In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Phone:(804) 355-8037 Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. What are the Advantages of Taking a Plea Deal in Virginia? In most cases, you can resolve them by simply paying the associated fine online. . 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. Reckless driving sentence - Virginia - Keefer Law Firm Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. 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. Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Phone: (757) 387-1000, Hampton Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. It is only a promise that you will be in court. Fax: (804) 355-8875 You were driving unsafely, or at an unsafe 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. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. 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 the time you realized they had not gone forward upon the light turning green it was too late and you made minor impact with the other vehicle. Neck injury? Reckless Driving? You are beside yourself! Reckless driving means driving a car while willingly disregarding the safety of property and people. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. As with license suspension, the final decision falls to the judge presiding over your case. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. 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. 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. 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. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. And in most states, this is not admissible in civil proceedings. Holcomb Law, P.C. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. 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. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. 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. GET DIRECTIONS. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. You were driving on the day of the offense. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. 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. 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. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. So, what to do? 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. Instead, you are asked to sign the summons, which is a promise to appear in court. Initiating the process is quite simple. 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. 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. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Utah's Reckless and Driving Laws and Penalties To explore your options, contact the firm at 908-643-6801 or via email to . 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. The 10 day timeline includes weekends and holidays. 46.2-852. Reckless driving; general rule - Virginia Because if they cant prove an element, or if there is a question of whether or not they can maybe one is a little sketchy on their end- then we would definitely want to plead not guilty. This is an informal hearing commonly known as arraignment. Pleading a wet and reckless driving charge may only be available for first-time offenders. While an officer can arrest you for the offense, they usually do not. Hello, Im Andrew Flusche. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. How Should I Plead In My Traffic Case? - Andrew Flusche The judge then listens to the evidence. While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as 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. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. One very common example of charge bargaining in Virginia relates to reckless driving. While the judge may appreciate your candor, it is still an admission of guilt. . If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. As you can no doubt see, it this is not a decision to be made lightly. What Happens to My Health Insurance Benefits During Divorce in Virginia? In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. 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. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. What are the chances of reducing the ticket? Well outline the basics of each of these penalties below. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. The other choice of plea would be no contest. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. 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. 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. 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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Your case gets called and the judge asks you how you plead. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. However, a wet reckless charge does not. Make sure to always attend any court dates relating to your reckless driving charge. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. If a death occurs as a result of racing, you will be charged with a class 6 felony. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. 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. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. This is especially true for repeat offenders. All rights reserved. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. 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. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. 11815 Fountain Way, Suite 300 Alvin Kamara, Chris Lammons plead not guilty to battery charges 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. Home; About. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Newport News, VA 23606* However, you can appeal the outcome of your case and receive a new trial with a different judge. 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. Reckless Driving in Virginia: What You Need To Know Your SEO optimized title Menu Home Criminal Defense Assault and Battery Concealment/Shoplifting Trespassing Expungements Underage Possession In some states, certain acts are automatically considered reckless, such as: We would want to make them have to do their job and prove it, and maybe they cant prove it. Call Free Consultation (703) 350-4877. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. Virginia Beach, VA 23452* Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. The hearing is where you will bring to light all the information presented in the police report. As the nice officer hands you the summons for Reckless Driving with a court date for you to appear and plead your case to the judge he waves politely and tells you to have a nice day. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. This is because most states subscribe to the Interstate Drivers License Compact. What is a standard custody agreement in Virginia? 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. These points will normally remain on your license for two years. When you plead guilty, you are agreeing to a criminal recordfor life. 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. . Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 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. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. What Happens if You Get a Speeding Ticket in Virginia? Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). 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. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. 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. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Mr. Wilson is a true professional. Your Virginia reckless driving defense attorney can help you accomplish this. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. A common situation where the prosecutor may offer a wet reckless plea is where your blood alcohol level (BAC) was only slightly above the legal limit of .08%. Jayson Werth of Washington Nationals pleads guilty to reckless driving 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. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. 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. 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. Speak to one of our lawyers now to identify the right solutions. Rock and read Annual event encourages reading +4; Mar 2, 2023 How is this possible? An attorney experienced with VA reckless driving defense can help you prevent that outcome. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. That could involve pleading to a "wet reckless.". "Mr. Wilson is unbelievably knowledgeable and professional. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. This means, being found guilty of reckless driving results in some pretty severe consequences: A fine of up to $2500 6 demerit points on your driver's license Suspended driver's license for up to 6 months Up to 12 months in jail Yes. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. This could have a negative impact on future prospects, including employment. This field is for validation purposes and should be left unchanged. FREE Virginia DUI/DWI Arrest Survival Guide! To drive recklessly in Virginia is to have a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property. Powers v. Commonwealth, 211 Va. 386, 388 (1970). You should know that dry reckless is different from wet reckless. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Can I plead not guilty to a careless driving charge? But of course we cant know for sure until we talk with the officer and any other witnesses. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Reckless Driving Laws by State - FindLaw 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. Well, in part its because you didnt consult with an attorney who has a very clear understanding of Virginia traffic law, the courts policies and the facts at hand. Out of state drivers face the same reckless driving penalties as Virginia drivers. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. If you have any questions, please contact our firm at (804) 355-8037. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Email:info@weilandfirm.com Less than 30 days after being admitted to the bar, Jacob launched his own legal practice.
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