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. 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. If you have any questions, please contact our firm at (804) 355-8037. 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 the date is further out, then it is likely your actual trial date. 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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. At most, improper driving will result in a $500 fine and three points on your license. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Instead, you are asked to sign the summons, which is a promise to appear in court. How do I plead? you think to yourself. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. All rights reserved. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. However, you should note that youll never receive a ticket for improper driving.. This is an informal hearing commonly known as arraignment. By hiring an attorney experienced in Virginia reckless driving law, they can petition the court to appear on your behalf and you may not have to be present. First, look at the charges or law section part of the ticket. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. However, Virginia will report the offense and any imposed suspension or points to your home state. You were driving on the day of the offense. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Reckless driving is a Class 1 misdemeanor in Virginia. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Reckless Driving is not a traffic infraction, it is a misdemeanor. "Mr. Wilson is unbelievably knowledgeable and professional. You can protect your future by talking with an experienced Virginia criminal defense lawyer before pleading guilty or accepting a plea offered by the prosecutor. Initiating the process is quite simple. Phone: (757) 260-5996. Hello, Im Andrew Flusche. What Is The Virginia Difference Between Misdemeanor & Felony DUI? Instead, the maximum penalty for speeding is usually only a $250 fine. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. The hearing is where you will bring to light all the information presented in the police report. When you plead guilty, you are agreeing to a criminal recordfor life. . By signing the summons, you are promising to attend your court hearing in your criminal case. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. If you qualify for a court-appointed attorney, the judge will also let you know on this day. They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. life, limb, or property?. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Copyright The Reckless Driving Lawyers 2023. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. We would want to make them have to do their job and prove it, and maybe they cant prove it. 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 you plead innocent, a trial date will be set for a hearing on your reckless driving charge. 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. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Virginia Beach, VA 23452* Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. In most cases, you can resolve them by simply paying the associated fine online. The Virginia Appeals Process. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. This means that, in the eyes of the court, reckless driving is as serious of an offense as assault, impersonating a police officer, and certain forms of arson. Speak to one of our lawyers now to identify the right solutions. Virginia laws do not statutorily define wet and reckless driving. You should know that dry reckless is different from wet reckless. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. 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. These relationships serve as a benefit in navigating the best path forward for clients. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. Were a Richmond, Virginia law firm with clients from around the world. Guilty is a little bit different than no contest. 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. Fill out the form below and well be in touch within 1 business day! Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. 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. 6 Reasons a Lawyer Should Fight Your Ticket. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. 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. Call our Fairfax law office or start an online chat to schedule a free consultation today. This is because most states subscribe to the Interstate Drivers License Compact. Can I Appeal My Virginia Reckless Driving Charge? Contact the office today for a consultation with our Criminal Defense Attorneys regarding your reckless driving charge to learn how we can help you in courts across Northern Virginia. Visit our site today for more information. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. 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." . Finally, your attorney can look into a possible amendment to Improper Driving. He has been great for us, the very best. And this same decision process is just as important, if not more important, when dealing with other traffic offenses such as DUI/DWI or Hit & Run. You make your appearance in court on the designated court date. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. 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. A Quick Guide to Virginias Hit and Run Laws. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. Now its the courts turn. You will be given a court date, and it is extremely important that you appear when you are supposed to. Well outline the basics of each of these penalties below. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. A person can be charged with reckless driving if he is driving 20 miles per hour over . However, you can appeal the outcome of your case and receive a new trial with a different judge. It doesnt take too much of an imagination to see yourself involved in a relatively minor accident at a traffic light on your way home from work. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. FREE Virginia DUI/DWI Arrest Survival Guide! Accidentally admitting to a crime during the stop will only negatively impact your case down the line. There are several ways to avoid reckless driving charges in Virginia. Home; About. 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. Your appeal will be heard de novo in circuit court. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. three and six demerit points to your license. 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. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. 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. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. 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. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Out of state drivers face the same reckless driving penalties as Virginia drivers. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. 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. Virginia Traffic Court: Should I plead No Contest or Guilty? Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Phone: (757) 387-1000, Hampton However, most first-time offenders can avoid jail by instead performing community service. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Do you know how hard it is to find a lawyer that you can trust? It typically has the same effect as a guilty plea. 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. Testimonials & Reviews: Our Clients Words. 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. Some judges, for example, will not dismiss or reduce a reckless driving charge to a lesser offense against a defendant who pleads not guilty and then asks the court for leniency after the judge finds that the facts established at trial support a conviction. We provide free consultations for cases in our area. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. 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. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. 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. . 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. The Notice of Appeal form will list a date . By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. As you can no doubt see, it this is not a decision to be made lightly. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Additionally, you may never even need to enter a courtroom. In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Motorists who cause severe injuries to another person while . 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law 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. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. 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. 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. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. 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. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. 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. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: Using these laws, as well as other, more specific sections in the statute, Virginia judges can punish a wide variety of unsafe driving habits as reckless.. 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. This law firm website and legal marketing are managed by MileMark Media. In return, the court will offer you a plea deal for this much lower offense. 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. Contact us to see what we can do for you. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. While an officer can arrest you for the offense, they usually do not. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Pleading No Contest in Virginia Is the Same as Pleading Guilty. 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. If convicted, youll usually receive a relatively large fine. To explore your options, contact the firm at 908-643-6801 or via email to . 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. There are reasons why no self-respecting lawyer would do this to his or her client. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Please call today to schedule a free, no-obligation consultation. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. Depending on your state, either the judge or a jury will make a final decision. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Your case gets called and the judge asks you how you plead. 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. If I Date Someone Else While Separated, Is it Adultery in Virginia? 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). 888-DUI-LWYR | 703-361-6100. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. We respond to all communications within one business day. I am happy to work with you based on your convenience. The abusive driver laws in Virginia were recently repealed. However, a reckless driving ticket isnt the end of the world. This video explains a little about the different plea options and how we decide together what you should plead. That is why it is so important that you work with a knowledgeable reckless driving attorney. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. 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. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. 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. Newport News, VA 23606* You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. Reckless driving is a class 1 misdemeanor. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. What I do as an attorney if you hire me, is we look at all the elements of your case that the Commonwealth is going to have to prove against you and we see if they can prove them. 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. 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. 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. Waterville councilmember pleads guilty to reckless driving and lying to police. In Virginia, drivers can plead . Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. The 10 day timeline includes weekends and holidays. What Happens if You Get a Speeding Ticket in Virginia? If you have any questions about the court date you should reach out to the Clerk of the court. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. 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. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Virginia DUI and DWI; . 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 can also ask for a jury trial, but you may have to pay the costs for it. Fines: Class 1 misdemeanors carry a fine of up to $2,500.
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