pleading guilty to reckless driving in virginia pleading guilty to reckless driving in virginia

So, what to do? Holcomb Law, P.C. 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. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. However, you should note that youll never receive a ticket for improper driving.. The Commonwealth of Virginia defines reckless driving in many different ways. 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. Call our Fairfax law office or start an online chat to schedule a free consultation today. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Can I Appeal My Virginia Reckless Driving Charge? For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Phone: (757) 260-5996. You will be given a court date, and it is extremely important that you appear when you are supposed to. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. While an officer can arrest you for the offense, they usually do not. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. . All rights reserved. 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. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. However, the most common reason for a reckless driving charge is speed. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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. 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. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. 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 actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. 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. 41-6a-528 Reckless driving -- Penalty. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. 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. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. We provide transparent flat fees and flexible payment plans in most cases. This law firm website and legal marketing are managed by MileMark Media. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. 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. A person can be charged with reckless driving if he is driving 20 miles per hour over . In Virginia, reckless driving is a class 1 criminal misdemeanor. Speeding is a traffic infraction, and it doesn't carry jail time. Complete the form below to receive a free consultation. We understand that returning to the state may be difficult and require significant time and expense. 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. The outcome of any trial is not certain. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Mar 2, 2023 Education. 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. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. What are the Consequences of a Reckless Driving Conviction? Fines: Class 1 misdemeanors carry a fine of up to $2,500. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. If we can't help, we'll do our best to connect you with someone who can. If you get stopped and you get charged with a crime, call a lawyer! Motorists who cause severe injuries to another person while . The penalties aren't as severe as in a DUI in Virginia. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. 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. Make sure to attend both your first appearance (if applicable) and your trial date. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. 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. Guilty is a little bit different than no contest. This is because most states subscribe to the Interstate Drivers License Compact. 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. This means that it carries the same criminal penalties as reckless driving. Instead, you are asked to sign the summons, which is a promise to appear in court. ", "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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Neck injury? Reckless Driving? You are beside yourself! However, the easiest is to simply avoid driving over 80 miles per hour. If you have any questions about the court date you should reach out to the Clerk of the court. You are not pleading guilty by signing the summons. Second, you should look into taking driver improvement courses prior to your trial. We go above and beyond in order to provide our clients with the best possible representation. 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. What Happens if You Get a Speeding Ticket in Virginia? It typically has the same effect as a guilty plea. This is unbelievable, you think to yourself. When you make a mistake and you cut your arm, please call a doctor. Fill out the form below and well be in touch within 1 business day! How Do I Fight A Reckless Driving Charge in Virginia? One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Is Now the Time to Request Your Virginia Driving Record? However, you should still speak with an attorney to double check this information. 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. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Make sure to always attend any court dates relating to your reckless driving charge. . There are 5 general ways to receive DUI charges in Virginia, all of which will result in the loss of your license, fines, and possibly even jail time. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. 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. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. 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. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. That is why it is so important that you work with a knowledgeable reckless driving attorney. And in most states, this is not admissible in civil proceedings. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. 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. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. 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. The Virginia Code defines a number of actions as reckless driving. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. 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. Conviction of felony reckless driving causing death results in a license suspension of 1 to 3 years as well as a prison sentence of up to 20 years. 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. Initiating the process is quite simple. Your appeal will be heard de novo in circuit court. Your case gets called and the judge asks you how you plead. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. I will carefully review the facts of your case in determining how best to reach your goal. The problem is that question depends upon all the facts and circumstances of your case. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. Am I pleading guilty if I sign a reckless driving ticket? Reckless driving remains on your Virginia driving record for 11 years. Contact us to see what we can do for you. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. 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. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. He hears from the driver of the other vehicle. Youre left stunned. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. This is one very good reason to speak with an attorney early in your case, as they know how to maneuver your case towards this outcome. 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. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. 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. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. 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. These points will normally remain on your license for two years. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. Newport News, VA 23693 As the saying goes, anything you say can and will be used against you in a court of law. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. 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. You understand that if you fail to attend your court hearing, you could be arrested. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Many Virginia jurisdictions no longer permit wet reckless driving pleas. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. 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.. If you qualify for a court-appointed attorney, the judge will also let you know on this day. Reckless driving means driving a car while willingly disregarding the safety of property and people. Reckless driving, unsafe passing . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. 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. What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. Virginia Traffic Court: Should I plead No Contest or Guilty? It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. Mr. Wilson is a true professional. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. The officer testifies that he did not see any tire marks to indicate braking, which led him to believe that you were distracted and did not brake before impacting the other vehicle. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. If you are found guilty or plead guilty, you will have a criminal conviction on your record. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. A common situation where the prosecutor may offer a wet reckless plea is where your blood alcohol level (BAC) was only slightly above the legal limit of .08%. Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. Visit our site today for more information. Some judges, for example, will not dismiss or reduce a reckless driving charge to a lesser offense against a defendant who pleads not guilty and then asks the court for leniency after the judge finds that the facts established at trial support a conviction. Phone: (757) 387-1000, Hampton There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. 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. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. 3437 W. Cary St. Richmond, VA 23221 By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. 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. 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. 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. Phone: (757) 317-1000, Newport News Confidential or time-sensitive information should not be sent through this form. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Hampton, VA 23663 There are several ways to avoid reckless driving charges in Virginia. It means that you are not admitting guilt, but you are also not disputing the facts of the charge and therefore, you accept the court's decision even though you're not admitting guilt. That could involve pleading to a "wet reckless.". In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Initiating the process is quite simple. If you are pulled over for speeding in excess of 20 mph above the posted limit, or in excess of 80 mph regardless of the posted limit, you may be charged with a class 1 misdemeanor. Additional penalties for failing to appear may also apply. Phone:(804) 355-8037 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. 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. Our experienced reckless driving attorneys at Simms Showers, LLP serve clients in Leesburg, Loudoun County and Fairfax County and can defend you both initially and on appeal from your reckless driving charge. I am happy to work with you based on your convenience. The Notice of Appeal form will list a date . One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. 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. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. Reckless Driving is not a traffic infraction, it is a misdemeanor. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. 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. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. 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. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. 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. Speak to one of our lawyers now to identify the right solutions. This is an informal hearing commonly known as arraignment. Reckless driving is a Class 1 misdemeanor in Virginia. 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 officer may arrest you for reckless driving if he or she observes you: No. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. The Virginia Appeals Process. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. 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. You can also ask for a jury trial, but you may have to pay the costs for it. 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. Were you or a family member charged with reckless driving in Virginia? You always look for a way to help your clients. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Phone: (757) 656-1000, Virginia Beach Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Home; Practice Areas . If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. 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. Failing to do so is a separate crime, which can result in even more penalties. 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. 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. No. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. However, there are certain guidelines you need to follow. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. Virginia DUI and DWI; . Well outline the basics of each of these penalties below. Second, discuss with your attorney whether you should take a driver education or driver improvement course. He has been great for us, the very best. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Signing the summons is a good strategy to avoid these negative consequences. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Additionally, you may never even need to enter a courtroom.