Top 3 Tips for Fairfax County Reckless Driving (by speed) Ticket
Whether you have been charged with going 50mph in a 25 mph zone or 101 mph on the highway, the following tips will help your case.
Radar is beatable.Many clients come to me after they have been charged with reckless driving. The stories are very similar: they were on a highway and the police officer stopped them; he was on the side of the road in his car; and they have to beat the charge because they have a security clearance, or they are public servants who cannot have any criminal charges, or they don't want to have a misdemeanor on their criminal histories. Whatever the case they are right and there may be a solution. Radar can be beat. VA Code 46.2-882 states that radar may be used to determine the vehicles speed but the radar device must be calibrated and the calibration certificate must show the calibration or accuracy of "(i) the speedometer of any vehicle, (ii) any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any laser speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated." If the certificate is older than 6 months it is not valid and the speed reading will be excluded from evidence.
Speeding over 90 MPH may land you in jail unless...Fairfax County will consider jail time at around 90 MPH. When a client hits 100 MPH, he will probably be sent to jail unless he can prove to the court that he was not speeding at such an excessive speed (radar defense, or speedometer calibration, etc.) or that his culpability was slight as to justify the judge or the prosecutor reducing the charge from reckless driving to improper driving. Improper driving is not a misdemeanor but rather a traffic infraction and instead of the 6 demerit points that accompany a reckless driving charge, improper driving only carries 3 demerit points. Always seek to reduce the reckless driving charge to an improper driving infraction either through negotiations and plea agreement, or by hiring an attorney and fighting the charge.
Character Letters, Reference Letters, and Employment LettersCharacter and reference letters are really important to the judge. Prosecutors don't really care about letters. Some prosecutors are really proactive but many I have found simply do not care. The judge however really cares about character and reference letters. Not only do the judges read them, they consider them carefully and give weight to letters during sentencing. Your position in court may be greatly improved if you can have friends, family, and others write letters on your behalf. Letters give the judge a better sense of who you are, why you are important, why he shouldn't punish you so severely, and why someone like you does not deserve to go to jail, lose their license, or get any punishment other than a steep fine.