If you have been charged with reckless driving in Fairfax County, here are some things to know before you go to court.
Reckless driving is a criminal charge
If you are convicted, the reckless driving is a criminal conviction and will be listed on your criminal record. Once convicted, you cannot get a expungement to clear your criminal record of this charge.
Reckless driving stays on your DMV record for 11 years
A conviction stays on your DMV record for 11 years and carries six (6) points. The judges have no control over the points. Points in Virginia are administratively assessed by the DMV based on conviction.
Fairfax County Courts do NOT offer driving lessons.
In Fairfax County, judges do not offer a first offender or other type of driving school program to reduce or dismiss any traffic charge. In some jurisdictions, courts will offer first-time offenders or people with a good driving record the opportunity to take a driver refresher course. If an individual successfully completes this course, the charge is dismissed or reduced to a NON-CRIMINAL misdemeanor. In Fairfax, there is NO such program. Additionally, Virginia law does not allow for pretrial probation (PBJ) or other special deferments.
Fairfax prosecutors will not talk to people who are not represented by an attorney
In Fairfax, you will not be able to speak to the officer or prosecutor without an attorney. The policy of the Commonwealth Attorney’s Office is that it will not become involved in a case where the accused is not represented by counsel. Police officers do not have the authority to negotiate a plea deal.
Unless you risk going to jail, the Fairfax courts will not appoint an attorney for you on a reckless driving charge.
Judges will not assign co-counsel to indigent defendants charged with reckless driving unless there is a chance they will impose a jail sentence. A very good indicator that your charge may result in jail time is that the judge will ask if you would like to have an attorney represent you or offer to appoint a public defender.
Restricted licenses are not automatic and are often not granted.
If your case in Fairfax warrants license suspension, you must apply to the court for a restricted license. To do so, you must fill out an application (Form DC-263 – Application for Restricted License). However, just because you are prepared to apply for one does not mean the judge will grant it to you. And even if the judge grants it, listen carefully to what he grants. Many times, Fairfax County judges will suspend your license for 30 or 60 days, but if you apply for a restricted license, they will change the license suspension period to six months (giving you a restricted license for the entire period). Other times, the judge simply denies the request for a restricted license because he believes the case was serious enough not to warrant driving privileges.
HIRE A LAWYER
In Fairfax County, there is no better advice to give for a reckless driving charge than to hire an attorney. There are over ten judges who regularly preside over matters in the Fairfax County Traffic Court and this does not include the many retired and alternate judges who may be called upon to hear traffic matters on any given day. A common saying in the legal community is that reasonable minds can and often do differ. This saying is never more true than among Fairfax County judges regarding their views on the appropriate punishment in a reckless driving case. Punishments can vary greatly between cases. Factors judges consider are speed at time of violation, weather conditions, traffic conditions, time of day, driving history, etc. Minor differences in any of these factors could change a case in which only a fine is appropriate to one in which jail time is possible. Play it safe – an experienced traffic attorney can help.
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