Reckless Driving in a Parking Lot in Virginia 46.2 - 864

Criminal Defense Attorneys Serving Fairfax, Leesburg & Manassas, Virginia

 

RECKLESS DRIVING IN A PARKING LOT IN FAIRFAX, PRINCE WILLIAM, AND LOUDOUN COUNTY

Reckless driving in Virginia misdemeanor, meaning that, if you are convicted, both your criminal and driving record can be effected.  Because Reckless Driving in a Parking lot is a criminal offense it may cost you your job and eligibility for future jobs. 

The Gordon Law Firm has helped more than 3,000 people with reckless driving charges in Northern Virginia. Call our law firm  for a free phone or office consultation and find out more about the potential consequences of Reckless Driving in a Parking Lot under Virginia Code Section 46.2-864. We will work with you to discuss ways to achieve reduced charges or penalties, and in some cases can have a case dismissed or secure a not guilty verdict for Reckless Driving  Contact us at 703.218.8416 or text a copy of your ticket to 703.591.6682.

Virginia Reckless Driving in Parking Lot Lawyers

How did you get charged with Reckless Driving in a Parking Lot?

Police usually do not charge this offense unless:

There is an accident in a parking lot; or

A driver is making circles in the parking lot; or

A driver is burning out his tires in a parking lot. 

Virginia Code Section 46.2-864 reads:

“Reckless driving on parking lots, etc.

A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

1. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or 

2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or 

3. On any highway under construction or not yet open to the public.  

Donuts in a Parking Lot can be Reckless Driving

The Punishments for Reckless Driving in a private area or parking lot includes:

A jail sentence between 1 day to 12 months; and/or

A fine of up to $2500.00; and/or

A loss of  driving privileges for up to six months.

It remains on a driving record for 11 years and costs 6 demerit points on a Virginia driving record.

On background checks, security clearances, job applications, and insurance forms, if a person is asked if they were ever convicted of a misdemeanor, they would be required to report it.

DEFENSES TO RECKLESS DRIVING IN A PARKING LOT

The Commonwealth must show that you operated a motor vehicle at a speed or in a manner so as to endanger life, limb, or property in an area not defined as a highway in Virginia. 

If there were no witnesses or statements made the person accused of Reckless Driving, the case is likely to be difficulty to prove.  The Virginia appellate courts have repeatedly ruled that just being involved in an accident is not reckless driving in most circumstances. 

Under this statute, there must be proof, either by direct or circumstantial evidence, that the driver intended to drive in a reckless manner.  As a result, at your Reckless Driving attorney, Carlos Wall and Alex Gordon will discuss the circumstances surrounding the accident. 

These circumstances include:

weather conditions; or

faulty mechanics on the vehicle; or

improper traffic design or lane markings on the private property.

Of course, another defense to an accident in the parking lot is a result of inattention or was another individual's fault not caused by your driving behavior.   There could also be witnesses to the other driver’s behavior. 

If you were in a private area and you were charged with a violation of Virginia Code Section 462.-852 (Reckless Driving on a Public Highway), it could be a defense at trial if the Commonwealth does not catch the error.

The lawyers at The Gordon Law Firm will discuss what is necessary to prepare for your Reckless Driving case in order to prepare for trial.  Many times the charges of Reckless Driving in a parking lot under 46.2-864 in Fairfax, Prince William, or Loudoun County can be dismissed or reduced to a regular traffic infraction. 

Going to court by yourself is not recommended because it will be you against a police officer in court.  The Virginia General District Court judge will hear both sides of the case, but it may not be not a fair fight for you to appear in court by yourself.  You should consider having proper representation by an attorney who is familiar with Reckless Driving. 

THE GORDON LAW FIRM IS HERE TO HELP YOU WITH YOUR RECKLESS DRIVING IN A PARKING LOT CHARGE 

Alex Gordon and Carlos Wall provide a free consultation to answer all of your questions about Reckless Driving in a Parking Lot.  Together we can decide the best course of action for your case to get a successful result at in court. Many times on Reckless Driving in a Parking Lot charges in Fairfax, Loudoun, and Prince William County, we can represent you in court  and have your appearance waived, so that you won't have to travel or miss work. 

Call our law firm at 703.218.8416 or text a copy of your ticket to 703.591.6682 for a free consultation.  We look forward to helping you.