This can help show the judge that youre taking steps to fix the problem. 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. This could have a negative impact on future prospects, including employment. 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. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. If you have any questions about the court date you should reach out to the Clerk of the court. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Confidential or time-sensitive information should not be sent through this form. 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. When you make a mistake and you cut your arm, please call a doctor. 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. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. 3437 W. Cary St. Richmond, VA 23221 If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. You could be sentenced to jail if you are convicted of reckless driving. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Jacob has been our lawyer for 3 years now and he is excellent. Hes sorry, he tells you, but he has no choice but to find you guilty. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. The problem is that question depends upon all the facts and circumstances of your case. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. 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. 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. Pleading No Contest in Virginia Is the Same as Pleading Guilty Reckless driving remains on your Virginia driving record for 11 years. 468 Investors Pl, Suite 202A You only have 10 days to file the paperwork with your local Circuit Court. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Pleading a wet and reckless driving charge may only be available for first-time offenders. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. You cannot simply mail in the ticket. In most cases, you can resolve them by simply paying the associated fine online. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. 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. What Is a Wet Reckless in Virginia? Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Yes. If you have any questions during the stop itself, ask the officer who issued you the ticket. If you have any questions, please contact our firm at (804) 355-8037. Reckless driving is a crime. These penalties are commonly referred to as collateral consequences. What are the chances of reducing the ticket? Reckless Driving in Virginia. If the date is further out, then it is likely your actual trial date. If a death occurs as a result of racing, you will be charged with a class 6 felony. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. You are not pleading guilty to reckless driving by signing the summons. You were driving unsafely, or at an unsafe speed. Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News All Rights Reserved. (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . 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 Avoiding jail time. These shops should be able to provide you with a calibration sheet that can be used in Court. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. This lets you avoid criminal charges altogether in exchange for a much lower punishment, such as a small fine, community service, and/or mandatory driving classes. I am happy to work with you based on your convenience. Reckless driving means driving a car while willingly disregarding the safety of property and people. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. Even with all this helpful information, sometimes you just need to talk. What is Constructive Desertion in Virginia. Reckless Driving in Virginia: What You Need To Know 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. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. It happens to the best of us. Can I Appeal My Virginia 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). Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. 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. 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. 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. 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. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. 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. You understand that if you fail to attend your court hearing, you could be arrested. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Instead, the maximum penalty for speeding is usually only a $250 fine. Failing to do so is a separate crime, which can result in even more penalties. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Mr. Wilson is a true professional. For this reason, you should always speak carefully with officers during traffic stops. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. How do I plead? you think to yourself. This can be used against you in civil court. Call our Fairfax law office or start an online chat to schedule a free consultation today. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Plea Bargains in Virginia Reckless Driving Cases | Charles V Your Virginia reckless driving defense attorney can help you accomplish this. This law firm website and legal marketing are managed by MileMark Media. 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. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Utah's Reckless and Driving Laws and Penalties In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. 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. That is why it is so important that you work with a knowledgeable reckless driving attorney. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. When you plead guilty, you are agreeing to a criminal recordfor life. 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. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. the same criminal penalties as reckless driving. This was a minor accident. And finally its your turn to testify. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Can I plead not guilty to a careless driving charge? He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. 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. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. A DUI charge stays on your criminal and DMV record. He hears from the driver of the other vehicle. Complete the form below to receive a free consultation. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. 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. In general, you should expect to pay around $350-$500. One is to get your speedometer calibrated at a Virginia auto shop. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . . However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. . 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. Virginia Reckless Driving: Out of State Drivers. This means that no matter how light the traffic and no matter how under control your vehicle, it is still reckless driving to drive 85 mph, even in a 70 mph zone, or 20 mph or more over the speed limit. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. 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 plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. You explain to the court that you were not distracted when you hit the other vehicle. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Holcomb Law, P.C. Reckless driving sentence - Virginia - Keefer Law Firm Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. three and six demerit points to your license. 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. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. And in many Northern Virginia jurisdictions (like Fairfax County), the . Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. I plead not guilty, your honor, you stammer. These points will normally remain on your license for two years. It is in your best interest to have a Virginia attorney who is experienced in reckless driving laws file the appeal for you and represent you throughout the process. 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. In Virginia, drivers can plead . Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. 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. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. 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. 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. Am I pleading guilty if I sign a reckless driving ticket? He can arrest you and take you to the police station for booking as a result. Notwithstanding your utter disagreement with the judges ruling, you explain to his or her honor that you have a perfect driving record and this is the first accident youve ever been involved in and youd like the court to consider reducing this to something less serious than reckless driving. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. However, the most common reason for a reckless driving charge is speed. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. License suspension is mandatory for a . 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. 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. The DMV will also apply between three and six demerit points to your license. You were driving on the day of the offense. 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. What are the Consequences of a Reckless Driving Conviction? 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. 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 outcome of any trial is not certain. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Avoiding DUI Penalties With a "Wet Reckless" Charge It is only a promise that you will be in court. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. Am I pleading guilty if I sign a reckless driving ticket? If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. 29 S Mallory St, Suite 206 The judge then listens to the evidence. Even if you have already been found guilty of reckless driving, you may be able to appeal. This is one very good reason to speak with an attorney early in your case, as they know how to maneuver your case towards this outcome. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Do you know how hard it is to find a lawyer that you can trust? Virginia DUI and DWI; . You must answer the ticket in the same way as in-state offenders. Call our Manassas office or start a live chat today to schedule your free consultation to learn how we will aggressively fight for your rights. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. your lawyer may argue for one of two options. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. However, a wet reckless charge does not. 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. Fill out the form below and well be in touch within 1 business day! We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. 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. To explore your options, contact the firm at 908-643-6801 or via email to . 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.
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