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It happens to the best of us. 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. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. 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. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. 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. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? You are not pleading guilty by signing the summons. 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. 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. 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 Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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. 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. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 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] . your lawyer may argue for one of two options. Yes. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. 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. If you are found guilty or plead guilty, you will have a criminal conviction on your record. Finally, your attorney can look into a possible amendment to Improper Driving. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. This field is for validation purposes and should be left unchanged. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. Yes. 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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. 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. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. This is because most states subscribe to the Interstate Drivers License Compact. Fax: (804) 355-8875 I am happy to work with you based on your convenience. While the judge may appreciate your candor, it is still an admission of guilt. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. A DUI charge stays on your criminal and DMV record. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. An officer may arrest you for reckless driving if he or she observes you: No. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. I wouldnt be in school right now if it wasnt for Jacob and his team. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Virginia Traffic Court: Should I plead No Contest or Guilty? Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. 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%. Initiating the process is quite simple. We recommend them without reservation to anyone looking for business law services. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. 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. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. 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. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Pleading to less serious charges. 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. A person can be charged with reckless driving if he is driving 20 miles per hour over . 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. Fines: Class 1 misdemeanors carry a fine of up to $2,500. 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. 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. 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. 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. Hello, Im Andrew Flusche. Contact us to see what we can do for you. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. Well outline the basics of each of these penalties below. You only have 10 days to file the paperwork with your local Circuit Court. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. . Possibly. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. How Much Does a Virginia Reckless Driving Lawyer Cost? In Virginia, you have the automatic right to appeal any finding by the general district court. 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. You cannot simply mail in the ticket. 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. He can arrest you and take you to the police station for booking as a result. 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. As the saying goes, anything you say can and will be used against you in a court of law. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. No. 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. 6 Reasons a Lawyer Should Fight Your Ticket. Testimonials & Reviews: Our Clients Words. 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. Failing to do so is a separate crime, which can result in even more penalties. However, most first-time offenders can avoid jail by instead performing community service. 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. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. If your speedometer was off in your favor this could be used to mount your defense. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Instead, you are asked to sign the summons, which is a promise to appear in court. EVER. 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. 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. This can help show the judge that youre taking steps to fix the problem. 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. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. 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. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. This is unbelievable, you think to yourself. Out of state drivers face the same reckless driving penalties as Virginia drivers. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Schedule your consultation today and lets talk about what we can do for you! Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Rock and read Annual event encourages reading +4; Mar 2, 2023 Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. Additionally, you may never even need to enter a courtroom. Pleading a wet and reckless driving charge may only be available for first-time offenders. You must answer the ticket in the same way as in-state offenders. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Your home states laws will determine whether any offense will apply to your driving record there. 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. What Kind of Evidence Can Help in My Reckless Driving Case? 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. He hears from the driver of the other vehicle. Complete the form below to receive a free consultation. Reckless driving is a crime. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Speaking to an attorney allows you to explore your specific circumstances surrounding your charge including but not limited to possible defenses, weaknesses in your case, reduced punishments, and even a reduced charge given your criminal and driving history. 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. 11815 Fountain Way, Suite 300 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. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. 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. 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. You could be sentenced to jail if you are convicted of reckless driving. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. If you have any questions, please contact our firm at (804) 355-8037. It will tell you the date, time, and location of your hearing. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. 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. No. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. Remember, failing to show up to your court date can lead to additional charges. I will carefully review the facts of your case in determining how best to reach your goal. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. 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). Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. 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 driver's civil attorney may try to use that plea against you as an admission of guilt. 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. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. FAIRFAX, Va. -- Washington Nationals outfielder Jayson Werth has pleaded guilty to reckless driving and has been sentenced to five days in jail for driving 105 mph on the Capital Beltway. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. And in most states, this is not admissible in civil proceedings. The outcome of any trial is not certain. 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. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. It typically has the same effect as a guilty plea. 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. Reckless driving, unsafe passing . Guilty is a little bit different than no contest. When you make a mistake and you cut your arm, please call a doctor. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. Home; About. However, there are certain guidelines you need to follow. How is this possible? A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. While an officer can arrest you for the offense, they usually do not. Your appeal will be heard de novo in circuit court. Newport News, VA 23693 These shops should be able to provide you with a calibration sheet that can be used in Court. In a case where just the judge is involved, in a lot of those cases where the evidence is in order, I would probably advise my client to plead no contest. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Phone:(804) 355-8037 However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. 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. How Do I Fight A Reckless Driving Charge in Virginia? Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. 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. Is Now the Time to Request Your Virginia Driving Record? If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. 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. 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. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. What are the Consequences of a Reckless Driving Conviction? 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. Cody Adam Preugschat, 34, pleaded guilty Thursday in Douglas County Superior Court to reckless driving and making a false or misleading statement to a police officer. But generally, reckless driving is a misdemeanor. 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. You were driving unsafely, or at an unsafe speed. 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. When you plead guilty, you are agreeing to a criminal recordfor life. Virginia Reckless Driving: Out of State Drivers. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Seek competent legal counsel for advice on any legal matter. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission.