RECKLESS DRIVING

"Leesburg Lawyer Thomas Rock aggressively defends those charged with Reckless Driving throughout the state of Virginia."

Being charged with Reckless Driving, whether in Leesburg, Fairfax, Manassas or any other Virginia jurisdiction can have serious consequences in a client’s personal and professional lives. That is why it is imperative to hire a lawyer who knows the law and has the experience to successfully defend these cases.

WHAT IS RECKLESS DRIVING?

Whether you are in Leesburg, Fairfax, Manassas or any other jurisdiction in Virginia, Reckless Driving can take many forms. Below are the most common types of Reckless Driving that are charged in Virginia.

Virginia Code Section 46.2-852(Reckless Driving; General Rule)

Known in Virginia Courts as “Reckless Driving Generally”, Virginia Code Section 46.2-852 defines reckless driving as:

“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”

46.2-852 is the broadest of the Virginia Reckless Driving Statutes and it is commonly charged in Leesburg and the surrounding jurisdictions.

Virginia Code Section 46.2-852 (Reckless Driving by Speed)

Commonly referred to as “Reckless by Speed” 46.2-852 states:

“A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.”

Whether on a small street in Leesburg or on Interstate 95, many people throughout Virginia are shocked to learn that simply driving twenty miles an hour above the speed limit or in excess of 80 miles per hour is Reckless Driving and is a criminal offense.

Virginia Code Section 46.2-860 (Failure to Give Proper Signals)

“A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop”

In addition to these three forms of Reckless Driving, there are numerous other driving behaviors that are classified in Virginia as Reckless Driving, including but not limited to:

Virginia Code Section 46.2-853 (Driving vehicle not under control; faulty brakes)
Virginia Code Section 46.2-854 (Passing on or at the crest of a grade or curve)
Virginia Code Section 46.2-855 (Driving with driver’s view obstructed or control impaired)
Virginia Code Section 46.2-856 (Passing two vehicles abreast)
Virginia Code Section 46.2-859 (Passing a stopped school bus)

RECKLESS DRIVING IS A CRIMINAL OFFENSE

As a class 1 misdemeanor, Reckless Driving is a criminal offense, and a conviction for Reckless Driving can have a devastating impact on people’s lives. Upon conviction for Reckless Driving, a client can be sentenced to as much as a $2,500.00 fine and up to 12 months in jail as well the suspension of their driver’s license.

In addition, a conviction for Reckless Driving can have a negative impact on a client’s security clearance, employment and auto insurance rates.

THE IMPACT OF A RECKLESS DRIVING CONVICTION GOES BEYOND THE COURTROOM

On July 1, 2007 the Virginia Legislature enacted what are commonly referred to as “Abusive Driver Fees” of “Civil Remedial Fees”.

For someone charged with Reckless Driving this means that upon conviction, they will be assessed an additional fee of $750.00 by the Virginia Department of Motor Vehicles. Failure to pay this fee, will result in the suspension of a that person’s driver’s license.

ARE “ABUSIVE DRIVER FEES” CONSTITUTIONAL

Leesburg Lawyer Thomas Rock has continually maintained that the abusive driver fees imposed by the legislature upon conviction for Reckless Driving are unconstitutional. This is because they are an additional punishment that is only applied to Virginia residents. As a result, the statutory scheme violates the Equal Protection Clause of the Constitution.

While the constitutionality of these fees continues to be challenged by lawyers in Leesburg, Fairfax, Manassas and across Virginia, the fees continue to be assessed unfairly against Virginia residents convicted of Reckless Driving and other motor vehicle offenses.

WHAT CAN LEESBURG LAWYER THOMAS ROCK DO TO DEFEND MY CASE?

From the moment clients first meet with Mr. Rock, he begins planning his defense strategy. He starts each relationship with his clients by determining what their needs are as individuals and then he works with them to tailor a defense strategy to best address those needs.

Having represented hundreds of clients in Leesburg and the surrounding jurisdictions, Mr. Rock possesses a vast array of tools from which he can challenge the allegations against his clients. He works meticulously to craft the best defense possible based on the facts and the law of each case.

If you are charged with Reckless Driving in Leesburg or any other jurisdiction in Virginia, Mr. Rock will work to provide you with the defense you deserve. Call him today at (703) 777-1141 to set up a free consultation.

Attorney Thomas Rock represents clients in jurisdictions across Northern Virginia including: Loudoun County, Leesburg, Fairfax, Herndon, Prince William County, Clarke County, Arlington County, City of Alexandria and Falls Church

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