To explore your options, contact the firm at 908-643-6801 or via email to . Speaking to an attorney allows you to explore your specific circumstances surrounding your charge including but not limited to possible defenses, weaknesses in your case, reduced punishments, and even a reduced charge given your criminal and driving history. 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. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. It means that you are not admitting guilt, but you are also not disputing the facts of the charge and therefore, you accept the court's decision even though you're not admitting guilt. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. Call Free Consultation (703) 350-4877. 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. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. To drive recklessly in Virginia is to have a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property. Powers v. Commonwealth, 211 Va. 386, 388 (1970). However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. Pleading to less serious charges. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. The statute sets up speeds at which the police officer or trooper can give you a Reckless Driving charge, regardless of how you are driving. When you plead guilty, you are agreeing to a criminal recordfor life. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. Reckless Driving in Virginia. Visit our site today for more information. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Conviction of felony reckless driving causing death results in a license suspension of 1 to 3 years as well as a prison sentence of up to 20 years. An attorney experienced with VA reckless driving defense can help you prevent that outcome. In return, the court will offer you a plea deal for this much lower offense. How Do I Fight A Reckless Driving Charge in Virginia? Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Andrew wrote the book on DWI. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Home; About. These points will normally remain on your license for two years. Keep in mind that you can be arrested even if you sign the ticket if the officer has other reasons to believe that you will not attend your court hearing. Finally, your attorney can look into a possible amendment to Improper Driving. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. In most cases, you can resolve them by simply paying the associated fine online. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News However, you should note that youll never receive a ticket for improper driving.. We respond to all communications within one business day. Free for Personal Injury & Criminal Defense Only. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Is Now the Time to Request Your Virginia Driving Record? If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. This is because most states subscribe to the Interstate Drivers License Compact. Your case gets called and the judge asks you how you plead. You are not pleading guilty to reckless driving by signing the summons. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. Fighting your ticket can be challenging, but if you win your case, you will not be required to pay any fines or court fees, and the ticket will not be added to your record. Then the court hears from the officer. This video explains a little about the different plea options and how we decide together what you should plead. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Additional penalties for failing to appear may also apply. Now its the courts turn. Phone: (757) 260-5996. If a death occurs as a result of racing, you will be charged with a class 6 felony. We go above and beyond in order to provide our clients with the best possible representation. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. 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. Phone: (757) 387-1000, Hampton The higher your speed, the more likely jail time becomes. This is unbelievable, you think to yourself. Some judges, for example, will not dismiss or reduce a reckless driving charge to a lesser offense against a defendant who pleads not guilty and then asks the court for leniency after the judge finds that the facts established at trial support a conviction. When you make a mistake and you cut your arm, please call a doctor. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Furthermore, a reckless driving charge can come with a fine of up to $2,500, up to a year in jail, a license suspension for up to six months, and an increase in car insurance fees. The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. You must answer the ticket in the same way as in-state offenders. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. This is an informal hearing commonly known as arraignment. 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. But generally, reckless driving is a misdemeanor. While the judge may appreciate your candor, it is still an admission of guilt. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. There are reasons why no self-respecting lawyer would do this to his or her client. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. The 10 day timeline includes weekends and holidays. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. If you get stopped and you get charged with a crime, call a lawyer! 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. The abusive driver laws in Virginia were recently repealed. However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. Our experienced reckless driving attorneys at Simms Showers, LLP serve clients in Leesburg, Loudoun County and Fairfax County and can defend you both initially and on appeal from your reckless driving charge. . It typically has the same effect as a guilty plea. Reckless Driving is a pretty serious charge. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Home; Practice Areas . Virginia DUI and DWI; . Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. No. For this reason, you should always speak carefully with officers during traffic stops. You will be given a court date, and it is extremely important that you appear when you are supposed to. 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. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. Yes. That means that it will be a complete do-over and the judge will hear the case as if it were not brought before any previous court. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. 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. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. You should know that dry reckless is different from wet reckless. A Quick Guide to Virginias Hit and Run Laws. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 29 S Mallory St, Suite 206 Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. In Virginia, reckless driving is a class 1 criminal misdemeanor. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. As you can no doubt see, it this is not a decision to be made lightly. Saying NO to Breath Test COULD Incriminate You, YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LmtzWkluSGtoSjlr, Fighting No Insurance Tickets in Virginia, Talk to a Virginia Traffic Attorney BEFORE Going to Court. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. A lawyer can question any witnesses and make arguments on your behalf. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. You cannot mail in the ticket before court in Virginia because the judge has discretion in deciding your penalty depending on the facts and circumstances of your crime. 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. By hiring an attorney experienced in Virginia reckless driving law, they can petition the court to appear on your behalf and you may not have to be present. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. 