Reckless Driving Speeding Charge reduced to Improper Driving in Fairfax County
Client was driving on on the Express Lanes on I-66 when he was stopped for driving 91mph in a 65mph zone. Normally I-66 is a 55mph zone but the Express Lanes are designated as a 65mph zone. In this case, due to the speed, the Virginia State Trooper issued a citation for reckless driving.
Client had a clean driving record and didn't have a history of driving fast. However, as a parent, they had multiple children's activities that day they had to juggle. As luck would have it these child activities were scheduled back-to-back and time was an issue.
We had our client take an online reckless driving course and get their speedometer calibrated. We always recommend speedometer calibrations when the speed alleged is over 90mph because many Judges in Fairfax County will not allow a reduction of a reckless driving speed charge when the speed alleged is over 90mph. A good automotive shop to use for a speedometer calibration is Advanced Automotive in Chantilly, Virginia. In most cases the calibration will come back in our favor and we can use it as a legal fiction to lower the speed involved. There is a Virginia Statute that allows this.
After speaking with both the Trooper and Prosecutor about what happened and a bit about our client's background the charge was reduced to Improper Driving. This is important because Improper Driving is a traffic infraction and helps us avoid the original misdemeanor charge for our client. Improper Driving a 3-point offense for DMV purposes and falls off the driving record after 3 years.
Practice area(s): Speeding / Traffic Ticket
Court: Fairfax County General District Court