A conviction of reckless driving in Fairfax County is a criminal conviction and will be put on your criminal record. Expungement, also called “expunction,” is a court-ordered process, in which the legal record of an arrest or a criminal conviction is “sealed,” or erased in the eyes of the law. Once convicted, you cannot obtain an expungement to clear your criminal record of a reckless driving charge. Expungements are only available for offenses where there is actual innocence. This principle supports the reasoning why the state legislature only permits expungements for limited circumstances.
A first offense reckless driving charge in Virginia can be very worrisome because you have never been through such a charge before. You know that it is a problem by the fact that the word “reckless” sounds bad and your suspicions are in fact correct. The silver lining is that in Fairfax County one of the first things a court looks at to determine punishment is whether you have had any prior convictions for reckless driving.
Many people are surprised to learn that a reckless driving in Fairfax County, Virginia is a Class 1 misdemeanor, which means it can be punished by a fine of up to $2,500 and up to 12 months in jail. A provision of the Virginia traffic laws also allows the court to suspend a defendant’s driver’s license for a period ranging from 10 days to 6 months. In addition to the court’s penalties, reckless driving in Virginia can result in increased DMV points and sometimes increased insurance rates.
It should be noted that most people would not face an active jail sentence for a reckless driving conviction in Fairfax County unless the speed is elevated. However, everyone will face a loss of 6 points on their driving record that will stay on the driving record for 11 years. The big issue is that a reckless driving conviction will remain as a criminal conviction for a lifetime. Criminal convictions, even for misdemeanors, can have very serious consequences.
Fairfax County takes reckless driving cases very seriously. The judges certainly do and the penalties can be very significant such as jail time and license suspension. It is absolutely true that judges will incarcerate people for speeding. Sometimes that comes to a surprise for some people that were not aware of that when they get pulled over.
The penalties one would face if convicted of reckless driving will depend on a number of factors including your prior offenses, driving history, and the practices of the judge assigned to your case. You could face these possible sentences:
- Class 1 misdemeanor conviction
- Up to 1 year in jail, although not common unless you are driving an excessive speed such as more than 90 miles per hour
- Driver’s license suspension for up to 6 months if you are a Virginia resident
- Loss of driving privileges in Virginia for up to 6 months if you live out-of-state
- Fines of up to $2,500
- Six points on your driver’s license
Also keep in mind that in Fairfax County, you cannot plea bargain your case without a lawyer. It is only you, the judge and the police officer.
You should expect your traffic and criminal defense attorney to have experience in representing people who have been accused of Reckless Driving in Fairfax and Northern Virginia at these high speeds.
If you need the help of a reckless driving lawyer in Virginia in Fairfax, City of Fairfax, Prince William, Fauquier, Loudoun, Caroline, Stafford, Spotsylvania, Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren, Clarke, Shenandoah, King George, Charles City, Frederick, Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock, York, call our law firm immediately for help and speak to a lawyer about your options.
The SRIS Law Group can help you best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. reckless driving attorney in Virginia, call us at 855-696-3348.