Legal Question in Traffic Law in Virginia

Reckless Driving out of state

I live in Maryland but recived a reckless driving ticket on Highway 66 in Fairfax County Virgina for going 89 in a 55 (it was about 4:45am). I have had no tickets in the last 3 years and my driving record is pretty good. My question is what will most likley happen, will I get a fine, loose my license(even though I live in Maryland) or spend some time in Jail? I don't mind paying a fine or even spending a day in jail, I messed I know there has to be some type of punishment, I just don't want to loose my license for 6 months. What will most likley happen and how much will getting the help or a lawyer really do me, is it worth the money I am going to have to pay the lawyer?


Asked on 2/04/05, 6:12 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Reckless Driving out of state

You should retain defense counsel to represent

you in this matter since reckless driving is a jailable offense(Class 1 misdemeanor) in the Commonwealth. This attorney should be familiar

with the operational protocols of Fairfax County General District Traffic Court and should be able to ensure that you are able to maximize your chances of escaping from this charge with minimum consequences which could take the form of direct penalties or sanctions imposed by the court if you are convicted or could be indirectly manifested in higher insurance premiums for you to pay or, perhaps, even a job application which you submit but which is not successful for reasons which are never fully explained.

You should look upon retaining this kind of defense counsel as a kind of short term insurance to protect your long term future and, generally, money spent for this kind of legal representation is well worth it.

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Answered on 2/04/05, 6:56 pm
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Reckless Driving out of state

Every case is governed by the specific facts of that case. Without knowing the full facts of your case, Here are some general things you should know. It is the general practice of Fairfax County to ask for Jail time in cases where the speed exceeds 90 miles per hour in a 55 mile per hour zone. Cases with demonstrated speeds between 85 and 90 are usually not reduced, and are generally chraged as Reckless Driving. Virginia does not have the power to suspended a Maryland Driver's license, only to ban you from driving in the State of Virginia. I'd be prepared for a large monetary fine. The maximum legal fine is $2500 but I'd set aside about $500 for the fine. I'd also highly suggest completing a driver's improvement course. The Fairfax county ASAP program runs a very good course if you are so inclined. Lastly, you should strongly consider obtaining counsel, as they can help you review the facts of your specific case and help you determine if you have any defenses or mitigating circumstances.

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Answered on 2/08/05, 8:47 am


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