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. Motorists who cause severe injuries to another person while . Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. And in many Northern Virginia jurisdictions (like Fairfax County), the . We recommend them without reservation to anyone looking for business law services. In some states, certain acts are automatically considered reckless, such as: You can appeal a guilty verdict in a reckless driving case under a couple of conditions. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. What Is The Virginia Difference Between Misdemeanor & Felony DUI? If we can't help, we'll do our best to connect you with someone who can. Reckless driving is defined by the Code of Virginia, and though it deals with traffic infractions, it is a criminal offense rather than a moving violation. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. This field is for validation purposes and should be left unchanged. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. That could involve pleading to a "wet reckless.". I am happy to work with you based on your convenience. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. An attorney familiar with Virginias reckless driving laws can suggest defenses that may work for your circumstances such as obtaining a speedometer calibration, presenting evidence of a medical emergency, or completing community service to demonstrate remorse for your actions. Virginia Traffic Court: Should I plead No Contest or Guilty? Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. A plea of no contest, on the other hand, contains no admission. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. What are the chances of reducing the ticket? Newport News, VA 23693 This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. How Long Does a Reckless Driving Stay on Record in Virginia? A DUI charge stays on your criminal and DMV record. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Your home states laws will determine whether any offense will apply to your driving record there. Reckless driving is a Class 1 misdemeanor in Virginia. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. Complete the form below to receive a free consultation. These penalties are commonly referred to as collateral consequences. However, the easiest is to simply avoid driving over 80 miles per hour. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Contact us to see what we can do for you. 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. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. This could have a negative impact on future prospects, including employment. Therefore, even if you do not get jail or a large fine, you will still end up with a criminal record, which can affect many areas of your life including immigration status, security clearance, and background checks for employment. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. It is important to beat your reckless driving Virginia charge as it appears in all background checks and proves to be a hurdle to your future progress. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. 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. This was a minor accident. And finally its your turn to testify. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Its jam-packed full of answers for your case. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. 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. Phone: (757) 317-1000, Newport News Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. FAIRFAX, Va. -- Washington Nationals outfielder Jayson Werth has pleaded guilty to reckless driving and has been sentenced to five days in jail for driving 105 mph on the Capital Beltway. But then to add insult to injury that police officer who has been very nice throughout the crash investigation informs you that the driver of the other vehicle needs to be taken to the hospital for a possible neck injury, and that he has to charge you with Reckless Driving. If you have any questions, please contact our firm at (804) 355-8037. FREE Virginia DUI/DWI Arrest Survival Guide! Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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." . Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. The next thing he remembers, he informs the court, is that his vehicle was rammed from behind and he had to be transported to the hospital because his neck was in pain. Am I pleading guilty if I sign a reckless driving ticket? 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. The hearing is where you will bring to light all the information presented in the police report. Initiating the process is quite simple. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. Please call today to schedule a free, no-obligation consultation. 468 Investors Pl, Suite 202A Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. One very common example of charge bargaining in Virginia relates to reckless driving. Honestly with a lot of cases, with traffic cases like reckless driving and speeding and things like that, a lot of times the officer will have all their evidence in order and the case is more of a question of negotiation, trying to get a better result from the prosecutor or the judge. 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. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. 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. 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. Even if you have already been found guilty of reckless driving, you may be able to appeal. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. The judge then listens to the evidence. How is this possible? Andrew wrote the book on reckless driving. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. 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. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. In order to make a reckless driving charge stick, the state has to prove the following things beyond reasonable doubt: If the judge has a reason to doubt either of those facts, you can move to get your case dismissed. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. In Virginia, you have the automatic right to appeal any finding by the general district court. What Happens if You Get a Speeding Ticket in Virginia? 2023 Simms Showers, LLP. Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. Reckless driving carries many of the same consequences of any misdemeanor criminal offense, including the possibility of jail time and a criminal record that is both permanent and publicly available. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Virginia Beach, VA 23452* Pleading No Contest in Virginia Is the Same as Pleading Guilty. Copyright The Reckless Driving Lawyers 2023. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Pleading a wet and reckless driving charge may only be available for first-time offenders. What is a standard custody agreement in Virginia? . 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 . How do I plead? you think to yourself. Hello, Im Andrew Flusche. You understand that if you fail to attend your court hearing, you could be arrested. This lets you avoid criminal charges altogether in exchange for a much lower punishment, such as a small fine, community service, and/or mandatory driving classes. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Second, you should look into taking driver improvement courses prior to your trial. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. What are the Consequences of a Reckless Driving Conviction? However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. However, a reckless driving ticket isnt the end of the world. 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. (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 .

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