Reckless Driving is not just another speeding ticket. Reckless Driving is a criminal offense - a Class 1 misdemeanor. A Class 1 misdemeanor is the most serious type of misdemeanor in Virginia. The next more serious offense is a felony. Other Class 1 misdemeanors include assault and battery, possession with intent to distribute marijuana, DUI/DWI, prostitution, theft, credit card fraud, and sexual battery. The most common forms of Reckless Driving charged in Fairfax County, Virginia are 46.2-862 and 46.2-852 - read more about what these law sections say.
You Will Have a Permanent Criminal Record for Life If Convicted.
In Virginia, criminal convictions are for LIFE. While a criminal traffic charge may drop off of your DMV record after 11 years, it will NEVER be removed from your permanent criminal record with the FBI. If convicted, you will have a permanent criminal record for life (maintained by the FBI as part of their National Crime Information Center-NCIC). You cannot ever expunge or seal a conviction in Virginia.
In addition to the stigma of being branded a "convicted criminal", you will face:
the potential inability to obtain a job that requires a criminal background check;
increased life insurance and automobile insurance rates (some insurance companies now triple the auto insurance rates of those convicted of reckless driving - as much or more than for those convicted of a first DUI);
possible security clearance issues; and
difficulty traveling abroad.
The list goes on and on. Any time a person with a reckless driving conviction receives a traffic infraction in the future, the officer, prosecutor, and judge will know about the prior conviction and the driver will receive little courtesy, possibly no reduction, and will likely be treated harshly. A reckless driving conviction has the potential to cause lifelong adverse consequences. Learn about the 5 mistakes that will SINK your Fairfax Reckless Driving case.
What Punishments Can the Judge Impose?
Virginia law provides that reckless driving, even as a first offense for someone with a perfect record, is punishable by up to 12 months in jail, a $2,500 fine and a six month license suspension.
In cases where the speed is excessive or there is actual reckless behavior (tailgating, excessive lane changes, failure to use signals), some judges impose active incarceration, even if you have a clean driving record.
Moreover, the license suspension is significant. Under Virginia law, the suspension, if imposed, has to be for a minimum of 60 days.
Do Not Make a Bad Situation Worse By Hiring the Wrong Attorney
Who you hire as a Reckless Driving attorney can be the single greatest factor that affects the outcome of your legal situation. Unfortunately, it is very difficult for a person charged with reckless driving to evaluate what attorney to hire. As explained on this site, there are many firms and attorneys that will be marketing themselves to you.
You absolutely must make an informed decision about who you select as your Fairfax Reckless Driving lawyer.
Hire the Attorney Who Prosecuted Reckless Driving in Fairfax County.
There is a considerable advantage to having a former Fairfax County prosecutor handle your Fairfax reckless driving case.
Kyle G. Manikas handled thousands of reckless driving cases as a prosecutor in Fairfax County. This is why his reckless driving practice is limited to Fairfax County.
This experience provides attorney Manikas with an in-depth understanding of how these cases are handled from the inside out.
As a former Fairfax County prosecutor, Kyle G. Manikas knows how Fairfax prosecutors and police are trained and how a case is prepared and tried to a judge or jury. He is also familiar with the internal pressures and decision-making process that prosecutors and police face. It is an inside understanding of the system you will face.
Having come from this system, attorney Manikas has a good, solid working relationship with police officers, current prosecutors and court personnel. These relationships are critical to ensuring that your case is handled properly and resolved in the best possible way.
The experience that attorney Manikas has on both sides of the system in Fairfax gives him knowledge and experience that cannot be gained by an attorney who has spent their entire career on only one side of the legal equation. It is a perspective that has worked to the advantage of many of his former clients.
Attorney Manikas appears in Fairfax courts on a daily basis dealing with the same judges and prosecutors that will handle your case.
Call to schedule a free consultation with Kyle G. Manikas. Mr. Manikas will analyze your Fairfax case from the perspective of a former prosecutor who has an inside understanding of the Fairfax system you will face.
Manikas Law LLC
10513 Judicial Drive, Suite 203
Fairfax, VA 22030
Description: The Virginia Legislature has criminalized simple speeding in Virginia. However, experienced Fairfax Reckless Driving Attorneys can provide options for avoiding
Description: Only represented defendants charged with reckless driving have the opportunity to resolve their case with the prosecutor
Description: Virginia reckless driving 46.2-862 makes speeding at 20 miles per hour or more above the speed limit, or anything above 80 miles per hour, a criminal offense.
Description: A Virginia Reckless Driving conviction will come off of your DMV record after 11 years but will never be removed from your NCIC criminal record.