The penalties aren't as severe as in a DUI in Virginia. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Class 1 Misdemeanor: Driving Under the Influence (DUI), 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. So, what to do? However, you should note that youll never receive a ticket for improper driving.. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. 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. Is Now the Time to Request Your Virginia Driving Record? Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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 short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. A person can be charged with reckless driving if he is driving 20 miles per hour over . Jacob has been our lawyer for 3 years now and he is excellent. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Make sure to attend both your first appearance (if applicable) and your trial date. Virginia DUI and DWI; . 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. I work with all clients to understand their desired result. Additionally, you may never even need to enter a courtroom. 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." . However, the law was repealed a year later, and this is no longer a potential consequence. . Guilty is a little bit different than no contest. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. And in many Northern Virginia jurisdictions (like Fairfax County), the . For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. You were driving on the day of the offense. Speeding tickets are traffic infractions, not misdemeanors. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. If you have any questions about the court date you should reach out to the Clerk of the court. Email:info@weilandfirm.com Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. 888-DUI-LWYR | 703-361-6100. EVER. One very common example of charge bargaining in Virginia relates to reckless driving. 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. Contact the office today for a consultation with our Criminal Defense Attorneys regarding your reckless driving charge to learn how we can help you in courts across Northern Virginia. The problem is that question depends upon all the facts and circumstances of your case. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. 720 Mall Parkway This was a minor accident. And finally its your turn to testify. Hes sorry, he tells you, but he has no choice but to find you guilty. 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. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Youre left stunned. 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. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. This could have a negative impact on future prospects, including employment. The Virginia Appeals Process. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. 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. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. First, depending on your district, you should commit to performing community service before your trial date. Instead, the maximum penalty for speeding is usually only a $250 fine. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. If the date is further out, then it is likely your actual trial date. However, a reckless driving ticket isnt the end of the world. While an officer can arrest you for the offense, they usually do not. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. 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. The abusive driver laws in Virginia were recently repealed. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. It typically has the same effect as a guilty plea. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Phone: (757) 656-1000, Virginia Beach If convicted, youll usually receive a relatively large fine. And this same decision process is just as important, if not more important, when dealing with other traffic offenses such as DUI/DWI or Hit & Run. Anyone may represent himself or herself in any criminal case, but it is not generally advised. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. However, you can appeal the outcome of your case and receive a new trial with a different judge. 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. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. 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. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. 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. 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 . If you need help and want to get started on your case reach out and ask Andrew a question about your charge. I plead not guilty, your honor, you stammer. A DUI charge stays on your criminal and DMV record. However, most first-time offenders can avoid jail by instead performing community service. You always look for a way to help your clients. How Do I Fight A Reckless Driving Charge in Virginia? This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. License suspension is mandatory for a . Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. However, you should still speak with an attorney to double check this information. The judge then listens to the evidence. Second, you should look into taking driver improvement courses prior to your trial. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Yes. If you get stopped and you get charged with a crime, call a lawyer! Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Free for Personal Injury & Criminal Defense Only. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. The trial itself will be conducted in the same general fashion as your first trial. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). What are the Consequences of a Reckless Driving Conviction? The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. 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. Reckless driving is a class 1 misdemeanor. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. 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. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. But generally, reckless driving is a misdemeanor. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. How Much Does a Virginia Reckless Driving Lawyer Cost? But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Instead, you are asked to sign the summons, which is a promise to appear in court. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Copyright The Reckless Driving Lawyers 2023. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. 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. The final plea that would normally be entered is guilty. These penalties are commonly referred to as collateral consequences. This is important because some judges have policies that concern what, if any, mercy they will grant an otherwise guilty traffic defendant based on how they plead. And in most states, this is not admissible in civil proceedings. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. 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. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. In Virginia, you have the automatic right to appeal any finding by the general district court. 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. