Fairfax General Rule Reckless Driving Charges

In Fairfax, general rule reckless driving is very commonly charged, second only to reckless driving by excessive speed. As a result, it is important to hire a lawyer when facing these charges because the consequences of a conviction are incredibly serious. Reckless driving is a criminal offense and it is important to thoroughly evaluate the facts underlying the charge, and to figure out the most effective way to fight the allegations in court.

A Fairfax reckless driving attorney can help a defendant find the most effective defense, and working with a Fairfax reckless driving lawyer is the best way to ensure that the defendant has a fighting chance to beat the charge, or have it reduced to something less severe. If the facts are bad, and it is not possible to have the charge reduced, a Fairfax based reckless driving lawyer can still negotiate what the final punishment will be; making that it is as manageable as possible for the defendant.

Dangerous Driving and Reckless Driving

An officer can issue a driver a summons if he believes their driving was dangerous, even if it did not fall into any specific reckless driving categories. In court, the officer will have to prove that the driving was dangerous enough to present a risk to life, limb or property and he must prove this beyond a reasonable doubt. Issuing a citation is the easy part, but proving it is the real challenge.

A Fairfax general rule reckless driving charge is different because it is a lot broader than other reckless driving charges and there is a lot more room for interpretation and opinion than in most other types of reckless driving cases. Sometimes, this can make it harder for an officer to prove the case.

Evidence Presented in Court for This Charge

The evidence will depend on the facts of the case. In Fairfax, general rule reckless driving is a very broad category, so the underlying behavior ranges quite a bit. However, for any behavior charged, the officer must present evidence to show that said behavior occurred beyond reasonable doubt and that it was the fault of the defendant. The evidence may only be the officer’s opinion, but without more substantial evidence than that it is very unlikely to result in a conviction.

A Fairfax reckless driving lawyer can help the defendant determine whether there is enough evidence for a conviction and can also provide an alternative explanation for the defendant’s behavior from what the officer is alleging.

Effects on a Commercial Driver’s License

Reckless driving by general danger to life, limb, or property can have the same type of effect on a commercial driver’s license (CDL) as any other type of reckless. Reckless driving is a serious violation for purposes of a CDL.

Two convictions within 3 years typically leads to a disqualification for 60 days of the commercial driver’s license. Three or more convictions for serious violations in 3 years results in 120-day disqualification.

This means that the CDL holder is not allowed to drive their commercial vehicle during the time that it is disqualified, which is a big consideration for a commercial driver who is facing this charge, because the disqualification could mean a temporary loss of their livelihood or possibly a permanent loss of their job.

Building a Defense

A Fairfax area reckless driving attorney can explain to the defendant what the officer has to prove in court and can analyze the facts of the case to figure out what the best strategy will be in court to prevent a conviction or obtain lesser consequences. Because it is a broader type of reckless driving, the attorney can also do research into the case law to determine whether the behavior that the officer is alleging amounted to reckless driving has ever been brought to the court before.

If this behavior has not been brought to the court before, as a reckless driving charge, then there is a lot more that the attorney can argue because there is no case law backing up the officer. If there is already case law on that behavior, then the attorney can use that case law to the defendant’s advantage by either comparing or contrasting it to the present case, depending on what the case results are.

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