Jacob is the Managing Partner of Tingen Law. He can arrest you and take you to the police station for booking as a result. You were driving unsafely, or at an unsafe speed. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Even if you live in another state, you might have to show up in the Virginia court listed on your ticket on your assigned day. As the nice officer hands you the summons for Reckless Driving with a court date for you to appear and plead your case to the judge he waves politely and tells you to have a nice day. However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. You may be able to enter into a plea agreement to plead guilty to a much less serious offense that does not include the harsh penalties of a reckless driving conviction or that may not result in a criminal record. The problem is that question depends upon all the facts and circumstances of your case. What Happens if You Get a Speeding Ticket in Virginia? Virginia is notoriously harsh in its treatment of driving crimes. If you plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. Virginia laws do not statutorily define wet and reckless driving. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. In general, you should expect to pay around $350-$500. The 10 day timeline includes weekends and holidays. For a first reckless driving conviction, the Driver License Division (DLD) can suspend the driver's license for up to three months upon the recommendation of the judge. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. serves clients in Hampton Roads VA both in the Peninsula and the Southside including Seaford, Poquoson, Lightfoot, Hampton, Newport News, Yorktown, Fort Eustis, Lackey, Gloucester Point, Achilles, Maryus, Williamsburg, Bayside, Portsmouth, Norfolk, Chesapeake, Suffolk, Virginia Beach, Smithfield and beyond. Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. When you are asked by a college, a recruiter, or an employer for example, if you have a criminal record, you must truthfully answer yes. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you to remain free until your case is decided. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. The final plea that would normally be entered is guilty. Mr. Wilson is a true professional. You are not pleading guilty by signing the summons. (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Reckless driving is a class B misdemeanor in Utah. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. Initiating the process is quite simple. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Possibly. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. Motorists who cause severe injuries to another person while . If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. 6 Reasons a Lawyer Should Fight Your Ticket. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Because if they cant prove an element, or if there is a question of whether or not they can maybe one is a little sketchy on their end- then we would definitely want to plead not guilty. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: Using these laws, as well as other, more specific sections in the statute, Virginia judges can punish a wide variety of unsafe driving habits as reckless.. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Complete the form below to receive a free consultation. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. This is an informal hearing commonly known as arraignment. 2023 Simms Showers, LLP. Confidential or time-sensitive information should not be sent through this form. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. What Is The Virginia Difference Between Misdemeanor & Felony DUI? We respond to all communications within one business day. If your speedometer was off in your favor this could be used to mount your defense. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Jacob has been our lawyer for 3 years now and he is excellent. Virginia Reckless Driving: Out of State Drivers. I had this video transcribed for visitors who prefer to read the content. You also cannot appeal if you plead guilty to the reckless driving charge or a reduced charge, because pleading guilty automatically waives your right to appeal. They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation. However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Even if you have already been found guilty of reckless driving, you may be able to appeal. Often, a conviction also affects government security clearances and contract eligibility for military or law enforcement personnel, and must be disclosed when applying for U.S. citizenship. Speeding is a traffic infraction, and it doesn't carry jail time. In a case where just the judge is involved, in a lot of those cases where the evidence is in order, I would probably advise my client to plead no contest. Virginia reckless driving consequences of large fines, jail sentences, increased insurance premiums, and the resulting criminal record remain the same for both local drivers and out of state drivers. However, the law was repealed a year later, and this is no longer a potential consequence. How do I plead? you think to yourself. Do you know how hard it is to find a lawyer that you can trust? . What are the chances of reducing the ticket? Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. In addition, you may not prepay reckless driving citations in Virginia. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. This can be used against you in civil court. We go above and beyond in order to provide our clients with the best possible representation. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Initiating the process is quite simple. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. That is why it is so important that you work with a knowledgeable reckless driving attorney. 41-6a-528 Reckless driving -- Penalty. Virginia DUI and DWI; . . We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Were a Richmond, Virginia law firm with clients from around the world. Speak to one of our lawyers now to identify the right solutions. For this reason, you should always speak carefully with officers during traffic stops. License suspension is mandatory for a . Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. No. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. When you plead guilty, you are agreeing to a criminal recordfor life. The hearing is where you will bring to light all the information presented in the police report. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. It will tell you the date, time, and location of your hearing. