Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. 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. Please call today to schedule a free, no-obligation consultation. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. I am happy to work with you based on your convenience. This lets you avoid criminal charges altogether in exchange for a much lower punishment, such as a small fine, community service, and/or mandatory driving classes. 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. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Failing to do so is a separate crime, which can result in even more penalties. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Our special report about driving on suspended explains six critical issues to possibly fight in your case. For this reason, you should always speak carefully with officers during traffic stops. 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. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. 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 sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Pleading to less serious charges. Additional penalties for failing to appear may also apply. These points will normally remain on your license for two years. 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. You were driving unsafely, or at an unsafe speed. 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. 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. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. Am I pleading guilty if I sign a reckless driving ticket? This can be used against you in civil court. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? In many cases, I can handle your case through discussions over the phone and email. However, most first-time offenders can avoid jail by instead performing community service. 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. However, the most common reason for a reckless driving charge is speed. The Virginia Code defines a number of actions as reckless driving. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. . How Much Does a Virginia Reckless Driving Lawyer Cost? If your speedometer was off in your favor this could be used to mount your defense. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. How is this possible? Jacob has been our lawyer for 3 years now and he is excellent. Mar 2, 2023 Education. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. ", "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. If youre charged with reckless driving, consult a lawyer immediately. 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. Second, you should look into taking driver improvement courses prior to your trial. You could also ask your attorney if youve already hired one. How Do I Fight A Reckless Driving Charge in Virginia? Phone: (757) 260-5996. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Reckless Driving in Virginia. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. Phone: (757) 656-1000, Virginia Beach pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Copyright The Reckless Driving Lawyers 2023. 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. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Anyone may represent himself or herself in any criminal case, but it is not generally advised. The other choice of plea would be no contest. Instead, the maximum penalty for speeding is usually only a $250 fine. We recommend them without reservation to anyone looking for business law services. 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. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Were a Richmond, Virginia law firm with clients from around the world. 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. It will tell you the date, time, and location of your hearing. 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. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. This means that it carries the same criminal penalties as reckless driving. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. In addition, you may not prepay reckless driving citations in Virginia. For example, if a reckless driving conviction puts you over eight points in one year, or twelve points within two years, you will lose your license. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. An attorney experienced with VA reckless driving defense can help you prevent that outcome. Neck injury? Reckless Driving? You are beside yourself! 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. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. One is to get your speedometer calibrated at a Virginia auto shop. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. 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. That could involve pleading to a "wet reckless.". 29 S Mallory St, Suite 206 3437 W. Cary St. Richmond, VA 23221 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. FREE Virginia DUI/DWI Arrest Survival Guide! 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. First, look at the charges or law section part of the ticket. In some states, certain acts are automatically considered reckless, such as: 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. 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. Virginia Traffic Court: Should I plead No Contest or Guilty? Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. 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." . 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. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. Email:info@weilandfirm.com In return, the court will offer you a plea deal for this much lower offense. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Reckless Driving is not a traffic infraction, it is a misdemeanor. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. 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. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. 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. By providing the officer on scene with additional details, you increase the chance of self-incrimination. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Furthermore, a reckless driving charge can come with a fine of up to $2,500, up to a year in jail, a license suspension for up to six months, and an increase in car insurance fees. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. 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. An officer may arrest you for reckless driving if he or she observes you: No. three and six demerit points to your license. You can also ask for a jury trial, but you may have to pay the costs for it. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. 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. Schedule your consultation today and lets talk about what we can do for you! How Long Does a Reckless Driving Stay on Record in Virginia? Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Then the court hears from the officer. He hears from the driver of the other vehicle. 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. The judge then listens to the evidence. 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. 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Even if you have already been found guilty of reckless driving, you may be able to appeal. Phone: (757) 317-1000, Newport News Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Initiating the process is quite simple. 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. The problem is that question depends upon all the facts and circumstances of your case. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. 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. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. You make your appearance in court on the designated court date. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? . In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. These relationships serve as a benefit in navigating the best path forward for clients. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. A lawyer can question any witnesses and make arguments on your behalf. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Your case gets called and the judge asks you how you plead. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. No. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. "Excellent teamwork, professional staff, and caring environment." Reckless Driving is not a traffic infraction, it is a misdemeanor. Pleading a wet and reckless driving charge may only be available for first-time offenders. 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. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. 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. You can protect your future by talking with an experienced Virginia criminal defense lawyer before pleading guilty or accepting a plea offered by the prosecutor. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. the same criminal penalties as reckless driving. Here is what you are agreeing to when you sign the summons: If you refuse to sign the reckless driving summons, the police officer may assume that you will not appear in court and has the discretion to arrest you and take you to the police station to be booked. 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. 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. This could have a negative impact on future prospects, including employment. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. I plead not guilty, your honor, you stammer. . This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. The judge explains that he listened to you and all other witnesses intently. 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. 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. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law In Virginia, drivers can plead . Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied. However, there are certain guidelines you need to follow. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. EVER. Pleading a wet and reckless driving charge may only be available for first-time offenders. One very common example of charge bargaining in Virginia relates to reckless driving. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. What are the chances of reducing the ticket? The trial itself will be conducted in the same general fashion as your first trial. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. Were you or a family member charged with reckless driving in Virginia? The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. When you make a mistake and you cut your arm, please call a doctor. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. However, you can appeal the outcome of your case and receive a new trial with a different judge. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. 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. 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. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Its jam-packed full of answers for your case. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. What is Constructive Desertion in Virginia. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of 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. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. There are several ways to avoid reckless driving charges in Virginia. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. 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. The penalties aren't as severe as in a DUI in Virginia. A plea of no contest, on the other hand, contains no admission. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. While an officer can arrest you for the offense, they usually do not. This is because most states subscribe to the Interstate Drivers License Compact. Your Virginia reckless driving defense attorney can help you accomplish this. Confidential or time-sensitive information should not be sent through this form. Contactme today to discuss your cases facts to determine the best option for you! This law firm website and legal marketing are managed by MileMark Media. Fill out the form below and well be in touch within 1 business day! Call our Manassas office or start a live chat today to schedule your free consultation to learn how we will aggressively fight for your rights. Home; About. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). 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. We go above and beyond in order to provide our clients with the best possible representation. Reckless driving is a crime. However, you should still speak with an attorney to double check this information. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. A DUI charge stays on your criminal and DMV record. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving.
Benefits Of Being Stationed In Germany, Solerno Blood Orange Liqueur Vs Cointreau, Difference Between Manifestation And Motion, Articles P