Caught Driving 20 MPH Over the Limit in Fairfax? Here’s Why That’s Not Just a Traffic Ticket

If you got caught speeding in Fairfax, should you just pay the ticket and move on? While this is never the right approach, this isn’t even an option if you got caught driving 20 mph over the limit or more. In this scenario, you are facing serious consequences, and you need an experienced Prince William County criminal defense attorney on your side.

Speeding 20 MPH Over the Limit is Reckless Driving in Virginia

Why? In Virginia, if you get caught driving 20 mph or more over the limit, you aren’t just facing a speeding ticket. Instead, you are most likely facing a ticket for reckless driving. Under Section 46.2-862 of the Code of Virginia:

“A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.”

As discussed in greater detail below, reckless driving is a serious offense in the Commonwealth. This means you need to handle your case very carefully and do everything you can to minimize the consequences of your ticket. If you aren’t careful, you could easily face consequences that you could—and should—have avoided, and these consequences could impact your life for years to come.

Reckless Driving is a Class I Misdemeanor in Virginia (in Most Cases)

Unlike speeding less than 20 mph over the limit, reckless driving is not simply a traffic violation. Instead, it is a criminal offense. Section 46.2-868 of the Code of Virginia states that:

“Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.”

Under Virginia law, Class 1 misdemeanors carry a fine of up to $2,500 and a maximum jail term of up to 1 year. If you get convicted of reckless driving, you can also lose your driver’s license for up to six months. On top of these penalties, you will have to pay to restore your driving privileges, and having a reckless driving conviction on your record can substantially increase your auto insurance premiums for several years. A reckless driving conviction can impact your education, your employment, and other aspects of your life as well.

Importantly, while reckless driving is a Class I misdemeanor in Virginia in most cases, there are circumstances in which it is prosecuted as a felony. Specifically, if you are being accused of causing a fatal accident while driving 20 mph over the limit and driving on a suspended license, you can be charged with a Class 6 felony.

You Are Required to Appear in Court (and Can Face Serious Consequences if You Don’t)

Since reckless driving is a criminal offense, not a mere traffic violation, in Virginia, you do not have the option to prepay your reckless driving ticket. Instead, unless you make other arrangements through your Prince William County criminal defense attorney, you will need to appear in court.

If you don’t appear in court on the date specified on your summons, this can have serious consequences as well. This is true regardless of whether you are guilty of reckless driving. If you don’t show up on your court date, you can be charged with “failure to appear,” and this is also a misdemeanor offense under Virginia law.

Defending Against a Reckless Driving Ticket in Virginia

With all of this in mind, how can (and should) you defend against a reckless driving ticket in Virginia?

The answer to this question depends on the specific circumstances of your case. If you got caught driving 20 mph over the limit and prosecutors have the evidence they need to prove it, then having your Prince William County criminal defense attorney target a plea bargain could be your best option. While there are no guarantees, prosecutors will often be willing to negotiate plea deals that reduce reckless driving charges to speeding—and this takes jail time (among other consequences) off the table.

Of course, you should not accept any consequences if you don’t have to. Even if you got caught driving 20 mph over the limit, you may still have options for fighting your reckless driving charge in court. When you hire an experienced Prince William County criminal defense attorney to represent you, your attorney will carefully review the facts of your case in order to determine what options you have available.

Can (and Should) You Represent Yourself in Court?

Let’s say you know you got caught driving 20 mph over the limit. Or, maybe you are convinced that you weren’t going 20 mph over the limit at the time of your arrest. In either of these scenarios, does it make sense to represent yourself in court?

To be clear, this is certainly an option. You have the right to represent yourself in your reckless driving case if you choose to do so. But whether you can and whether you should are different matters entirely.

Generally speaking, seeking a favorable plea deal in a reckless driving case in Fairfax requires experienced legal representation. To convince prosecutors to reduce your charge to speeding, you will need to be able to present your case effectively. Likewise, whether you are planning to fight your reckless driving charge in court or your goal is to avoid the maximum penalties that are at stake, there are several important ways an experienced attorney will be able to help you.

Get the Help You Need from an Experienced Prince William County Criminal Defense Attorney

Are you facing a reckless driving charge for speeding 20 mph over the limit in Fairfax? If so, we encourage you to contact us promptly for more information. To speak with an experienced Prince William County criminal defense attorney at Stevens Caruso in confidence, call us at 703-897-1777 or request a free consultation online today.