This is unbelievable, you think to yourself. 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. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. The trial itself will be conducted in the same general fashion as your first trial. your lawyer may argue for one of two options. If you are found guilty or plead guilty, you will have a criminal conviction on your record. Your home states laws will determine whether any offense will apply to your driving record there. 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. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. So, what to do? For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Am I pleading guilty if I sign a reckless driving ticket? In Virginia, reckless driving is a criminal charge that can remain on your record and possibly interfere with your ability to get a job in the future. 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. 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. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Phone:(804) 355-8037 The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. There are reasons why no self-respecting lawyer would do this to his or her client. The Virginia Appeals Process. . (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 . Its judgment time. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. For this reason, you should always speak carefully with officers during traffic stops. Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. In Virginia, drivers can plead . Initiating the process is quite simple. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. Your Virginia reckless driving defense attorney can help you accomplish this. 888-DUI-LWYR | 703-361-6100. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. It doesnt take too much of an imagination to see yourself involved in a relatively minor accident at a traffic light on your way home from work. Phone: (757) 387-1000, Hampton Virginia laws do not statutorily define wet and reckless driving. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. 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 . Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Reckless driving; general rule. 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. 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. 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. 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. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? You can also ask for a jury trial, but you may have to pay the costs for it. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. the same criminal penalties as reckless driving. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Reckless driving remains on your Virginia driving record for 11 years. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Then the court hears from the officer. Depending on your state, either the judge or a jury will make a final decision. Seek competent legal counsel for advice on any legal matter. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. 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. I had this video transcribed for visitors who prefer to read the content. Waterville councilmember pleads guilty to reckless driving and lying to police. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. 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. In this circumstance, the nature of your charge is the same, but the procedure in the United States District Court for the Eastern District of Virginia is slightly different. However, the costs can change based on the details of your case. 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. Hampton, VA 23663 Typically, you are not handcuffed and taken down to the police station to be booked and jailed. 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. When you plead guilty, you are agreeing to a criminal recordfor life. How Do I Fight A Reckless Driving Charge in Virginia? 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. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. life, limb, or property?. 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. In Virginia, you have the automatic right to appeal any finding by the general district court. A person can be charged with reckless driving if he is driving 20 miles per hour over . Failing to do so is a separate crime, which can result in even more penalties. 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., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . 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. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. 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. I will carefully review the facts of your case in determining how best to reach your goal. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. You cannot simply mail in the ticket. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Basically, you want to show the court that youve made efforts to correct your behavior, and that there is a low risk of a repeat offense. 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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. There are 5 general ways to receive DUI charges in Virginia, all of which will result in the loss of your license, fines, and possibly even jail time. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. I wouldnt be in school right now if it wasnt for Jacob and his team. He has been great for us, the very best. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. 6 Reasons a Lawyer Should Fight Your Ticket. No. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. If you get stopped and you get charged with a crime, call a lawyer! Reckless Driving is not a traffic infraction, it is a misdemeanor. What are the Consequences of a Reckless Driving Conviction? 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. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. 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. The judge explains that he listened to you and all other witnesses intently. If you qualify for a court-appointed attorney, the judge will also let you know on this day. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. While the judge may appreciate your candor, it is still an admission of guilt. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Under Virginia law, if the driver of that other vehicle decides to sue you for money as a result of the accident and you entered a guilty or no contest plea to the Reckless Driving charge, the other driver's civil attorney may try to use that plea against you as an admission of guilt. Copyright The Reckless Driving Lawyers 2023. Initiating the process is quite simple. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. 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. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. These penalties are commonly referred to as collateral consequences. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. 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. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. 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. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. Reckless driving is a Class 1 misdemeanor in Virginia. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. However, the easiest is to simply avoid driving over 80 miles per hour. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? If we can't help, we'll do our best to connect you with someone who can. What is Constructive Desertion in Virginia. You are not pleading guilty to reckless driving by signing the summons. Phone: (757) 260-5996. 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. Virginia is notoriously harsh in its treatment of driving crimes. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Finally, your attorney can look into a possible amendment to Improper Driving. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. One exception is that your reckless driving conviction may not impact your driving privileges in your home state, and you may not receive points against your license. 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. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. You explain to the court that you were not distracted when you hit the other vehicle. If charged with a DUI or DWI in Virginia, it may be possible to reach an agreement by pleading a lesser charge of a wet reckless driving. 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. However, the law was repealed a year later, and this is no longer a potential consequence. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. "Excellent teamwork, professional staff, and caring environment." One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. Free for Personal Injury & Criminal Defense Only. Contactme today to discuss your cases facts to determine the best option for you! Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Phone: (757) 656-1000, Virginia Beach 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. This was a minor accident. And finally its your turn to testify. 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 convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. 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. These shops should be able to provide you with a calibration sheet that can be used in Court. EVER. That is why it is so important that you work with a knowledgeable reckless driving attorney. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. We recommend them without reservation to anyone looking for business law services. 720 Mall Parkway If your speedometer was off in your favor this could be used to mount your defense. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 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. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. As you can no doubt see, it this is not a decision to be made lightly. The Notice of Appeal form will list a date . The 10 day timeline includes weekends and holidays. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. Reckless driving is a class 1 misdemeanor. 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. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Additional penalties for failing to appear may also apply. This is especially true for repeat offenders. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. It is only a promise that you will be in court. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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. 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. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. 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. When you plead guilty, you are agreeing to a criminal recordfor life. FREE Virginia DUI/DWI Arrest Survival Guide! Well, you guys treat people well. You only have 10 days to file the paperwork with your local Circuit Court. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. . Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Virginia DUI and DWI; . Signing the summons is a good strategy to avoid these negative consequences. This means that, in the eyes of the court, reckless driving is as serious of an offense as assault, impersonating a police officer, and certain forms of arson. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. We understand that returning to the state may be difficult and require significant time and expense. Even if you have already been found guilty of reckless driving, you may be able to appeal. Out of state drivers face the same reckless driving penalties as Virginia drivers.