What To Expect From a Reckless Driving Case in Fairfax
If someone’s charged with reckless driving in Fairfax, they’ll be given a court date at which they must appear. It will be one of the officer’s court dates meaning the officer will handle all his cases that day. In many jurisdictions, the prosecutors get involved in reckless driving cases meaning if you have an attorney they can speak with the prosecutor about your case.
If you don’t have an attorney, you’re going to appear before the judge on your own to try to convince the judge not to find you guilty or to give you lesser penalties. If you do that, you are simply at the mercy of the court.
Jail Time in Reckless Driving Cases
In most reckless driving cases, people are issued what’s called a summons. They have to appear to court on a certain date. They’re not actually arrested or booked or given a bond in reckless driving cases. This is honestly better for the person charged because it’s treated more like a traffic offense than an actual criminal misdemeanor offense at the time the charge is issued. But it is possible, whenever someone’s charged with a misdemeanor, that they could be arrested.
Burden of Proof
If it’s a reckless driving by speeding case, they need to be able to prove beyond a reasonable doubt that you were driving 20 or more miles over the speed limit or 81 miles per hour or more. In order to do that, they usually have calibrated equipment, usually a LIDAR or a radar. They use that to show that the equipment they used to measure your speed was accurate at the time of the offense. They also have to provide information identifying you in the vehicle and why they pulled you over.
In another type of reckless driving case, they have to be able to show beyond a reasonable doubt exactly what you were doing put someone in danger of their property or their person being injured.
There’s a wide variety of different types of driving behavior that could fall under that but the officer will have to present evidence beyond a reasonable doubt that you engaged in that behavior and you did so recklessly.
Reckless Driving Myths
Many people believe that you just go to court and pay a fine like a typical speeding ticket. In reality, it’s far more serious than a typical speed ticket. It’s on your driving record much longer and on your criminal record permanently. It can have a major effect on your ability to drive in Virginia. It can have a major effect on your insurance premiums—much more so than a typical speeding ticket.