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. Reckless driving sentence - Virginia - Keefer Law Firm We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . As with license suspension, the final decision falls to the judge presiding over your case. 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. the same criminal penalties as reckless driving. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. 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. Holcomb Law, P.C. 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 Failing to do so is a separate crime, which can result in even more penalties. 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. When you plead guilty, you are agreeing to a criminal recordfor life. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Confidential or time-sensitive information should not be sent through this form. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Speeding is a traffic infraction, and it doesn't carry jail time. 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. If you have any questions about the court date you should reach out to the Clerk of the court. 2023 Simms Showers, LLP. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Now its the courts turn. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. 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. 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You understand that if you fail to attend your court hearing, you could be arrested. If convicted, youll usually receive a relatively large fine. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. A Quick Guide to Virginias Hit and Run Laws. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Were a Richmond, Virginia law firm with clients from around the world. Virginia laws do not statutorily define wet and reckless driving. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. The 10 day timeline includes weekends and holidays. Email:info@weilandfirm.com 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. Make sure to attend both your first appearance (if applicable) and your trial date. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Copyright The Reckless Driving Lawyers 2023. In most cases, you can resolve them by simply paying the associated fine online. However, a reckless driving ticket isnt the end of the world. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. 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. It will tell you the date, time, and location of your hearing. I plead not guilty, your honor, you stammer. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. 888-DUI-LWYR | 703-361-6100. It typically has the same effect as a guilty plea. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. Many Virginia jurisdictions no longer permit wet reckless driving pleas. There are two ways to commit reckless driving: you can either. Plea Bargains in Virginia Reckless Driving Cases | Charles V Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Being proactive in your defense can go a long way, especially in cases of reckless by speed. 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 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. 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. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. 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. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. 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. Fill out the form below and well be in touch within 1 business day! Likewise, showing up and admitting guilt but explaining your circumstances (you were passing another merging vehicle, you were running late for an important event, you were driving safely) will also likely end up in a guilty conviction. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. 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. Testimonials & Reviews: Our Clients Words. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. Can I Appeal My Virginia Reckless Driving Charge? In general, you should expect to pay around $350-$500. 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. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Second, discuss with your attorney whether you should take a driver education or driver improvement course. We understand that returning to the state may be difficult and require significant time and expense. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. You must answer the ticket in the same way as in-state offenders. Pleading No Contest in Virginia Is the Same as Pleading Guilty Reckless Driving Laws by State - FindLaw A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. You cannot mail in the ticket before court in Virginia because the judge has discretion in deciding your penalty depending on the facts and circumstances of your crime. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Your appeal will be heard de novo in circuit court. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. This is especially true for repeat offenders. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. The abusive driver laws in Virginia were recently repealed. life, limb, or property?. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. What Do You Need to Know about Wet Reckless in Virginia? 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. 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. Virginia Criminal Offense FAQs | The Wilson Law Firm This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Its a no-brainer. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. How Much Does a Virginia Reckless Driving Lawyer Cost? For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney Typically, you are not handcuffed and taken down to the police station to be booked and jailed. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 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. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. License suspension is mandatory for a . As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Virginia Traffic Court: Should I plead No Contest or Guilty? Additional penalties for failing to appear may also apply. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. 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. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Is Now the Time to Request Your Virginia Driving Record? After all, youre a model citizen who works hard, raises a family and has never been in trouble before. 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. 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. When you make a mistake and you cut your arm, please call a doctor. Hampton, VA 23663 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. Second, you should look into taking driver improvement courses prior to your trial. This law firm website and legal marketing are managed by MileMark Media. 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. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal 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. Neck injury? Reckless Driving? You are beside yourself! 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. Reckless Driving is a pretty serious charge. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. While an officer can arrest you for the offense, they usually do not. 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. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. 3437 W. Cary St. Richmond, VA 23221 There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Reckless Driving in Virginia: What You Need To Know 468 Investors Pl, Suite 202A Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. Visit our site today for more information. 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. 6 Reasons a Lawyer Should Fight Your Ticket. 46.2-852. Reckless driving; general rule - Virginia You can also ask for a jury trial, but you may have to pay the costs for it. We respond to all communications within one business day. He has been great for us, the very best. So, what to do? Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. You only have 10 days to file the paperwork with your local Circuit Court. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. 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. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. 46.2-868. Reckless driving; penalties - Virginia Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. I am happy to work with you based on your convenience. . Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Utah's Reckless and Driving Laws and Penalties 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. Phone: (757) 260-5996. Remember, failing to show up to your court date can lead to additional charges. 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. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. EVER. 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. This was a minor accident. And finally its your turn to testify. 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. In Virginia, drivers can plead . Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. Contact us to see what we can do for you. I work with all clients to understand their desired result. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. That means that it will be a complete do-over and the judge will hear the case as if it were not brought before any previous court. If you have any questions during the stop itself, ask the officer who issued you the ticket. Hes sorry, he tells you, but he has no choice but to find you guilty. Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. 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. By signing the summons, you are promising to attend your court hearing in your criminal case. 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. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. What Is a Wet Reckless in Virginia? One very common example of charge bargaining in Virginia relates to reckless driving. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. 720 Mall Parkway "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. First, look at the charges or law section part of the ticket. Well, you guys treat people well. While an officer can arrest you for the offense, they usually do not. 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. And in many Northern Virginia jurisdictions (like Fairfax County), the . In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. 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. 11815 Fountain Way, Suite 300 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. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Top Questions to Ask a Virginia Reckless Driving Attorney.
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