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. While the judge may appreciate your candor, it is still an admission of guilt. In most cases, you can resolve them by simply paying the associated fine online. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. life, limb, or property?. Often, a conviction also affects government security clearances and contract eligibility for military or law enforcement personnel, and must be disclosed when applying for U.S. citizenship. Phone:(804) 355-8037 Now its the courts turn. There are two ways to commit reckless driving: you can either. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. What guilty says is yes, I did what I am accused of. There is a difference between saying that the Commonwealth has the evidence to prove what theyre claiming, versus yes, I did what Im accused of. Thats the way I like to think about no contest versus guilty, and most of the time, I wouldnt plead a client guilty unless as pursuant to a plea agreement with the Commonwealth and theyre reducing the charge or giving us a really good outcome that we might not get from the judge. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. A DUI charge stays on your criminal and DMV record. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. This means that it carries the same criminal penalties as reckless driving. If we can't help, we'll do our best to connect you with someone who can. Pleading No Contest in Virginia Is the Same as Pleading Guilty. The Commonwealth of Virginia defines reckless driving in many different ways. All Rights Reserved. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. If your reckless driving charge is a result of racing, you face enhanced penalties, including a license suspension of up to 2 years and the possible permanent seizure of your vehicle. What Do You Need to Know about Wet Reckless in Virginia? Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Virginia courts penalize reckless driving as aClass 1 misdemeanor. This field is for validation purposes and should be left unchanged. 46.2-868. Reckless driving; penalties - Virginia I wouldnt be in school right now if it wasnt for Jacob and his team. "Excellent teamwork, professional staff, and caring environment." Reckless driving is a Class 1 misdemeanor in Virginia. The higher your speed, the more likely jail time becomes. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. How Much Does a Virginia Reckless Driving Lawyer Cost? These penalties are commonly referred to as collateral consequences. Instead, you are asked to sign the summons, which is a promise to appear in court. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. . However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. It will tell you the date, time, and location of your hearing. GET DIRECTIONS. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. In addition, you may not prepay reckless driving citations in Virginia. By signing the summons, you are promising to attend your court hearing in your criminal case. However, the easiest is to simply avoid driving over 80 miles per hour. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 Make sure to attend both your first appearance (if applicable) and your trial date. 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. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. 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. Virginia DUI and DWI; . Am I pleading guilty if I sign a reckless driving ticket? These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Its the most-reviewed Virginia reckless driving resource on Amazon.com. When you make a mistake and you cut your arm, please call a doctor. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. This could have a negative impact on future prospects, including employment. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. 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. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. 46.2-852. Reckless driving; general rule - Virginia Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. As the saying goes, anything you say can and will be used against you in a court of law. Speeding tickets are traffic infractions, not misdemeanors. 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. 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. This is especially true for repeat offenders. The outcome of any trial is not certain. Reckless driving is a Class 1 misdemeanor in Virginia. Confidential or time-sensitive information should not be sent through this form. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. If youre charged with reckless driving, consult a lawyer immediately. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. 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] . This can be used against you in civil court. 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. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. Mr. Wilson is a true professional. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). This law firm website and legal marketing are managed by MileMark Media. 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. The judge explains that he listened to you and all other witnesses intently. 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. No. And in many Northern Virginia jurisdictions (like Fairfax County), the . Can I Appeal My Virginia Reckless Driving Charge? three and six demerit points to your license. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. 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. The final plea that would normally be entered is guilty. 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. 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. In some states, certain acts are automatically considered reckless, such as: 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. Call Free Consultation (703) 350-4877. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. ", "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. . Being proactive in your defense can go a long way, especially in cases of reckless by speed. You are not pleading guilty by signing the summons. 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. The Virginia Code defines a number of actions as reckless driving. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. These relationships serve as a benefit in navigating the best path forward for clients. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. This is unbelievable, you think to yourself. 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. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. Additionally, you may never even need to enter a courtroom. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Plea Bargains in Virginia Reckless Driving Cases | Charles V In general, you should expect to pay around $350-$500. Instead, the maximum penalty for speeding is usually only a $250 fine. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News 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. Depending on your state, either the judge or a jury will make a final decision. The penalties aren't as severe as in a DUI in Virginia. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Reckless Driving is not a traffic infraction, it is a misdemeanor. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Can I Appeal My Virginia Reckless Driving Charge? As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. One very common example of charge bargaining in Virginia relates to reckless driving. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. In order to make a reckless driving charge stick, the state has to prove the following things beyond reasonable doubt: If the judge has a reason to doubt either of those facts, you can move to get your case dismissed. What is Constructive Desertion in Virginia. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. He hears from the driver of the other vehicle. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. The Notice of Appeal form will list a date you must appear in Circuit Court to either have a second trial or pick a new trial date. there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. We understand that returning to the state may be difficult and require significant time and expense. Second, discuss with your attorney whether you should take a driver education or driver improvement course. Yes. Complete the form below to receive a free consultation. 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. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. Even if you live in another state, you might have to show up in the Virginia court listed on your ticket on your assigned day. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. We recommend them without reservation to anyone looking for business law services. 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. Making a good impression on the judge is especially helpful in this regard. This field is for validation purposes and should be left unchanged. 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. I plead not guilty, your honor, you stammer. Home; Practice Areas . the same criminal penalties as reckless driving. 29 S Mallory St, Suite 206 You cannot simply mail in the ticket. EVER. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. 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. I will carefully review the facts of your case in determining how best to reach your goal. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Neck injury? Reckless Driving? You are beside yourself! If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. . Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? . your lawyer may argue for one of two options. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Newport News, VA 23606* How to Get Reckless Driving Dismissed | Legal Beagle 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. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. 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. 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 drivers civil attorney may try to use that plea against you as an admission of guilt. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Do you know how hard it is to find a lawyer that you can trust? If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. The abusive driver laws in Virginia were recently repealed. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. 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. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. I am happy to work with you based on your convenience. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. 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. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. 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. There are reasons why no self-respecting lawyer would do this to his or her client. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. In Virginia, this is more typically called a no contest plea. This is one very good reason to speak with an attorney early in your case, as they know how to maneuver your case towards this outcome. Showing the court evidence of this may also help your case. An officer may arrest you for reckless driving if he or she observes you: No. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Avoiding jail time. However, a wet reckless charge does not. 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. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. How Long Does a Reckless Driving Stay on Record in Virginia? 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. How to Get Reckless Driving Reduced to Improper Driving in Virginia You should know that dry reckless is different from wet reckless. Virginia Traffic Court: Should I plead No Contest or Guilty? Holcomb Law, P.C. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. 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. 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. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. But generally, reckless driving is a misdemeanor. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. What Happens to My Health Insurance Benefits During Divorce in Virginia? Therefore, even if you do not get jail or a large fine, you will still end up with a criminal record, which can affect many areas of your life including immigration status, security clearance, and background checks for employment.
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