Traffic Violation Lawyer Fairfax, VA
OVERVIEW OF TRAFFIC VIOLATIONS IN VIRGINIA FROM A TRAFFIC VIOLATION LAWYER FAIRFAX VA
What to Do if Charged with Reckless Driving: a FAQ Introduction
Reckless driving is a serious offense, and if you have been charged with this infraction, it is pivotal to work with an experienced Fairfax, Virginia traffic violation lawyer in order to protect your rights. Many drivers don’t realize that there are many nuances that distinguish a reckless driving violation from other forms of traffic law violations. What makes reckless driving a more serious infraction than negligence-based violations of traffic law? The answer to this question is complex and varies depending on the state that a motorist is driving in.
What behaviors are classified as reckless driving?
Reckless driving is an umbrella term that generally describes the operation of a vehicle with a blatant and willful disregard to the safety of others. It is worth noting that this definition is more nuanced under Virginia law. The legal team at May Law, LLP can help to explain why and how reckless driving is treated somewhat differently when a motorist is charged in Virginia. Some broad examples of reckless driving include:
- Texting or talking on the phone
- Eating or engaging other types of distracted driving
- Drunk driving or driving while intoxicated
- Driving 25 mph over the marked speed limit
- Driving a vehicle that is known to be faulty
- Failure to yield right-of-way
- Passing illegally, i.e passing a stopped school bus
- Not using proper signals
- Running a stop sign or a red light
- Evading a police officer after they have signaled for you to move over
- Refusing to yield for emergency vehicles
- Road rage
- Racing with other drivers
- Weaving in and out of traffic at high speeds
That being said, you may have been charged with an infraction that is not on this list. These are just some of the most common examples of traffic infractions that drivers are charged with. No matter what occurred that resulted in a reckless driving citation, it is important to seek legal guidance from a Fairfax, VA traffic violation lawyer immediately in order to build a strong defense.
What are some possible penalties?
Depending on the severity of your case, you may face fines, points on your license, a suspended license, jail time, and/or additional consequences. You may also be required to take counseling courses or complete a certain amount of community service hours. Some of these consequences may seem minor, but they can impact your life for years, even after you have paid fines or served jail time. It can affect how you are able to get employment, impact your family or social relationships, and how you are able to spend your time. It is partially because a reckless driving citation may impact your life on numerous levels that it is important to begin building a defense with the assistance of a Fairfax, VA traffic violation lawyer right away.
You should not wait to seek the help of a lawyer who can help you figure out your next steps. A lawyer needs enough time to gather information and evidence to construct your case argument so that you have the best possible defense. With each passing day in which you don’t take action, it only makes it more difficult for a lawyer to build your defense.
FAQs About Traffic Violations
How Fast Do I Have To Drive in Virginia To Be Charged With Reckless Driving?
Reckless driving in Virginia depends on the road where you’re driving. Going 20 mph or more over a listed speed limit is always considered reckless driving. If you’re on a highway with a posted speed limit of 55 mph, you can be charged for reckless driving at 75 mph or above.
There is another important factor to consider. In Virginia, any speed above 85 mph is automatically considered reckless driving, no matter the posted speed limit. On interstate highways such as I-64, I-81, I-95 or I-85, the speed limit is 70 mph. You can be arrested even if you’re only going 16 mph above the speed limit while passing.
There may be mitigating factors in play. For example, what should a husband do who is rushing his wife to the hospital emergency room? A traffic violation lawyer in Fairfax, VA, can help you put together a strong case in these situations.
How Does a Reckless Driving Charge Affect My Driver’s License in Virginia?
The penalties for reckless driving charges and other misdemeanors depend on the circumstances. You can have your license suspended for up to six months. One of the ways a traffic violation lawyer in Fairfax, VA, can help is by convincing the judge to reduce a lower suspension time or impose alternative penalties, such as a restricted license that lets you continue to commute to work.
When driving violations involve felonies, the effect on your license can be more severe. You can lose it for up to three years.
Felony charges can appear if you’ve been charged in the past for DUI or DWI. Talk with our team at May Law right away if you’ve been charged with a felony. We may be able to reduce the charge to a misdemeanor and help you get your license back.
How Accurate Are Speed Detection Devices?
There are several ways police officers check the speed of passing vehicles. Modern devices are highly accurate but vulnerable to human error. Officers need an unobstructed line of sight and must hold the device steady for several seconds to get an accurate reading.
