If you qualify for a court-appointed attorney, the judge will also let you know on this day. Speeding tickets are traffic infractions, not misdemeanors. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Visit our site today for more information. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. The Virginia Code defines a number of actions as reckless driving. The problem is that question depends upon all the facts and circumstances of your case. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. In most cases, you can resolve them by simply paying the associated fine online. 888-DUI-LWYR | 703-361-6100. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. 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. The other choice of plea would be no contest. 11815 Fountain Way, Suite 300 Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Call our Fairfax law office or start an online chat to schedule a free consultation today. If youre charged with reckless driving, consult a lawyer immediately. If you get stopped and you get charged with a crime, call a lawyer! By providing the officer on scene with additional details, you increase the chance of self-incrimination. 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. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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. 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. As with license suspension, the final decision falls to the judge presiding over your case. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 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. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. And in many Northern Virginia jurisdictions (like Fairfax County), the . Mar 2, 2023 Education. 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. A person can be charged with reckless driving if he is driving 20 miles per hour over . A lawyer can question any witnesses and make arguments on your behalf. GET DIRECTIONS. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. 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. Rock and read Annual event encourages reading +4; Mar 2, 2023 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. 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. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. In addition, you may not prepay reckless driving citations in Virginia. 468 Investors Pl, Suite 202A 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. In many cases, I can handle your case through discussions over the phone and email. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. A Quick Guide to Virginias Hit and Run Laws. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. The penalties aren't as severe as in a DUI in Virginia. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. By signing the summons, you are promising to attend your court hearing in your criminal case. No. 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. What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. Yes. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. If your speedometer was off in your favor this could be used to mount your defense. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. However, most first-time offenders can avoid jail by instead performing community service. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Out of state drivers face the same reckless driving penalties as Virginia drivers. 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. This law firm website and legal marketing are managed by MileMark Media. 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. 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. The other driver indicates to the court that while he is waiting patiently at the red light on a nice slow and easy day, he saw you careening toward his vehicle from his rearview mirror and it appeared that you were distracted by your radio. That could involve pleading to a "wet reckless.". 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. 2023 Simms Showers, LLP. 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. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. 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. 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. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Typically, you are not handcuffed and taken down to the police station to be booked and jailed. A common situation where the prosecutor may offer a wet reckless plea is where your blood alcohol level (BAC) was only slightly above the legal limit of .08%. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. However, you can appeal the outcome of your case and receive a new trial with a different judge. If you have any questions during the stop itself, ask the officer who issued you the ticket. Instead, you are asked to sign the summons, which is a promise to appear in court. This is especially true for repeat offenders. For this reason, you should always speak carefully with officers during traffic stops. This means that no matter how light the traffic and no matter how under control your vehicle, it is still reckless driving to drive 85 mph, even in a 70 mph zone, or 20 mph or more over the speed limit. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. 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. We would want to make them have to do their job and prove it, and maybe they cant prove it. The judge explains that he listened to you and all other witnesses intently. Instead, the maximum penalty for speeding is usually only a $250 fine. three and six demerit points to your license. Reckless driving is a class 1 misdemeanor. 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. 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. The trial itself will be conducted in the same general fashion as your first trial. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. 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. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? 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. life, limb, or property?. Hes sorry, he tells you, but he has no choice but to find you guilty. 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. 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.. Copyright The Reckless Driving Lawyers 2023. Additional penalties for failing to appear may also apply. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. 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. 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. Reckless driving; general rule. These relationships serve as a benefit in navigating the best path forward for clients. 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. In Virginia, you have the automatic right to appeal any finding by the general district court. Waterville councilmember pleads guilty to reckless driving and lying to police. The 10 day timeline includes weekends and holidays. However, you should note that youll never receive a ticket for improper driving.. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. If you are found guilty or plead guilty, you will have a criminal conviction on your record. First, look at the charges or law section part of the ticket. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. This means, being found guilty of reckless driving results in some pretty severe consequences: A fine of up to $2500 6 demerit points on your driver's license Suspended driver's license for up to 6 months Up to 12 months in jail The DMV will also apply between three and six demerit points to your license. However, the costs can change based on the details of your case. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. These penalties are commonly referred to as collateral consequences. This field is for validation purposes and should be left unchanged. ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. 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. This means that it carries the same criminal penalties as reckless driving. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. 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. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. 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. A plea of no contest, on the other hand, contains no admission. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Please call today to schedule a free, no-obligation consultation. Reckless driving, unsafe passing . Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Pleading to less serious charges. And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel. While the judge may appreciate your candor, it is still an admission of guilt. Reckless Driving in Virginia. 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. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. However, the easiest is to simply avoid driving over 80 miles per hour. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . This is because most states subscribe to the Interstate Drivers License Compact. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. 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. Yes. This is unbelievable, you think to yourself. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Phone: (757) 387-1000, Hampton Reckless Driving is not a traffic infraction, it is a misdemeanor. How do I plead? you think to yourself. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. Make sure to always attend any court dates relating to your reckless driving charge. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. What are the Consequences of a Reckless Driving Conviction? Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. 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. . It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. If the date is further out, then it is likely your actual trial date. Reckless driving means driving a car while willingly disregarding the safety of property and people. Its a no-brainer. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. Mr. Wilson is a true professional. This video explains a little about the different plea options and how we decide together what you should plead. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. 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 . However, you should still speak with an attorney to double check this information. 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. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. Additionally, you may never even need to enter a courtroom. Fines: Class 1 misdemeanors carry a fine of up to $2,500. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. 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. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Finally, your attorney can look into a possible amendment to Improper Driving. Newport News, VA 23606* In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. 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. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. . Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. You were driving on the day of the offense. However, a wet reckless charge does not. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Phone:(804) 355-8037 Contactme today to discuss your cases facts to determine the best option for you! Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. These shops should be able to provide you with a calibration sheet that can be used in Court. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. 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. To explore your options, contact the firm at 908-643-6801 or via email to . 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 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. Reckless driving remains on your Virginia driving record for 11 years. You explain to the court that you were not distracted when you hit the other vehicle. Even if you have already been found guilty of reckless driving, you may be able to appeal. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Home; About. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. Reckless Driving is not a traffic infraction, it is a misdemeanor. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. 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. 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. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. The Commonwealth of Virginia defines reckless driving in many different ways. First, depending on your district, you should commit to performing community service before your trial date. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Its judgment time. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. 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. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Cody Adam Preugschat, 34, pleaded guilty Thursday in Douglas County Superior Court to reckless driving and making a false or misleading statement to a police officer. However, the most common reason for a reckless driving charge is speed. Virginia is notoriously harsh in its treatment of driving crimes. 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. You were driving unsafely, or at an unsafe speed. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. I am happy to work with you based on your convenience. 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. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). All Rights Reserved. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News 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 . 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. 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. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. "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 a death occurs as a result of racing, you will be charged with a class 6 felony. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. This is an informal hearing commonly known as arraignment. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. If convicted, youll usually receive a relatively large fine. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. Then the court hears from the officer. Confidential or time-sensitive information should not be sent through this form. The outcome of any trial is not certain. Schedule your consultation today and lets talk about what we can do for you! By the time you realized they had not gone forward upon the light turning green it was too late and you made minor impact with the other vehicle.