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Email:info@weilandfirm.com For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. After you inform the General District Court clerk that you want to appeal, he will have you complete and sign a Notice of Appeal form. Mar 2, 2023 Education. Reckless Driving in Virginia when someone drives his/her vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person. VA Code 46.2-862. However, most first-time offenders can avoid jail by instead performing community service. In situations where there is difficulty proving blood alcohol levels with certainty, many may seek to reduce their DUI charge to a wet reckless driving charge. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. All parties who plead guilty to a wet and reckless driving charge work with the prosecuting attorney to determine the terms of your guilty plea. While an officer can arrest you for the offense, they usually do not. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. I plead not guilty, your honor, you stammer. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. Reckless Driving in Virginia when someone drives his/her vehicle "on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person." . Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. I wouldnt be in school right now if it wasnt for Jacob and his team. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. . If you are found guilty or plead guilty, you will have a criminal conviction on your record. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. Second, you should look into taking driver improvement courses prior to your trial. One is to get your speedometer calibrated at a Virginia auto shop. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. It's vital that you make the scheduled court appearance, since failing to appear is a misdemeanor that could result in additional jail time on top of your reckless driving conviction. Your case gets called and the judge asks you how you plead. Make sure to attend both your first appearance (if applicable) and your trial date. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. What I do as an attorney if you hire me, is we look at all the elements of your case that the Commonwealth is going to have to prove against you and we see if they can prove them. Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied. In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. While the judge may appreciate your candor, it is still an admission of guilt. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. You go on to testify that the light had just turned green and you thought that the vehicle in front of you was beginning to accelerate and so you didnt brake. So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. The judge explains that he listened to you and all other witnesses intently. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Remember, failing to show up to your court date can lead to additional charges. The Virginia Appeals Process. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. But that's only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. . By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. How Do I Fight A Reckless Driving Charge in Virginia? When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. Fines: Class 1 misdemeanors carry a fine of up to $2,500. The Notice of Appeal form will list a date . First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. The Virginia Code defines a number of actions as reckless driving. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. However, a wet reckless charge does not. However, the most common reason for a reckless driving charge is speed. Notwithstanding your utter disagreement with the judges ruling, you explain to his or her honor that you have a perfect driving record and this is the first accident youve ever been involved in and youd like the court to consider reducing this to something less serious than reckless driving. Maximum penalty: The way you would be guilty of a felony traffic offense in Virginia is if you are convicted of multiple DUI's in a short period of time. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. 2023 Charles V. Hardenbergh, PC, All Rights Reserved, Reproduced with Permission, DUI/DWI Arrest Survival Guide The Guilt Myth, The Secret Truth about how to win a Virginia Expungement Case, Virginia Reckless Driving Sentence Estimator, 5 Mistakes to Avoid When Preparing for Court, Why You Shouldnt Pay Your Reckless Driving Ticket. All Rights Reserved. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. Brunswick County Va Reckless Driving Lawyers, Bowling Green Va Reckless Driving Lawyers, Caroline County va Reckless Driving Lawyers, Chesterfield County Reckless Driving Lawyers, Colonial Heights Va Reckless Driving Lawyers, Dinwiddie County Va Reckless Driving Lawyers, Greensville County Va Reckless Driving Lawyers, Henrico County va Reckless Driving Lawyers, Lawrenceville VA Reckless Driving Lawyers, King George County Va Reckless Driving Lawyers, Mecklenburg County Va Reckless Driving Lawyers, New Kent County Va Reckless Driving Attorneys, Prince George County Reckless Driving Lawyers, Spotsylvania County Va Reckless Driving Lawyers, Stafford County Va Reckless Driving Lawyers, Sussex County Va Reckless Driving Lawyers. However, you can appeal the outcome of your case and receive a new trial with a different judge. The other choice of plea would be no contest. First, look at the charges or law section part of the ticket. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. In Virginia, reckless driving is a class 1 criminal misdemeanor. Reckless driving is a class 1 misdemeanor. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. . This video explains a little about the different plea options and how we decide together what you should plead. This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. What Kind of Evidence Can Help in My Reckless Driving Case? You only have 10 days to file the paperwork with your local Circuit Court. When you make a mistake and you cut your arm, please call a doctor. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Instead, you are asked to sign the summons, which is a promise to appear in court. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. This is unbelievable, you think to yourself. Well outline the basics of each of these penalties below. Showing the court evidence of this may also help your case. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Reckless driving is a crime. Call our Fairfax law office or start an online chat to schedule a free consultation today. It typically has the same effect as a guilty plea. As the saying goes, anything you say can and will be used against you in a court of law.
