Burke Reckless Driving Defense Attorney

When drivers are pulled over and issued traffic tickets, these cases will often involve simple violations like speeding or running a red light. However, some cases may involve charges of reckless driving, which are treated more seriously than basic traffic infractions. In Burke, Virginia, a person may be pulled over on the Fairfax County Parkway, Old Keene Mill Road, or other local roads or highways, and they may be accused of a serious traffic offense that could lead to criminal charges.

Understanding how to defend against charges of reckless driving is not always easy. Representation from a criminal defense lawyer who has experience with these types of cases can help a person determine the best ways to resolve a case successfully. At Noorishad Law, P.C., we can help drivers who have been arrested in Burke or other parts of Fairfax County understand their best options for defense. We will work to achieve a dismissal or a reduced charge that will help a person keep their driver's license and avoid serious penalties.

How Reckless Driving Is Different From Ordinary Traffic Violations

Most traffic violations in Virginia, such as speed limit violations or failing to signal correctly, are classified as infractions. They will usually lead to fines, as well as demerit points on a person's driver's license. However, they will not result in a criminal record. Reckless driving is different. Because these offenses are typically classified as Class 1 misdemeanors, a conviction can lead to much more serious penalties.

The difference between a traffic infraction and reckless driving often comes down to the level of danger caused by a person's alleged actions. In general, reckless driving involves actions that put people or property at risk of harm. Simple carelessness is usually not enough to qualify a violation as reckless driving. A prosecutor will need to show that a person's conduct led to a real risk of harm or showed that they disregarded the safety of others.

Penalties for Reckless Driving in Virginia

As a Class 1 misdemeanor, a reckless driving offense could result in a person being sentenced to up to 12 months in jail. Fines may also be charged, and they may be as high as $2,500. Jail time is not a requirement for a person convicted of reckless driving, but a judge may be more likely to sentence a person to jail if they allegedly engaged in dangerous behaviors such as driving at an extremely high speed or if they caused an accident.

Charges When Reckless Driving Results in Injuries

When reckless driving allegedly led to a crash that injured someone, prosecutors may push for harsher sentences. A judge may be more likely to impose jail time in cases where a person's actions allegedly led to serious injuries. If a crash took place while a person was allegedly involved in a street race, and someone was seriously injured, Class 6 felony charges may apply, and a person may face a sentence lasting for up to five years in prison.

Reckless Driving Accidents Resulting in Death

A fatal crash can lead to even more serious charges related to reckless driving. In these cases, vehicular manslaughter charges may apply. Manslaughter is a Class 5 felony with penalties that may include up to 10 years in prison. If a death allegedly occurred because of street racing, a person may face a sentence of up to 20 years.

Common Reasons for Reckless Driving Charges

Some of the situations where people may be arrested for reckless driving include:

• Aggressive or Erratic Driving: A person may be accused of weaving across the road and cutting other drivers off, or they may face charges of reckless driving related to tailgating or other aggressive behavior.
• Driving Too Fast for Conditions: Drivers may be accused of traveling at unsafe speeds in dangerous conditions. Even if a person did not violate the speed limit, they may be accused of driving at unsafe speeds during heavy rainstorms, in thick fog, when roads are snowy or icy, or in a construction zone.
• Unsafe Passing: In certain locations, passing is prohibited due to a person's inability to see approaching traffic. Charges may be based on claims that a person passed another vehicle on a hill, when going around a curve, at a railroad crossing, or in another unsafe location.
• Passing a Stopped School Bus: Charges may apply when drivers have been accused of failing to stop for a school bus when required. This includes situations where children are boarding or exiting a bus or any other time when a bus's red lights are flashing.
• Street Racing: Drag racing or unsafe forms of "exhibition driving," such as peeling out, drifting, or doing donuts, can lead to criminal charges related to dangerous driving.
• Excessive Speed: Certain speed limit violations may be classified as reckless driving. A person may face charges if they allegedly violated the speed limit by 20 miles per hour or more. Driving at least 85 miles per hour in any location can also lead to criminal charges.