Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. If convicted, youll usually receive a relatively large fine. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? 11815 Fountain Way, Suite 300 Reckless Driving is a pretty serious charge. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. . Additional penalties for failing to appear may also apply. One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. Second, discuss with your attorney whether you should take a driver education or driver improvement course. We would want to make them have to do their job and prove it, and maybe they cant prove it. 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. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. While an officer can arrest you for the offense, they usually do not. Reckless Driving in Virginia. 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. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Can I Appeal My Virginia Reckless Driving Charge? Showing the court evidence of this may also help your case. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Contact us to see what we can do for you. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). However, the costs can change based on the details of your case. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. An attorney experienced with VA reckless driving defense can help you prevent that outcome. By signing the summons, you are promising to attend your court hearing in your criminal case. We provide transparent flat fees and flexible payment plans in most cases. Visit our site today for more information. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. A Quick Guide to Virginias Hit and Run Laws. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. 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. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Generally speaking, there are a few things youll want to do before your trial date if you choose this path. However, there are certain guidelines you need to follow. That could involve pleading to a "wet reckless.". . 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. We recommend them without reservation to anyone looking for business law services. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Reckless driving, unsafe passing . The DMV will also apply between three and six demerit points to your license. Signing the summons is a good strategy to avoid these negative consequences. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. 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. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. 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. 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. What Happens to My Health Insurance Benefits During Divorce in Virginia? However, Virginia will report the offense and any imposed suspension or points to your home state. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. This field is for validation purposes and should be left unchanged. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. Newport News, VA 23606* However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. I work with all clients to understand their desired result. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. When you make a mistake and you cut your arm, please call a doctor. However, the easiest is to simply avoid driving over 80 miles per hour. He hears from the driver of the other vehicle. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. . If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. In this circumstance, the nature of your charge is the same, but the procedure in the United States District Court for the Eastern District of Virginia is slightly different. 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. What are the chances of reducing the ticket? . However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Virginia courts penalize reckless driving as aClass 1 misdemeanor. 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. You always look for a way to help your clients. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. 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. Its the most-reviewed Virginia reckless driving resource on Amazon.com. As with license suspension, the final decision falls to the judge presiding over your case. Virginia Beach, VA 23452* Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. But of course we cant know for sure until we talk with the officer and any other witnesses. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Schedule your consultation today and lets talk about what we can do for you! Do you know how hard it is to find a lawyer that you can trust? 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. Free for Personal Injury & Criminal Defense Only. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. Jacob is the Managing Partner of Tingen Law. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. 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. Reckless driving means driving a car while willingly disregarding the safety of property and people. What Kind of Evidence Can Help in My Reckless Driving Case? What Happens if You Get a Speeding Ticket in Virginia? How do I plead? you think to yourself. The next thing he remembers, he informs the court, is that his vehicle was rammed from behind and he had to be transported to the hospital because his neck was in pain. Reckless driving is a class B misdemeanor in Utah. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. The penalties aren't as severe as in a DUI in Virginia. Because if they cant prove an element, or if there is a question of whether or not they can maybe one is a little sketchy on their end- then we would definitely want to plead not guilty. Even with all this helpful information, sometimes you just need to talk. Possibly. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Additionally, you may never even need to enter a courtroom. 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 plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. Pleading a wet and reckless driving charge may only be available for first-time offenders. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. The Virginia Code defines a number of actions as reckless driving. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. 3437 W. Cary St. Richmond, VA 23221 Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Motorists who cause severe injuries to another person while . In Virginia, reckless driving is a class 1 criminal misdemeanor. Email:info@weilandfirm.com Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Is Now the Time to Request Your Virginia Driving Record? You cannot simply mail in the ticket. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. 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. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. And in most states, this is not admissible in civil proceedings. 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. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. your lawyer may argue for one of two options. 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. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. the same criminal penalties as reckless driving. 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 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. How is this possible? Your home states laws will determine whether any offense will apply to your driving record there. 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. However, you should still speak with an attorney to double check this information. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. 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. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Jacob has been our lawyer for 3 years now and he is excellent. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. This is especially true for repeat offenders. As the saying goes, anything you say can and will be used against you in a court of law. Hello, Im Andrew Flusche. For this reason, you should always speak carefully with officers during traffic stops. 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. 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. Andrew wrote the book on DWI. The statute sets up speeds at which the police officer or trooper can give you a Reckless Driving charge, regardless of how you are driving. 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. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. 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. Reckless driving remains on your Virginia driving record for 11 years. Well outline the basics of each of these penalties below. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Initiating the process is quite simple. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. You could also ask your attorney if youve already hired one. 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. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Speeding is a traffic infraction, and it doesn't carry jail time. License suspension is mandatory for a . This field is for validation purposes and should be left unchanged. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. 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. Your appeal will be heard de novo in circuit court. 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. three and six demerit points to your license. Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. Copyright The Reckless Driving Lawyers 2023. Its a no-brainer. When you plead guilty, you are agreeing to a criminal recordfor life. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Virginia Traffic Court: Should I plead No Contest or Guilty? In Virginia, you have the automatic right to appeal any finding by the general district court.