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. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. What are the Advantages of Taking a Plea Deal 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. And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Youre left stunned. What guilty says is yes, I did what I am accused of. There is a difference between saying that the Commonwealth has the evidence to prove what theyre claiming, versus yes, I did what Im accused of. Thats the way I like to think about no contest versus guilty, and most of the time, I wouldnt plead a client guilty unless as pursuant to a plea agreement with the Commonwealth and theyre reducing the charge or giving us a really good outcome that we might not get from the judge. 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.. 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. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Testimonials & Reviews: Our Clients Words. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. 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. As with license suspension, the final decision falls to the judge presiding over your case. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. An officer may arrest you for reckless driving if he or she observes you: No. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. . As you can no doubt see, it this is not a decision to be made lightly. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Reckless driving is a Class 1 misdemeanor in Virginia. I am happy to work with you based on your convenience. Email:info@weilandfirm.com This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Were you or a family member charged with reckless driving in Virginia? All rights reserved. In return, the court will offer you a plea deal for this much lower offense. Pleading a wet and reckless driving charge may only be available for first-time offenders. 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. Reckless Driving VA | Reckless Driving First Offense Attorneys VA Instead, the maximum penalty for speeding is usually only a $250 fine. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. 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. Failing to do so is a separate crime, which can result in even more penalties. 46.2-868. Reckless driving; penalties - Virginia 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. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. 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. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Reckless driving is a Class 1 misdemeanor in Virginia. This is an informal hearing commonly known as arraignment. There are two ways to commit reckless driving: you can either. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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. the same criminal penalties as reckless driving. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Confidential or time-sensitive information should not be sent through this form. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. If a death occurs as a result of racing, you will be charged with a class 6 felony. 888-DUI-LWYR | 703-361-6100. How Should I Plead In My Traffic Case? - Andrew Flusche Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Instead, you are asked to sign the summons, which is a promise to appear in court. 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. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. What Is The Virginia Difference Between Misdemeanor & Felony DUI? Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. What Happens to My Health Insurance Benefits During Divorce in Virginia? Phone:(804) 355-8037 You were driving on the day of the offense. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. In Virginia, drivers can plead . Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law Do you know how hard it is to find a lawyer that you can trust? First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. Virginia Criminal Offense FAQs | The Wilson Law Firm Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Reckless driving is a class B misdemeanor in Utah. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. You explain to the court that you were not distracted when you hit the other vehicle. 46.2-852. Reckless driving; general rule - Virginia A plea of no contest, on the other hand, contains no admission. Well outline the basics of each of these penalties below. He hears from the driver of the other vehicle. This law firm website and legal marketing are managed by MileMark Media. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. He has been great for us, the very best. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. At most, improper driving will result in a $500 fine and three points on your license. Pleading 'No Contest' in Virginia: What You Should Know 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. 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. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. 11815 Fountain Way, Suite 300 Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Reckless Driving in Virginia: The Ultimate Guide - Tingen Law, PLLC Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. The Notice of Appeal form will list a date . If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. The Virginia Code defines a number of actions as reckless driving. Second, discuss with your attorney whether you should take a driver education or driver improvement course. How Do I Fight A Reckless Driving Charge in Virginia? Mr. Wilson is a true professional. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Contactme today to discuss your cases facts to determine the best option for you! Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense The abusive driver laws in Virginia were recently repealed. License suspension is mandatory for a . Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 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 you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. It will tell you the date, time, and location of your hearing. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. What Do You Need to Know about Wet Reckless in Virginia? Call our Fairfax law office or start an online chat to schedule a free consultation today. We understand that returning to the state may be difficult and require significant time and expense. We provide transparent flat fees and flexible payment plans in most cases. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. I will carefully review the facts of your case in determining how best to reach your goal. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. serves clients in Hampton Roads VA both in the Peninsula and the Southside including Seaford, Poquoson, Lightfoot, Hampton, Newport News, Yorktown, Fort Eustis, Lackey, Gloucester Point, Achilles, Maryus, Williamsburg, Bayside, Portsmouth, Norfolk, Chesapeake, Suffolk, Virginia Beach, Smithfield and beyond. The Virginia Appeals Process. First, depending on your district, you should commit to performing community service before your trial date. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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. 2023 Charles V. Hardenbergh, PC, All Rights Reserved, Reproduced with Permission, DUI/DWI Arrest Survival Guide The Guilt Myth, The Secret Truth about how to win a Virginia Expungement Case, Virginia Reckless Driving Sentence Estimator, 5 Mistakes to Avoid When Preparing for Court, Why You Shouldnt Pay Your Reckless Driving Ticket. Reckless Driving Laws by State - FindLaw pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. three and six demerit points to your license. Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Fax: (804) 355-8875 Andrew wrote the book on DWI. We go above and beyond in order to provide our clients with the best possible representation. When you make a mistake and you cut your arm, please call a doctor. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Am I pleading guilty if I sign a reckless driving ticket? Hello, Im Andrew Flusche. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Utah's Reckless and Driving Laws and 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. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. What Happens if You Get a Speeding Ticket in Virginia? This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. While an officer can arrest you for the offense, they usually do not. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Reckless driving means driving a car while willingly disregarding the safety of property and people. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. No. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. To drive recklessly in Virginia is to have a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property. Powers v. Commonwealth, 211 Va. 386, 388 (1970). If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. Virginia DUI and DWI; . Waterville councilmember pleads guilty to reckless driving and lying to One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. Newport News, VA 23606* As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. 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. However, you can appeal the outcome of your case and receive a new trial with a different judge. . The Commonwealth of Virginia defines reckless driving in many different ways. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. 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. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney 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. Virginia Reckless Driving: Out of State Drivers. 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. You always look for a way to help your clients. If we can't help, we'll do our best to connect you with someone who can. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. 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. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. Additional penalties for failing to appear may also apply. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. 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. 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. GET DIRECTIONS. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? How is this possible? We provide free consultations for cases in our area. However, a reckless driving ticket isnt the end of the world. These shops should be able to provide you with a calibration sheet that can be used in Court. No. I had this video transcribed for visitors who prefer to read the content. 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. Pleading No Contest in Virginia Is the Same as Pleading Guilty 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. 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. Phone: (757) 317-1000, Newport News You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. 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. By hiring an attorney experienced in Virginia reckless driving law, they can petition the court to appear on your behalf and you may not have to be present. In Virginia, reckless driving is a class 1 criminal misdemeanor. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Complete the form below to receive a free consultation. Phone: (757) 387-1000, Hampton In some states, certain acts are automatically considered reckless, such as: The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. 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. Jacob has been our lawyer for 3 years now and he is excellent. 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. 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. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. Jacob is the Managing Partner of Tingen Law. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. 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. If you are found guilty or plead guilty, you will have a criminal conviction on your record. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Reckless driving is a crime. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. This means that it carries the same criminal penalties as reckless driving. 29 S Mallory St, Suite 206 By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Free for Personal Injury & Criminal Defense Only. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. 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. Home; About. If you have any questions about the court date you should reach out to the Clerk of the court. An attorney experienced with VA reckless driving defense can help you prevent that outcome. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you to remain free until your case is decided. 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. Seek competent legal counsel for advice on any legal matter. Pleading to less serious charges. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. You may be able to enter into a plea agreement to plead guilty to a much less serious offense that does not include the harsh penalties of a reckless driving conviction or that may not result in a criminal record. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously.
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