A traffic violation lawyer in Fairfax, VA, may be able to fight charges if the police didn’t follow proper protocol or if devices have a history of incorrect readings. At May Law, we can analyze your case and show you your available options for fighting traffic violations.
Do’s and Don’ts of Traffic Law in Virginia
Being ticketed or arrested for traffic violations can be an overwhelming experience. You may not know why you’re being ticketed or arrested because your nervous system is working on overdrive, clouding your thinking. Here are some do’s and don’ts from May Law to get you through the process more easily.
Do Be Polite
When you’re interacting with the police and the courts, always be polite. Be courteous. Show the other person that you’re willing to comply with their instructions. Police officers often write in their reports whether you were polite and cooperative or belligerent and rude. Acting in accordance with officials can go a long way to reducing the fines, jail time or license suspension you may be facing.
Do Write Everything Down
As soon as you’re able to do so, write down everything that happened. Ask the police officer for the proper spelling of their name and their badge number. Write down what you were doing when you were pulled over. Make note of where you were coming from and where you were going. You want to write everything down so your emotions don’t overwhelm you, causing you to lose sight of important details.
Do Be Prepared
When you go to court for your traffic violation, be prepared. Even if you don’t work with a traffic violation lawyer in Fairfax, VA, you can still look up the infraction you were charged with and what its potential sentence looks like. Pay attention in court to other cases that may be similar to yours. If someone else gets a reduced sentence, make note of what happened that made that possible.
Don’t Pay the Fine
You may be tempted to pay the fine to avoid having to go to court at all. Paying the fine would help you avoid the need to go to court. But it wouldn’t prevent demerit points from being assigned to your license. With enough demerit points, your license could be suspended. A traffic violation lawyer in Fairfax, VA, such as May Law can help you figure out how many demerits you have, how many you could receive for your traffic violation and how long your license could be suspended.
Don’t Try To Go It Alone
Traffic law is complicated and can feel daunting to try to deal with on your own. Hire a traffic violation lawyer in Fairfax, VA, to help you weave your way through the maze of violations, demerit points, fines, jail time and license suspension. Your attorney is your advocate and your partner in successfully defending yourself in a court of law.
How can a lawyer help me?
The laws related to reckless driving can be complex, and a Fairfax, VA traffic violation lawyer will be able to help you through every step of the way. They will act as your legal voice and advocate throughout the legal process. If you have been charged with a reckless driving charge, do not hesitate to contact our office today. It is imperative that you treat this charge seriously and act quickly to preserve your legal options.
Some people who are charged with a traffic infraction think that the charge is minor enough where they can handle it on their own. They believe that a traffic violation does not carry the same weight as more serious infractions, so they think they are likely to evade the worst consequences. However, traffic infractions should always be taken seriously. It will be a part of your record, and the penalties can be costly. There is no guarantee that you will only get light penalties. If you attempt to deal with a traffic violation on your own, your chances of success may be significantly lower than if you had hired a lawyer to assist you.
Do not take this risk. Contact a lawyer right away if you are facing a traffic violation.
Did you know that Virginia has some of the strictest traffic laws in the country? Were you aware that some traffic violations in Virginia are a Class 1 or Class 2 Misdemeanors and as such are considered criminal offenses with possible jail time? If you’ve been cited for speeding, reckless or aggressive driving, or maybe even hit & run, you need an experienced traffic violation lawyer Fairfax VA on your side! Don’t hesitate. Waiting to explore your legal options can cost you. Call May Law LLP now at (703) 312-0410 to schedule your free consultation with a traffic violation lawyer Fairfax VA! Our knowledgeable traffic violation lawyer Fairfax VA can help you prepare the best strategy to handle your case and achieve the best possible outcome, given your circumstances.
If a charge has been brought against you, it is better to be informed of your legal rights as early as possible so that you can find out your next steps.
Traffic violations in Virginia include speeding, reckless driving, aggressive driving, hit & run, and DWI/DUI. Our traffic violation lawyer Fairfax VA have successfully handled hundreds of traffic and criminal cases in Virginia courts since 1995. Our traffic violation lawyer Fairfax VA will defend your rights with passion, expertise, and skill.
A traffic violation lawyer Fairfax VA knows that in Virginia, basic speeding law prohibits driving at a speed greater than is reasonable under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit. This means that safe speed is determined by certain conditions (such as weather and/or time of day) and not necessarily the speed limit itself. While it may be safe to drive 55 mph on a dry road in the middle of the summer, it could be very dangerous to drive at the same speed on a dark snowy winter night.
