In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. 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. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. 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. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Waterville councilmember pleads guilty to reckless driving and lying to For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. But of course we cant know for sure until we talk with the officer and any other witnesses. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Hampton, VA 23663 A person can be charged with reckless driving if he is driving 20 miles per hour over . If we can't help, we'll do our best to connect you with someone who can. Reckless Driving Laws by State - FindLaw In general, you should expect to pay around $350-$500. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. You cannot simply mail in the ticket. 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. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. The outcome of any trial is not certain. 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. 11815 Fountain Way, Suite 300 To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. You are not pleading guilty by signing the summons. 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. Seek competent legal counsel for advice on any legal matter. . What Else Can We Do to Get Your Reckless Driving Ticket Reduced? 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. We go above and beyond in order to provide our clients with the best possible representation. If you are found guilty or plead guilty, you will have a criminal conviction on your record. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. An officer may arrest you for reckless driving if he or she observes you: No. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Now its the courts turn. All rights reserved. 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 youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. One is to get your speedometer calibrated at a Virginia auto shop. 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. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Free for Personal Injury & Criminal Defense Only. 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, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. However, the easiest is to simply avoid driving over 80 miles per hour. 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. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. 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. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. There are several ways to avoid reckless driving charges in Virginia. 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. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm 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. Its judgment time. The Virginia Code defines a number of actions as reckless driving. Reckless driving means driving a car while willingly disregarding the safety of property and people. When you make a mistake and you cut your arm, please call a doctor. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Pleading a wet and reckless driving charge may only be available for first-time offenders. Virginia DUI and DWI; . Reckless Driving is not a traffic infraction, it is a misdemeanor. Possibly. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Georgia's Reckless Driving Laws and Penalties Instead, you are asked to sign the summons, which is a promise to appear in court. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Motorists who cause severe injuries to another person while . Jacob has been our lawyer for 3 years now and he is excellent. 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. This is because most states subscribe to the Interstate Drivers License Compact. Your Virginia reckless driving defense attorney can help you accomplish this. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? 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. What is Constructive Desertion in Virginia. If you have any questions about the court date you should reach out to the Clerk of the court. The judge explains that he listened to you and all other witnesses intently. However, the law was repealed a year later, and this is no longer a potential consequence. 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. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. 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. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 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. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. If your reckless driving charge is a result of racing, you face enhanced penalties, including a license suspension of up to 2 years and the possible permanent seizure of your vehicle. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . 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. 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. A Quick Guide to Virginias Hit and Run Laws. Additional penalties for failing to appear may also apply. For this reason, you should always speak carefully with officers during traffic stops. ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. Making a good impression on the judge is especially helpful in this regard. Plea Bargains in Virginia Reckless Driving Cases | Charles V You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. Reckless driving; general rule. Even if you have already been found guilty of reckless driving, you may be able to appeal. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. If the date is further out, then it is likely your actual trial date. I am happy to work with you based on your convenience. three and six demerit points to your license. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. . While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. In Virginia, this is more typically called a no contest plea. An attorney experienced with VA reckless driving defense can help you prevent that outcome. Can I Appeal My Virginia Reckless Driving Charge? By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. You always look for a way to help your clients. When you plead guilty, you are agreeing to a criminal recordfor life. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Instead, you are asked to sign the summons, which is a promise to appear in court. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. 888-DUI-LWYR | 703-361-6100. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. For example, if a reckless driving conviction puts you over eight points in one year, or twelve points within two years, you will lose your license. The 10 day timeline includes weekends and holidays. Am I pleading guilty if I sign a reckless driving ticket? The 10 day timeline includes weekends and holidays. 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. While the judge may appreciate your candor, it is still an admission of guilt. If a death occurs as a result of racing, you will be charged with a class 6 felony. These relationships serve as a benefit in navigating the best path forward for clients. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. Please call today to schedule a free, no-obligation consultation. You could be sentenced to jail if you are convicted of reckless driving. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. 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 FAQs | Frequently Asked Questions He can arrest you and take you to the police station for booking as a result. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. The final plea that would normally be entered is guilty. Showing the court evidence of this may also help your case. 46.2-852. Reckless driving; general rule - Virginia These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. However, people charged with reckless driving where alcohol or drugs are involved may plead to a wet reckless driving charge to reduce a DUI convictions devastating impact. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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 saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. While an officer can arrest you for the offense, they usually do not. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. 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. How Long Does a Reckless Driving Stay on Record in Virginia? As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. . "Mr. Wilson is unbelievably knowledgeable and professional. We would want to make them have to do their job and prove it, and maybe they cant prove it. 6 Reasons a Lawyer Should Fight Your Ticket. That is why it is so important that you work with a knowledgeable reckless driving attorney. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Schedule your consultation today and lets talk about what we can do for you! Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. You were driving unsafely, or at an unsafe speed. Initiating the process is quite simple. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. 720 Mall Parkway 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 Reckless driving is a class B misdemeanor in Utah. Out of state drivers face the same reckless driving penalties as Virginia drivers. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. Virginia is notoriously harsh in its treatment of driving crimes. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. While an officer can arrest you for the offense, they usually do not. 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." . The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. Copyright The Reckless Driving Lawyers 2023. Avoiding DUI Penalties With a "Wet Reckless" Charge The hearing is where you will bring to light all the information presented in the police report. your lawyer may argue for one of two options. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. We recommend them without reservation to anyone looking for business law services. How Do I Fight A Reckless Driving Charge in Virginia? After all, youre a model citizen who works hard, raises a family and has never been in trouble before. You must answer the ticket in the same way as in-state offenders. What Kind of Evidence Can Help in My Reckless Driving Case? However, you should still speak with an attorney to double check this information. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. You make your appearance in court on the designated court date. To explore your options, contact the firm at 908-643-6801 or via email to . How do I plead? you think to yourself. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. All Rights Reserved. Well outline the basics of each of these penalties below. 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. 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. 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. Also, under most circumstances, speeding carries a maximum penalty of $250. The penalties aren't as severe as in a DUI in Virginia. 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. When you plead guilty, you are agreeing to a criminal recordfor life. 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. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Phone: (757) 387-1000, Hampton . 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. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. I work with all clients to understand their desired result. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. The Notice of Appeal form will list a date . 468 Investors Pl, Suite 202A As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. 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. 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. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . Fill out the form below and well be in touch within 1 business day! The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. Well, in part its because you didnt consult with an attorney who has a very clear understanding of Virginia traffic law, the courts policies and the facts at hand. Phone: (757) 317-1000, Newport News Rock and read Annual event encourages reading +4; Mar 2, 2023 Neck injury? Reckless Driving? You are beside yourself! Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. If you have any questions during the stop itself, ask the officer who issued you the ticket. Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC Am I pleading guilty if I sign a reckless driving ticket? They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Mar 2, 2023 Education. 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. 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. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Being proactive in your defense can go a long way, especially in cases of reckless by speed. 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.