Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. You only have 10 days to file the paperwork with your local Circuit Court. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. . If we can't help, we'll do our best to connect you with someone who can. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. It happens to the best of us. Instead, you are asked to sign the summons, which is a promise to appear in court. 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. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. A lawyer can question any witnesses and make arguments on your behalf. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. 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. 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. However, most first-time offenders can avoid jail by instead performing community service. Contact us to see what we can do for you. 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. 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 return, the court will offer you a plea deal for this much lower offense. 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. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Additional penalties for failing to appear may also apply. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. Please call today to schedule a free, no-obligation consultation. 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. Yes. This is because most states subscribe to the Interstate Drivers License Compact. 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. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. In Virginia, reckless driving is a class 1 criminal misdemeanor. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. When you plead guilty, you are agreeing to a criminal recordfor life. Confidential or time-sensitive information should not be sent through this form. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? 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. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. When you plead guilty, you are agreeing to a criminal recordfor life. 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. 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., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . We respond to all communications within one business day. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law The final plea that would normally be entered is guilty. By providing the officer on scene with additional details, you increase the chance of self-incrimination. Reckless driving is a class B misdemeanor in Utah. However, the most common reason for a reckless driving charge is speed. I will carefully review the facts of your case in determining how best to reach your goal. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. We provide transparent flat fees and flexible payment plans in most cases. A Quick Guide to Virginias Hit and Run Laws. You were driving on the day of the offense. Pleading to less serious charges. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Because if they cant prove an element, or if there is a question of whether or not they can maybe one is a little sketchy on their end- then we would definitely want to plead not guilty. In most cases, you can resolve them by simply paying the associated fine online. Cody Adam Preugschat, 34, pleaded guilty Thursday in Douglas County Superior Court to reckless driving and making a false or misleading statement to a police officer. 2023 Simms Showers, LLP. Home; Practice Areas . If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. This is an informal hearing commonly known as arraignment. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Contactme today to discuss your cases facts to determine the best option for you! 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. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. 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. Hampton, VA 23663 Email:info@weilandfirm.com If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. However, the law was repealed a year later, and this is no longer a potential consequence. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Make sure to attend both your first appearance (if applicable) and your trial date. 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. Showing the court evidence of this may also help your case. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Maximum penalty: The way you would be guilty of a felony traffic offense in Virginia is if you are convicted of multiple DUI's in a short period of time. If the date is further out, then it is likely your actual trial date. Motorists who cause severe injuries to another person while . However, there are certain guidelines you need to follow. So, what to do? 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. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. The Commonwealth of Virginia defines reckless driving in many different ways. Its a no-brainer. In general, you should expect to pay around $350-$500. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. Hes sorry, he tells you, but he has no choice but to find you guilty. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. 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. This law firm website and legal marketing are managed by MileMark Media. 888-DUI-LWYR | 703-361-6100. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. 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. An attorney experienced with VA reckless driving defense can help you prevent that outcome. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. Youre left stunned. 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. Initiating the process is quite simple. Many Virginia jurisdictions no longer permit wet reckless driving pleas. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. Phone: (757) 317-1000, Newport News Make sure to always attend any court dates relating to your reckless driving charge. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. 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. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. This video explains a little about the different plea options and how we decide together what you should plead. Testimonials & Reviews: Our Clients Words. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. 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 go on to testify that the light had just turned green and you thought that the vehicle in front of you was beginning to accelerate and so you didnt brake. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. Anyone may represent himself or herself in any criminal case, but it is not generally advised. This can be used against you in civil court. Jacob has been our lawyer for 3 years now and he is excellent. I am a Virginia traffic attorney. 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. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. 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. Were a Richmond, Virginia law firm with clients from around the world. 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. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. One is to get your speedometer calibrated at a Virginia auto shop. Your case gets called and the judge asks you how you plead. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. This field is for validation purposes and should be left unchanged. Free for Personal Injury & Criminal Defense Only. The judge explains that he listened to you and all other witnesses intently. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. You could also ask your attorney if youve already hired one. Its judgment time. 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. Am I pleading guilty if I sign a reckless driving ticket? 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. 6 Reasons a Lawyer Should Fight Your Ticket. An officer may arrest you for reckless driving if he or she observes you: No. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Pleading No Contest in Virginia Is the Same as Pleading Guilty. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Top Questions to Ask a Virginia Reckless Driving Attorney. License suspension is mandatory for a . In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. Remember, failing to show up to your court date can lead to additional charges. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. 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. If you have any questions during the stop itself, ask the officer who issued you the ticket. 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. Your home states laws will determine whether any offense will apply to your driving record there. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Virginia Beach, VA 23452* Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Copyright The Reckless Driving Lawyers 2023. Phone: (757) 387-1000, Hampton One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. All rights reserved. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. However, you can appeal the outcome of your case and receive a new trial with a different judge. 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. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Though subsequent sections of the Code of Virginia outline actions that specifically constitute reckless driving, the determination as to whether to cite you for driving recklessly ultimately lies with the police officer who stops you. And in many Northern Virginia jurisdictions (like Fairfax County), the . Fines: Class 1 misdemeanors carry a fine of up to $2,500. What Happens to My Health Insurance Benefits During Divorce in Virginia? 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. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. 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. Our office handles reckless driving cases across Northern Virginia state courts (Alexandria, Fairfax, Arlington, Prince William) and the Eastern District of Virginia federal district court. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. You explain to the court that you were not distracted when you hit the other vehicle. What is a standard custody agreement in Virginia? 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. How Do I Fight A Reckless Driving Charge in Virginia? 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. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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. Fill out the form below and well be in touch within 1 business day! 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. 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. However, you should still speak with an attorney to double check this information. 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. The hearing is where you will bring to light all the information presented in the police report. 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. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. 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. If you get stopped and you get charged with a crime, call a lawyer! Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. However, the costs can change based on the details of your case. 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. 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. 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. How Long Does a Reckless Driving Stay on Record in Virginia? (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. The other choice of plea would be no contest. I work with all clients to understand their desired result. 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. Also, under most circumstances, speeding carries a maximum penalty of $250. 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. You cannot simply mail in the ticket. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer.

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