Speeding is usually a traffic infraction, punished with a fine and court costs. Even though it may seem like a minor traffic offense, speeding violations should be taken very seriously. Though your initial fine may seem small, you may have to pay more in other areas that you did not expect. Virginia DMV usually assesses demerit points against the driver, which in turn increases car insurance rates and, in some cases, causes cancellation of the insurance policy altogether. In extreme circumstances, a driver’s license may be suspended or revoked, based on the accumulated number of demerit points. These are just a few of the consequences that can occur following a speeding ticket. Make sure to contact a traffic violation lawyer Fairfax VA immediately when cited with a speeding offense!
In Virginia, aggressive driving is a Class 2 Misdemeanor. It is a criminal offense punishable by up to six months in jail and a fine of up to $1,000. If convicted, aggressive driving creates a life-long criminal record. A traffic violation lawyer Fairfax VA may be able to help convince a judge to reduce or dismiss the aggressive driving charge, especially when you have a good driving record, and this is your first “aggressive” traffic incident. Call May Law to discuss your options right away!
Aggressive driving involves driving in a way that intimidates, harasses, or injures another person (or people). Some examples of aggressive driving are following too closely, improper passing, weaving in and out of traffic, failure to give way, and speeding with the intent to harass or intimidate another person. To be convicted of aggressive driving, it must be proved that 1) a person is guilty of at least one specific traffic violation (such as failure to obey traffic signs or to maintain a safe distance when driving behind another car) and 2) a person was a hazard to another person or committed a given traffic violation with the intent to harass, injure, or intimidate another person. When you hire May Law as your traffic violation lawyer Fairfax VA, our team will provide a strong defense by challenging the often-subjective reasons of why the alleged aggressive driving was committed. Don’t get stuck in jail! Contact our traffic violation lawyer Fairfax VA for a free consultation now!
What Does Reckless Driving Mean?
If you have recently been cited with reckless driving, you may have questions about what this turn of events means both legally and practically. All drivers make mistakes. But it is important not to respond to a reckless driving charge with the same “oh, these things happen” approach as you might if you had been charged with negligent driving. What is the difference between reckless driving and negligent driving? The answer to this question may surprise you. Whether this is your first driving infraction or your ninth, it is important to speak with an experienced Fairfax, Virginia traffic violation lawyer about your situation. The potential consequences associated with a reckless driving conviction are serious and should not be approached lightly.
Reckless Driving – The Basics
In most contexts, negligent driving refers to behaviors that are careless and potentially unsafe. These infractions are generally treated as civil violations and usually result in a simple fine. By contrast, reckless driving is often defined by willful or wanton disregard for the safety of those who may be affected by your driving behavior. It is characterized as an intentional act. The highly specific definitions of reckless driving (and the potential consequences tied to such offenses) vary from state to state. Understanding these nuances in state laws can be difficult and they are not always clear. But in every state, reckless driving is treated much more seriously than negligent driving behaviors are. It is partially for this reason that it is so important to speak with an attorney if you have been charged with a reckless driving offense.
Speaking with a Fairfax, VA traffic violation lawyer as soon as you have received a reckless driving citation will allow you the best possible opportunity to mount a successful defense. There are defensive strategies that an attorney can use in order to get the charges against you dismissed or reduced. They may be able to notice details in your case that you are not aware of. When a strong legal strategy does not result in outright dismissal, an experienced attorney can help to mitigate potential consequences associated with a reckless driving infraction whenever doing so is possible. They have the specialized skills and experience to come up with a legal strategy so you do not have to suffer the most extreme consequences. Please don’t hesitate. Seek necessary legal guidance and support now in order to avoid significantly negative legal consequences later.
Legal Assistance Is Available
If you have been charged with reckless or negligent driving, please do not wait to contact a Fairfax, VA traffic violation lawyer. While a traffic citation may not seem like an insurmountable challenge, the potential consequences associated with a reckless driving conviction could impact your life in many ways for years and years to come. It is not only a simple inconvenience, it can be detrimental to your daily life. A traffic violation is not always easy to recover from. As a result, it is important to treat traffic infractions seriously, especially if they have been classified as reckless or could be “bumped up” from a negligence-based offense to a reckless driving offense due to aggravating factors. You should not take your legal rights for granted. Talk to a lawyer so that you can maximize your chances of getting a desirable outcome. Speaking with a Fairfax, VA traffic violation lawyer as soon as you have been cited can help you to preserve your legal options. Doing so will also give your attorney as much time as possible to craft a strong legal defense on your behalf. Being cited for reckless driving can be disorienting. But please do not let the shock keep you from contacting a member of the May Law, LLP legal team today.
