mere civil infraction to a criminal misdemeanor charge, you need an experienced Stafford reckless driving attorney in your corner. As a misdemeanor offense, reckless driving can yield serious consequences for those convicted:

  • Fine of up to $2,500 (plus additional court costs)
  • License suspension of up to 6 months, but in some cases even more
  • Conviction carrying negative 6 points on Virginia DMV record that lasts 11 years
  • Jail sentence of up to 1 year
  • Permanent criminal conviction record

As a Class 1 misdemeanor, its punishments mimic other misdemeanor offenses such as assault and battery, DWI, petty theft, and domestic violence. It is a criminal offense which carries the same consequences as other general criminal acts. If you have been charged with a traffic crime, your best defense is at the hands of an experienced traffic defense attorney to help represent you. This is true even if you have been charged in another part of Virginia.

Reckless Driving Charges in Stafford County

Virginia traffic laws are among the most stringent in the nation. In Stafford County, there are harsh penalties for traffic offenses considered to be reckless driving. Common forms of reckless driving  include but are not limited to:

  • Speeding in excess of 80 mph, regardless of the posted limit
  • Speeding 20 mph or more above the posted limit
  • Racing
  • Unsafely passing a stationary emergency vehicle
  • Unsafely passing a stopped school bus
  • Unsafely passing on the crest of a hill
  • Passing at a railroad crossing
  • Passing beside vehicles in the same lane

Defense Strategies for Reckless Driving Charges

Reckless driving charges in Stafford County can have serious consequences, including fines, license suspension, high DMV demerit points, and even jail time. One common defense strategy is challenging the accuracy of the speed measurement device used by law enforcement. This might involve questioning the calibration and maintenance records of radar or LIDAR equipment. Another strategy is to argue that the driving behavior, although risky, did not rise to the level of recklessness as defined by Virginia law. Legal defenses might also include proving the driver had a valid reason for their actions, such as a medical emergency. Additionally, procedural errors made during the traffic stop can sometimes result in a reduction or dismissal of charges. Understanding and leveraging these defenses requires a thorough knowledge of the relevant statutes, such as Virginia Code § 46.2-852, and relevant court opinions interpreting those statutes in different situations.

How Is Reckless Driving Determined?

While some of these serious traffic violations have concrete elements, others such as reckless driving “generally” or “driving too fast for road conditions” are more subjective and situational. Regardless of the offense with which you have been charged, a qualified legal professional will evaluate your case to find the strongest defense and mitigation options.

If you are charged with reckless driving in Stafford County, your case will likely be heard at the Stafford General District Court, located at 1300 Courthouse Road in Stafford, Virginia. We are experienced in the local court as well as in District Courts throughout Virginia. We will handle your defense for pursuing the best result, working to obtain a dismissal or acquittal if possible, or alternatively  have your charges reduced to a minimal civil traffic violation that does not carry permanent, heavy penalties.

Northern Virginia Criminal Defense Group

Northern Virginia Criminal Defense Group
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Northern Virginia Criminal Defense Group
891C Harrison Street SE
Leesburg VA 20175
Times: 7am to 11pm - Mon to Sun
Northern Virginia Criminal Defense Group
32 Waterloo St
#301

Warrenton VA 20186
Times: 7am to 11pm - Mon to Sun
Northern Virginia Criminal Defense Group
9119 Church Street
#14

Manassas VA 20110
Times: 7am to 11pm - Mon to Sun
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