If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. 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. 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. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. The hearing is where you will bring to light all the information presented in the police report. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. 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 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. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Yes. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. An attorney experienced with VA reckless driving defense can help you prevent that outcome. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Free for Personal Injury & Criminal Defense Only. Holcomb Law, P.C. 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. 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. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. Virginia DUI and DWI; . Newport News, VA 23606* It is in your best interest to have a Virginia attorney who is experienced in reckless driving laws file the appeal for you and represent you throughout the process. One very common example of charge bargaining in Virginia relates to reckless driving. Copyright The Reckless Driving Lawyers 2023. 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. Though subsequent sections of the Code of Virginia outline actions that specifically constitute reckless driving, the determination as to whether to cite you for driving recklessly ultimately lies with the police officer who stops you. However, you can appeal the outcome of your case and receive a new trial with a different judge. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. Initiating the process is quite simple. If the date is further out, then it is likely your actual trial date. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. When you plead guilty, you are agreeing to a criminal recordfor life. Reckless driving is a Class 1 misdemeanor in Virginia. Reckless Driving is a pretty serious charge. Is Now the Time to Request Your Virginia Driving Record? "Mr. Wilson is unbelievably knowledgeable and professional. If convicted, youll usually receive a relatively large fine. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. 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. The judge explains that he listened to you and all other witnesses intently. Instead, you are asked to sign the summons, which is a promise to appear in court. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. The trial itself will be conducted in the same general fashion as your first trial. 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. 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. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. What Is The Virginia Difference Between Misdemeanor & Felony DUI? Motorists who cause severe injuries to another person while . 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. "Excellent teamwork, professional staff, and caring environment." It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. 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. 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. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. The Virginia Appeals Process. Virginia is notoriously harsh in its treatment of driving crimes. These shops should be able to provide you with a calibration sheet that can be used in Court. Indeed, pleading not guilty or no contest before such a judge could prove to be a very costly mistake, especially to a person concerned about the affect the reckless driving conviction could have on their driving record, auto insurance rates, employment, or driving privileges. Avoiding jail time. Making a good impression on the judge is especially helpful in this regard. 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. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. The other choice of plea would be no contest. What is a standard custody agreement in Virginia? three and six demerit points to your license. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. . How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? If we can't help, we'll do our best to connect you with someone who can. As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding. Second, discuss with your attorney whether you should take a driver education or driver improvement course. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. You were driving unsafely, or at an unsafe speed. This can help show the judge that youre taking steps to fix the problem. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. So, what to do? . Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. In return, the court will offer you a plea deal for this much lower offense. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. The DMV will also apply between three and six demerit points to your license. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. In Virginia, reckless driving is defined as any of the following: Driving over 20 mph over the speed limit, or faster than 80 mph total. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Call our Fairfax law office or start an online chat to schedule a free consultation today. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. By signing the summons, you are promising to attend your court hearing in your criminal case. 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. But of course we cant know for sure until we talk with the officer and any other witnesses. Remember, failing to show up to your court date can lead to additional charges. Can I Appeal My Virginia Reckless Driving Charge? The 10 day timeline includes weekends and holidays. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Complete the form below to receive a free consultation. A DUI charge stays on your criminal and DMV record. A Quick Guide to Virginias Hit and Run Laws. If you qualify for a court-appointed attorney, the judge will also let you know on this day. These penalties are commonly referred to as collateral consequences. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. 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. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Now its the courts turn. For this reason, you should always speak carefully with officers during traffic stops. However, a reckless driving ticket isnt the end of the world. If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. 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. 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 Happens if You Get a Speeding Ticket in Virginia? There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Andrew wrote the book on reckless driving. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. While the judge may appreciate your candor, it is still an admission of guilt. Contactme today to discuss your cases facts to determine the best option for you! Accidentally admitting to a crime during the stop will only negatively impact your case down the line. Do you know how hard it is to find a lawyer that you can trust? 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 plead innocent, a trial date will be set for a hearing on your reckless driving charge. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. 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. Reckless driving is a class B misdemeanor in Utah. Our office handles reckless driving cases across Northern Virginia state courts (Alexandria, Fairfax, Arlington, Prince William) and the Eastern District of Virginia federal district court. A lawyer can question any witnesses and make arguments on your behalf. 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. In Virginia, this is more typically called a no contest plea. 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. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. If you are pulled over for speeding in excess of 20 mph above the posted limit, or in excess of 80 mph regardless of the posted limit, you may be charged with a class 1 misdemeanor. Hello, Im Andrew Flusche. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Am I pleading guilty if I sign a reckless driving ticket? However, you should still speak with an attorney to double check this information. 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. Were you or a family member charged with reckless driving in Virginia? If youre charged with reckless driving, consult a lawyer immediately. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. 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. In Virginia, you have the automatic right to appeal any finding by the general district court. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. 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. 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. Reckless driving remains on your Virginia driving record for 11 years. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Failing to do so is a separate crime, which can result in even more penalties. 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. The officer testifies that he did not see any tire marks to indicate braking, which led him to believe that you were distracted and did not brake before impacting the other vehicle. 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. Fill out the form below and well be in touch within 1 business day! There are reasons why no self-respecting lawyer would do this to his or her client. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Then the court hears from the officer. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Fax: (804) 355-8875 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. Visit our site today for more information. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. the same criminal penalties as reckless driving. You only have 10 days to file the paperwork with your local Circuit Court. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. 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. How is this possible? "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. 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. Newport News, VA 23693 That is why it is so important that you work with a knowledgeable reckless driving attorney. This is unbelievable, you think to yourself. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Reckless driving means driving a car while willingly disregarding the safety of property and people. 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. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. I had this video transcribed for visitors who prefer to read the content. He hears from the driver of the other vehicle. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. 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. 888-DUI-LWYR | 703-361-6100. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. In general, you should expect to pay around $350-$500. This law firm website and legal marketing are managed by MileMark Media. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. This field is for validation purposes and should be left unchanged. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. 468 Investors Pl, Suite 202A Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. He can arrest you and take you to the police station for booking as a result. Your appeal will be heard de novo in circuit court. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. 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. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. . In general, first-time offenders can expect a fine, points on their license, and possibly jail time. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 2023 Simms Showers, LLP. 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. First, look at the charges or law section part of the ticket. First, depending on your district, you should commit to performing community service before your trial date. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. In addition, you may not prepay reckless driving citations in Virginia. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. An officer may arrest you for reckless driving if he or she observes you: No. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. There are two ways to commit reckless driving: you can either. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. In most cases, you can resolve them by simply paying the associated fine online. 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] . 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. 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. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. 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. The higher your speed, the more likely jail time becomes.
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