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. Make sure to always attend any court dates relating to your reckless driving charge. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). One exception is that your reckless driving conviction may not impact your driving privileges in your home state, and you may not receive points against your license. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. These points will normally remain on your license for two years. 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 305 Harrison Street SE Third Floor Leesburg, Virginia 20175, 113 S. Kent Street Suite 201 Winchester, Virginia 22601, 9300 Grant Avenue Suite 101 Manassas, Virginia 20110-5069, 201 International Circle Suite 230 Hunt Valley, Maryland 21030, 10505 Judicial Drive Suite 206 Fairfax, Virginia 22030, 136 Professional Circle Williamsburg, Virginia 23185. Were you or a family member charged with reckless driving in Virginia? 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. 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. 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. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . Mr. Wilson is a true professional. That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. I will carefully review the facts of your case in determining how best to reach your goal. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. But of course we cant know for sure until we talk with the officer and any other witnesses. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Fax: (804) 355-8875 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. 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. Reckless Driving is a pretty serious charge. Do you know how hard it is to find a lawyer that you can trust? 11815 Fountain Way, Suite 300 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. 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. 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. However, you should note that youll never receive a ticket for improper driving.. 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. Well outline the basics of each of these penalties below. Hampton, VA 23663 Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Reckless driving; general rule. Free for Personal Injury & Criminal Defense Only. Pleading to less serious charges. 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. Visit our site today for more information. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. A person can be charged with reckless driving if he is driving 20 miles per hour over . Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. 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. You only have 10 days to file the paperwork with your local Circuit Court. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. These relationships serve as a benefit in navigating the best path forward for clients. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. 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. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. Virginia Traffic Court: Should I plead No Contest or Guilty? you can avoid going to court altogether by entering a guilty plea and waiving your traffic . Reckless driving means driving a car while willingly disregarding the safety of property and people. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. The outcome of any trial is not certain. In general, you should expect to pay around $350-$500. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. While the judge may appreciate your candor, it is still an admission of guilt. To explore your options, contact the firm at 908-643-6801 or via email to . 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. 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. The DMV will also apply between three and six demerit points to your license. An attorney experienced with VA reckless driving defense can help you prevent that outcome. You are not pleading guilty to reckless driving by signing the summons. The judge then listens to the evidence. Its a no-brainer. However, you should still speak with an attorney to double check this information. The trial itself will be conducted in the same general fashion as your first trial. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. 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. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. 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. . You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. These penalties are commonly referred to as collateral consequences. three and six demerit points to your license. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Even if you have already been found guilty of reckless driving, you may be able to appeal. Jacob is the Managing Partner of Tingen Law. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. While an officer can arrest you for the offense, they usually do not. 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. In Virginia, this is more typically called a no contest plea. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. It will tell you the date, time, and location of your hearing. However, Virginia will report the offense and any imposed suspension or points to your home state. 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. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. That is why it is so important that you work with a knowledgeable reckless driving attorney. All Rights Reserved. Second, discuss with your attorney whether you should take a driver education or driver improvement course. Often, a conviction also affects government security clearances and contract eligibility for military or law enforcement personnel, and must be disclosed when applying for U.S. citizenship. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Reckless driving is a class 1 misdemeanor. However, there are certain guidelines you need to follow. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. The final plea that would normally be entered is guilty. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. The Virginia Appeals Process. Newport News, VA 23693 Honestly with a lot of cases, with traffic cases like reckless driving and speeding and things like that, a lot of times the officer will have all their evidence in order and the case is more of a question of negotiation, trying to get a better result from the prosecutor or the judge. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. What Happens to My Health Insurance Benefits During Divorce in Virginia? Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. 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. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. One very common example of charge bargaining in Virginia relates to reckless driving. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. If convicted, youll usually receive a relatively large fine. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. 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. 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. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. 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. We provide free consultations for cases in our area. Hello, Im Andrew Flusche. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 720 Mall Parkway First, look at the charges or law section part of the ticket. Remember, failing to show up to your court date can lead to additional charges. Out of state drivers face the same reckless driving penalties as Virginia drivers. Reckless Driving in Virginia. What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. 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. Our special report about driving on suspended explains six critical issues to possibly fight in your case. You are not pleading guilty by signing the summons. In most cases, you can resolve them by simply paying the associated fine online. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. However, a wet reckless charge does not. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. If you get stopped and you get charged with a crime, call a lawyer! Well, you guys treat people well. Andrew wrote the book on reckless driving. If you have any questions about the court date you should reach out to the Clerk of the court. Showing the court evidence of this may also help your case. As with license suspension, the final decision falls to the judge presiding over your case. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. . 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. 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. 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 Virginia, reckless driving is a class 1 criminal misdemeanor. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. This is especially true for repeat offenders. Speak to one of our lawyers now to identify the right solutions. 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. I plead not guilty, your honor, you stammer. In Virginia, reckless driving is a criminal charge that can remain on your record and possibly interfere with your ability to get a job in the future. This means that it carries the same criminal penalties as reckless driving. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. Reckless Driving is not a traffic infraction, it is a misdemeanor. That could involve pleading to a "wet reckless.". Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. It is only a promise that you will be in court. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. This field is for validation purposes and should be left unchanged. Mar 2, 2023 Education. But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. You were driving on the day of the offense. The judge explains that he listened to you and all other witnesses intently. How is this possible? Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Confidential or time-sensitive information should not be sent through this form. Phone: (757) 260-5996. I wouldnt be in school right now if it wasnt for Jacob and his team. However, the costs can change based on the details of your case. Initiating the process is quite simple. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. 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.. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Your case gets called and the judge asks you how you plead. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. You always look for a way to help your clients. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Initiating the process is quite simple. 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. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Virginia Reckless Driving: Out of State Drivers. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. 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. Failing to do so is a separate crime, which can result in even more penalties. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. How Do I Fight A Reckless Driving Charge in Virginia? Avoiding jail time. A Quick Guide to Virginias Hit and Run Laws. 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. Virginia is notoriously harsh in its treatment of driving crimes. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. However, you can appeal the outcome of your case and receive a new trial with a different judge. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. The Virginia Code defines a number of actions as reckless driving. 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. life, limb, or property?. . What is Constructive Desertion in Virginia. Making a good impression on the judge is especially helpful in this regard. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. Top Questions to Ask a Virginia Reckless Driving Attorney. If a death occurs as a result of racing, you will be charged with a class 6 felony. 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. "Mr. Wilson is unbelievably knowledgeable and professional. And in most states, this is not admissible in civil proceedings.