Top 4 Traffic Violation Myths
When it comes to traffic stops, you probably have heard many different stories. People may be full of advice about getting out of a ticket, but how do you know the information is accurate? A lot of misinformation spreads about traffic tickets, so it is always safer to ask for the advice of a traffic violation lawyer in Fairfax VA.
You Can Speed While Passing
Many people believe if others are speeding, they can also speed. For example, if the speed limit is 60 MPH but the majority of traffic is moving at 70 MPH doesn’t mean you won’t receive a ticket if an officer pulls you over.
Likewise, many drivers claim they can speed as long as they pass. No matter the reason you want to pass, you have to continue to drive the speed limit. No matter the reason, if you speed, an officer can pull you over.
Red Cars Attract Tickets
One of the most common misconceptions is that red cars attract police. No evidence shows a bias towards car color. Those who drive a red car are no more likely to receive a ticket than someone who drives a white or gray vehicle. While a bold car may be more noticeable, it doesn’t mean that it’ll receive more attention from the police. If you think the color of your car had an impact on your ticket, discuss your theories with a traffic violation lawyer in Fairfax VA.
Officers Have to Show Up
If the officer who ticketed you doesn’t show up at court, it doesn’t mean that you’re going to get out of a ticket. An officer has to show up only if you appeal the initial trial. If you want to fight a ticket, you should always have a defense rather than counting on the officer being absent.
Police Make Stops Due To Ticket Quotas
You may think that the only reason an officer pulled you over is that he or she had to make a ticket quota. Most departments do not have a quota and those that do, have such a limited quota that they do not need to scramble at the end of the month to reach the limit.
Be careful not to trust when people say it’s easy to get out of a ticket. Without knowledge about the law or process, you could find yourself paying heavy penalties. Instead of facing the ticket alone, you may need the assistance of a traffic violation lawyer in Fairfax VA.
Under the Virginia State Code Section 46.2-852, reckless driving is driving in a manner that 1) is reckless, 2) endangers the life, limb, or property of another person, or 3) is at a high speed. In Virginia, reckless driving is a Class 1 Misdemeanor, which is a criminal offense. The penalties include up to 12 months in jail, maximum of $2500 in fines, suspension of driving privileges for up to 6 months, and having 6 demerit points assessed to a driving record. If you’ve been cited with a reckless driving offense in Virginia, our traffic violation lawyer Fairfax VA can help you! Don’t wait!
A conviction of reckless driving in Virginia may have long-term consequences. To learn more about reckless driving, please read our RECKLESS DRIVING OVERVIEW IN VIRGINIA FROM A TRAFFIC LAWYER FAIRFAX VA. Remember, May Law can help you fight a conviction that could alter your life forever!
HIT AND RUN
In Virginia, failure to provide (exchange) certain information after an accident and instead fleeing the scene is considered a serious criminal offense. Hit and run is classified either as a misdemeanor or a felony, depending on the amount of property damage and/or any bodily injury. For example, if the property damage is less than $250, the offense is a Class 4 Misdemeanor punishable usually by a fine. If, on the other hand, the property damage is more than $1,000 and/or someone was injured, the offense is a Class 5 Felony for the driver and Class 6 Felony for the passenger! A Class 5 Felony is punishable by up to 10 years in prison and a Class 6 Felony by up to 5 years. Such a serious offense requires an experienced and highly knowledgeable traffic violation lawyer Fairfax VA! A traffic violation lawyer Fairfax VAwill try to mitigate any possible conviction, fight to keep your driver’s license from being suspended, and minimize any possible penalties. May Law LLP will help you understand your rights and help you defend your freedom!
“Both Mike and Amelia were very understanding and supportive during my Family Law situation. They are superior in Family Law knowledge and worked their absolute best to make sure I was kept informed at every step in the process and that I understood my legal rights. Never ever did I feel like I was alone in my difficult situation because they both are caring and compassionate in their work and to the people they represent. “
If you were charged with a traffic violation in Fairfax VA, you should take is very seriously. Contact our traffic violation lawyer Fairfax VA to set up a free, no further obligations consultation. Call May Law at (703) 312-0410 and start to defend your case!