License suspension is mandatory for a . Reckless Driving in Virginia: What You Need To Know Avoiding DUI Penalties With a "Wet Reckless" Charge He can arrest you and take you to the police station for booking as a result. 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. Initiating the process is quite simple. Jayson Werth of Washington Nationals pleads guilty to reckless driving 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." . The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. First, look at the charges or law section part of the ticket. Showing the court evidence of this may also help your case. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. Please call today to schedule a free, no-obligation consultation. 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. In general, you should expect to pay around $350-$500. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Free for Personal Injury & Criminal Defense Only. Yes. 888-DUI-LWYR | 703-361-6100. 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. We provide transparent flat fees and flexible payment plans in most cases. This law firm website and legal marketing are managed by MileMark Media. 3437 W. Cary St. Richmond, VA 23221 46.2-868. Reckless driving; penalties - Virginia The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. As with license suspension, the final decision falls to the judge presiding over your case. This means that it carries the same criminal penalties as reckless driving. Instead, you are asked to sign the summons, which is a promise to appear in court. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? Instead, the maximum penalty for speeding is usually only a $250 fine. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. If youre charged with reckless driving, consult a lawyer immediately. A Quick Guide to Virginias Hit and Run Laws. This can help show the judge that youre taking steps to fix the problem. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. 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 Lawyer In Virginia Beach | Reckless Driving Defense He has been great for us, the very best. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. There are reasons why no self-respecting lawyer would do this to his or her client. Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. In addition, you may not prepay reckless driving citations in Virginia. Reckless Driving in Virginia: The Ultimate Guide - Tingen Law, PLLC This can be used against you in civil court. 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. 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. Schedule your consultation today and lets talk about what we can do for you! - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Youre left stunned. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. I had this video transcribed for visitors who prefer to read the content. 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. Holcomb Law, P.C. Our office handles reckless driving cases across Northern Virginia state courts (Alexandria, Fairfax, Arlington, Prince William) and the Eastern District of Virginia federal district court. Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC However, the easiest is to simply avoid driving over 80 miles per hour. A person can be charged with reckless driving if he is driving 20 miles per hour over . The problem is that question depends upon all the facts and circumstances of your case. 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. If you have any questions during the stop itself, ask the officer who issued you the ticket. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Guilty is a little bit different than no contest. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. 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. By signing the summons, you are promising to attend your court hearing in your criminal case. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Your appeal will be heard de novo in circuit court. 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. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. There are two ways to commit reckless driving: you can either. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . The hearing is where you will bring to light all the information presented in the police report. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Virginia DUI and DWI; . It happens to the best of us. Top Questions to Ask a Virginia Reckless Driving Attorney. As the saying goes, anything you say can and will be used against you in a court of law. Visit our site today for more information. 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. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. All rights reserved. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Speak to one of our lawyers now to identify the right solutions. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Maximum penalty: The way you would be guilty of a felony traffic offense in Virginia is if you are convicted of multiple DUI's in a short period of time. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. 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 can appeal a guilty verdict in a reckless driving case under a couple of conditions. Your case gets called and the judge asks you how you plead. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. In return, the court will offer you a plea deal for this much lower offense. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. 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. By providing the officer on scene with additional details, you increase the chance of self-incrimination. 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. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Even with all this helpful information, sometimes you just need to talk. The judge then listens to the evidence. Indeed, pleading not guilty or no contest before such a judge could prove to be a very costly mistake, especially to a person concerned about the affect the reckless driving conviction could have on their driving record, auto insurance rates, employment, or driving privileges. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Virginia is notoriously harsh in its treatment of driving crimes. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. We would want to make them have to do their job and prove it, and maybe they cant prove it. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. 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. And in many Northern Virginia jurisdictions (like Fairfax County), the . Call Free Consultation (703) 350-4877. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. 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. Can I plead not guilty to a careless driving charge? Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. GET DIRECTIONS. the same criminal penalties as reckless driving. 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. Virginia Traffic Court: Should I plead No Contest or Guilty? failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Phone:(804) 355-8037 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. This could have a negative impact on future prospects, including employment. 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. You explain to the court that you were not distracted when you hit the other vehicle. We respond to all communications within one business day. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. 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. 29 S Mallory St, Suite 206 If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Reckless Driving is not a traffic infraction, it is a misdemeanor. 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 speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. 11815 Fountain Way, Suite 300 In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. No. 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. 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. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. 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. Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Were you or a family member charged with reckless driving in Virginia? Anyone may represent himself or herself in any criminal case, but it is not generally advised. How Long Does a Reckless Driving Stay on Record in Virginia? The Virginia Appeals Process. These points will normally remain on your license for two years. Jacob is the Managing Partner of Tingen Law. However, you should note that youll never receive a ticket for improper driving.. 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. 46.2-852. Reckless driving; general rule - Virginia In many cases, I can handle your case through discussions over the phone and email. If the date is further out, then it is likely your actual trial date. . While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. When you plead guilty, you are agreeing to a criminal recordfor life. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. Virginia Traffic Court: Should I plead No Contest or Guilty? . In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. However, a reckless driving ticket isnt the end of the world. Hes sorry, he tells you, but he has no choice but to find you guilty. Phone: (757) 387-1000, Hampton If you are pulled over for speeding in excess of 20 mph above the posted limit, or in excess of 80 mph regardless of the posted limit, you may be charged with a class 1 misdemeanor. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. The other driver indicates to the court that while he is waiting patiently at the red light on a nice slow and easy day, he saw you careening toward his vehicle from his rearview mirror and it appeared that you were distracted by your radio. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. 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. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. One very common example of charge bargaining in Virginia relates to reckless driving. "Excellent teamwork, professional staff, and caring environment." 2023 Simms Showers, LLP. 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. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Reckless Driving is a pretty serious charge. How to Get Reckless Driving Dismissed | Legal Beagle Well outline the basics of each of these penalties below. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. 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. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 Well, you guys treat people well. ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. 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. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. If a death occurs as a result of racing, you will be charged with a class 6 felony. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. "Mr. Wilson is unbelievably knowledgeable and professional. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Alvin Kamara, Chris Lammons plead not guilty to battery charges Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Making a good impression on the judge is especially helpful in this regard. If your reckless driving charge is a result of racing, you face enhanced penalties, including a license suspension of up to 2 years and the possible permanent seizure of your vehicle. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? First, depending on your district, you should commit to performing community service before your trial date. Reckless driving means driving a car while willingly disregarding the safety of property and people. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Yes. In some states, certain acts are automatically considered reckless, such as: In Virginia, reckless driving is defined as any of the following: Driving over 20 mph over the speed limit, or faster than 80 mph total. The Virginia Code defines a number of actions as reckless driving. Copyright The Reckless Driving Lawyers 2023. Then the court hears from the officer. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. your lawyer may argue for one of two options. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case.