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Virginia Beach, VA 23452* Phone:(804) 355-8037 No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Reckless Driving in Virginia: What You Need To Know Your SEO optimized title Menu Home Criminal Defense Assault and Battery Concealment/Shoplifting Trespassing Expungements Underage Possession I will carefully review the facts of your case in determining how best to reach your goal. What Happens to My Health Insurance Benefits During Divorce in Virginia? I had this video transcribed for visitors who prefer to read the content. 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. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. 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. your lawyer may argue for one of two options. 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. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. You could be sentenced to jail if you are convicted of reckless driving. 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. Virginia Traffic Court: Should I plead No Contest or Guilty? Our special report about driving on suspended explains six critical issues to possibly fight in your case. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. All Rights Reserved. However, people charged with reckless driving where alcohol or drugs are involved may plead to a wet reckless driving charge to reduce a DUI convictions devastating impact. Likewise, showing up and admitting guilt but explaining your circumstances (you were passing another merging vehicle, you were running late for an important event, you were driving safely) will also likely end up in a guilty conviction. If we can't help, we'll do our best to connect you with someone who can. (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 . First, in order to appeal, you must file the appeal within 10 days of the initial verdict. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. The judge explains that he listened to you and all other witnesses intently. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. What guilty says is yes, I did what I am accused of. There is a difference between saying that the Commonwealth has the evidence to prove what theyre claiming, versus yes, I did what Im accused of. Thats the way I like to think about no contest versus guilty, and most of the time, I wouldnt plead a client guilty unless as pursuant to a plea agreement with the Commonwealth and theyre reducing the charge or giving us a really good outcome that we might not get from the judge. Hello, Im Andrew Flusche. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Irrespective of the maximum speeds permitted by law, any person who drives a 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 shall be guilty of reckless driving. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Complete the form below to receive a free consultation. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. When you plead guilty, you are agreeing to a criminal recordfor life. Reckless driving, unsafe passing . Pleading a wet and reckless driving charge may only be available for first-time offenders. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. 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. This law firm website and legal marketing are managed by MileMark Media. the same criminal penalties as reckless driving. 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. Virginia is notoriously harsh in its treatment of driving crimes. No. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. The 10 day timeline includes weekends and holidays. 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. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Signing the summons is a good strategy to avoid these negative consequences. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Mr. Wilson is a true professional. 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. Speeding is a traffic infraction, and it doesn't carry jail time. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. The Notice of Appeal form will list a date you must appear in Circuit Court to either have a second trial or pick a new trial date. This is why its super important, if you have any kind of traffic case, whether its reckless driving or speeding or DUI or driving on a suspended license, to talk with a traffic attorney. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. What is a standard custody agreement in Virginia? You understand that if you fail to attend your court hearing, you could be arrested. The Virginia Code defines a number of actions as reckless driving. That could involve pleading to a "wet reckless.". In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. Making a good impression on the judge is especially helpful in this regard. Hampton, VA 23663 The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. 305 Harrison Street SE Third Floor Leesburg, Virginia 20175, 113 S. Kent Street Suite 201 Winchester, Virginia 22601, 9300 Grant Avenue Suite 101 Manassas, Virginia 20110-5069, 201 International Circle Suite 230 Hunt Valley, Maryland 21030, 10505 Judicial Drive Suite 206 Fairfax, Virginia 22030, 136 Professional Circle Williamsburg, Virginia 23185. Reckless driving means driving a car while willingly disregarding the safety of property and people. This means that it carries the same criminal penalties as reckless driving. "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. All rights reserved. Please call today to schedule a free, no-obligation consultation. A Quick Guide to Virginias Hit and Run Laws. Reckless driving is a Class 1 misdemeanor in Virginia. Schedule your consultation today and lets talk about what we can do for you! Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. You cannot simply mail in the ticket. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. 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. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. While the judge may appreciate your candor, it is still an admission of guilt. This can help show the judge that youre taking steps to fix the problem. However, there are certain guidelines you need to follow. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Reckless Driving is a pretty serious charge. Reckless Driving by Vehicle not Under Control, Driving a vehicle with improperly adjusted or faulty brakes, Driving an overloaded vehicle that obstructs view or controls, Driving next to another vehicle on a one lane roadway, Driving too fast for highway and traffic conditions (regardless of the posted speed limit), Speeding over 20 mph in excess of the speed limit, or driving faster than 80 mph regardless of the posted speed limit, Endangering a person or property on driveways or parking lots open to the public, Up to 6 months suspension of driving privileges, Acting under the instruction of a traffic enforcement officer or directing officer, Roadway markings clearly indicate permission to pass, Highways had the appropriate number of lanes to permit the act, Your vehicles speedometer was not calibrated properly, or the radar/Lidar device was not calibrated properly, You passed only a motorcycle, moped, or bicycle, Racing was on private property or with permission from the landowner, A clean driving record and character references, School bus was stopped for a reason other than loading or unloading, You were unaware of your vehicles defects and had them repaired soon thereafter, Failing to follow traffic signals or signs.
