The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. 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. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. 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. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. 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. 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. By providing the officer on scene with additional details, you increase the chance of self-incrimination. 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. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. Initiating the process is quite simple. Now its the courts turn. Reckless driving is a Class 1 misdemeanor in Virginia. This is especially true for repeat offenders. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Mar 2, 2023 Education. 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. We go above and beyond in order to provide our clients with the best possible representation. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News No. As the saying goes, anything you say can and will be used against you in a court of law. Jacob has been our lawyer for 3 years now and he is excellent. 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. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. I plead not guilty, your honor, you stammer. At most, improper driving will result in a $500 fine and three points on your license. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. 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 provide transparent flat fees and flexible payment plans in most cases. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. 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. If the date is further out, then it is likely your actual trial date. A person can be charged with reckless driving if he is driving 20 miles per hour over . And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. 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. Hello, Im Andrew Flusche. Speeding is a traffic infraction, and it doesn't carry jail time. He has been great for us, the very best. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Phone:(804) 355-8037 If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. One is to get your speedometer calibrated at a Virginia auto shop. 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. Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. Phone: (757) 260-5996. As with license suspension, the final decision falls to the judge presiding over your case. 888-DUI-LWYR | 703-361-6100. 2023 Simms Showers, LLP. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. 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. The judge then listens to the evidence. 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. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. three and six demerit points to your license. You explain to the court that you were not distracted when you hit the other vehicle. "Mr. Wilson is unbelievably knowledgeable and professional. What Kind of Evidence Can Help in My Reckless Driving Case? As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. License suspension is mandatory for a . Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. . You are not pleading guilty by signing the summons. I wouldnt be in school right now if it wasnt for Jacob and his team. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Fax: (804) 355-8875 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. Fines: Class 1 misdemeanors carry a fine of up to $2,500. 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. The final plea that would normally be entered is guilty. If you have any questions about the court date you should reach out to the Clerk of the court. However, the costs can change based on the details of your case. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. It typically has the same effect as a guilty plea. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. 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. What are the chances of reducing the ticket? This can help show the judge that youre taking steps to fix the problem. This field is for validation purposes and should be left unchanged. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. 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. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Well outline the basics of each of these penalties below. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. You only have 10 days to file the paperwork with your local Circuit Court. 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. To explore your options, contact the firm at 908-643-6801 or via email to . For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. 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. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. If convicted, youll usually receive a relatively large fine. 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. Pleading to less serious charges. 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. If you have any questions during the stop itself, ask the officer who issued you the ticket. 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. In return, the court will offer you a plea deal for this much lower offense. This can be used against you in civil court. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. There are reasons why no self-respecting lawyer would do this to his or her client. Instead, the maximum penalty for speeding is usually only a $250 fine. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. Newport News, VA 23606* The problem is that question depends upon all the facts and circumstances of your case. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. 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. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . Hes sorry, he tells you, but he has no choice but to find you guilty. Contact us to see what we can do for you. Complete the form below to receive a free consultation. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . 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. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. If you are found guilty or plead guilty, you will have a criminal conviction on your record. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. If your speedometer was off in your favor this could be used to mount your defense. FREE Virginia DUI/DWI Arrest Survival Guide! It happens to the best of us. I will carefully review the facts of your case in determining how best to reach your goal. Avoiding jail time. The DMV will also apply between three and six demerit points to your license. 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. 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. What gives me the shivers and a cold sweat is seeing a pro se defendant (no lawyer) walk up to the front of the room and plead guilty to Reckless Driving, a Class 1 Misdemeanor, without a fight. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Finally, your attorney can look into a possible amendment to Improper Driving. 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. This is an informal hearing commonly known as arraignment. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Instead, you are asked to sign the summons, which is a promise to appear in court. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. 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. 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. 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. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. This is unbelievable, you think to yourself. One very common example of charge bargaining in Virginia relates to reckless driving. 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. Remember, failing to show up to your court date can lead to additional charges. Reckless driving means driving a car while willingly disregarding the safety of property and people. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. 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. 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. You should know that dry reckless is different from wet reckless. 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. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Then the court hears from the officer. Testimonials & Reviews: Our Clients Words. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. 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. Many Virginia jurisdictions no longer permit wet reckless driving pleas. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. If a death occurs as a result of racing, you will be charged with a class 6 felony. Your case gets called and the judge asks you how you plead. But the problem is that I cant know if the Commonwealth has their evidence in your case unless Ive looked at all the evidence and talked with the officer and talked with the prosecutor and then, and only then, will we know what plea we should enter. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. The Commonwealth of Virginia defines reckless driving in many different ways. The abusive driver laws in Virginia were recently repealed. 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. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. We provide free consultations for cases in our area. Contactme today to discuss your cases facts to determine the best option for you! But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. How Long Does a Reckless Driving Stay on Record in Virginia?
Rent To Own Homes In Crenshaw County, Al,
Party Train To New Orleans From Birmingham,
Does Co Parenting Include Step Parentscontaf Systemic Fungicide,
Articles P