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. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. These penalties are commonly referred to as collateral consequences. Seek competent legal counsel for advice on any legal matter. All Rights Reserved. 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. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Pleading No Contest in Virginia Is the Same as Pleading Guilty 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." . Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. 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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. 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. 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. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. The trial itself will be conducted in the same general fashion as your first trial. 720 Mall Parkway Anyone may represent himself or herself in any criminal case, but it is not generally advised. 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. . This is unbelievable, you think to yourself. What Is The Virginia Difference Between Misdemeanor & Felony DUI? It happens to the best of us. Its judgment time. While the judge may appreciate your candor, it is still an admission of guilt. 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. 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. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Plea Bargains in Virginia Reckless Driving Cases | Charles V Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. The final plea that would normally be entered is guilty. Top Questions to Ask a Virginia Reckless Driving Attorney. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. Schedule your consultation today and lets talk about what we can do for you! 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. Were you or a family member charged with reckless driving in Virginia? The 10 day timeline includes weekends and holidays. 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. If your speedometer was off in your favor this could be used to mount your defense. Virginia Traffic Tickets | I Drive Safely Can I Appeal My Virginia Reckless Driving Charge? If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. Jayson Werth of Washington Nationals pleads guilty to reckless driving If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Even with all this helpful information, sometimes you just need to talk. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. 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. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. 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. 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. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. You were driving unsafely, or at an unsafe speed. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. If you have any questions during the stop itself, ask the officer who issued you the ticket. Possibly. The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. This could have a negative impact on future prospects, including employment. 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. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. We provide free consultations for cases in our area. Virginia Beach, VA 23452* Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. Your case gets called and the judge asks you how you plead. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. If you have any questions about the court date you should reach out to the Clerk of the court. Hes sorry, he tells you, but he has no choice but to find you guilty. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Home; About. life, limb, or property?. 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. Its a no-brainer. Reckless driving carries many of the same consequences of any misdemeanor criminal offense, including the possibility of jail time and a criminal record that is both permanent and publicly available. Visit our site today for more information. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. In Virginia, drivers can plead . 468 Investors Pl, Suite 202A So, what to do? Remember, failing to show up to your court date can lead to additional charges. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. 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. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. 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). 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. Email:info@weilandfirm.com Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. Showing the court evidence of this may also help your case. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. The judge explains that he listened to you and all other witnesses intently. But generally, reckless driving is a misdemeanor. While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. I am a Virginia traffic attorney. Testimonials & Reviews: Our Clients Words. 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. 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. Also, under most circumstances, speeding carries a maximum penalty of $250. Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense You could be sentenced to jail if you are convicted of reckless driving. We respond to all communications within one business day. Your Virginia reckless driving defense attorney can help you accomplish this. The outcome of any trial is not certain. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. 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. In most cases, you can resolve them by simply paying the associated fine online. Avoiding DUI Penalties With a "Wet Reckless" Charge However, a wet reckless charge does not. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. 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. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. 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. 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. Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney However, a reckless driving ticket isnt the end of the world. He has been great for us, the very best. Complete the form below to receive a free consultation. Reckless driving is a Class 1 misdemeanor in Virginia. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Call Free Consultation (703) 350-4877. Am I pleading guilty if I sign a reckless driving ticket? Yes. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. You make your appearance in court on the designated court date. Finally, your attorney can look into a possible amendment to Improper Driving. Out of state drivers face the same reckless driving penalties as Virginia drivers. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. Waterville councilmember pleads guilty to reckless driving and lying to 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. This field is for validation purposes and should be left unchanged. Waterville councilmember pleads guilty to reckless driving and lying to police. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation. Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. 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. However, the easiest is to simply avoid driving over 80 miles per hour. 41-6a-528 Reckless driving -- Penalty. There are two ways to commit reckless driving: you can either. Reckless driving is a class 1 misdemeanor. 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. 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. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Virginia Reckless Driving: Out of State Drivers. "Mr. Wilson is unbelievably knowledgeable and professional. If youre charged with reckless driving, consult a lawyer immediately. Phone: (757) 317-1000, Newport News What Is a Wet Reckless in Virginia? How do I plead? you think to yourself. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. 6 Reasons a Lawyer Should Fight Your Ticket. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. 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. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. In situations where there is difficulty proving blood alcohol levels with certainty, many may seek to reduce their DUI charge to a wet reckless driving charge. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. If I Date Someone Else While Separated, Is it Adultery in Virginia? Mr. Wilson is a true professional. Virginia DUI and DWI; . In general, you should expect to pay around $8,000 for a first offense DUI in Virginia.
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