Accidentally admitting to a crime during the stop will only negatively impact your case down the line. Instead, you are asked to sign the summons, which is a promise to appear in court. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. I wouldnt be in school right now if it wasnt for Jacob and his team. The Commonwealth of Virginia defines reckless driving in many different ways. What Do You Need to Know about Wet Reckless in Virginia? If you plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. However, the easiest is to simply avoid driving over 80 miles per hour. Can I plead not guilty to a careless driving charge? 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. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. You can also ask for a jury trial, but you may have to pay the costs for it. Andrew wrote the book on reckless driving. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. If youre charged with reckless driving, consult a lawyer immediately. The judge then listens to the evidence. Reckless Driving FAQs | Frequently Asked Questions By providing the officer on scene with additional details, you increase the chance of self-incrimination. 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. 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. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. However, you can appeal the outcome of your case and receive a new trial with a different judge. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. First, depending on your district, you should commit to performing community service before your trial date. Many Virginia jurisdictions no longer permit wet reckless driving pleas. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. A Quick Guide to Virginias Hit and Run Laws. However, you should still speak with an attorney to double check this information. As you can no doubt see, it this is not a decision to be made lightly. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. 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. 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. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. He hears from the driver of the other vehicle. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Virginia Reckless Driving: Out of State Drivers. Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Saying NO to Breath Test COULD Incriminate You, YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LmtzWkluSGtoSjlr, Fighting No Insurance Tickets in Virginia, Talk to a Virginia Traffic Attorney BEFORE Going to Court. 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%. Schedule your consultation today and lets talk about what we can do for you! You cannot mail in the ticket before court in Virginia because the judge has discretion in deciding your penalty depending on the facts and circumstances of your crime. 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. 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 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. 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. Home; Practice Areas . Depending on your state, either the judge or a jury will make a final decision. You understand that if you fail to attend your court hearing, you could be arrested. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. This is unbelievable, you think to yourself. 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, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. . Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. 41-6a-528 Reckless driving -- Penalty. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. You will be given a court date, and it is extremely important that you appear when you are supposed to. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. What is a standard custody agreement in Virginia? Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Remember, failing to show up to your court date can lead to additional charges. 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. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. How Do I Fight A Reckless Driving Charge in Virginia? 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. Reckless driving, unsafe passing . By signing the summons, you are promising to attend your court hearing in your criminal case. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law You make your appearance in court on the designated court date. While the judge may appreciate your candor, it is still an admission of guilt. When you plead guilty, you are agreeing to a criminal recordfor life. I plead not guilty, your honor, you stammer. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work 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. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Plea Bargains in Virginia Reckless Driving Cases | Charles V Contactme today to discuss your cases facts to determine the best option for you! Reckless driving is a crime. Virginia Criminal Offense FAQs | The Wilson Law Firm For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Testimonials & Reviews: Our Clients Words. This could have a negative impact on future prospects, including employment. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. A person can be charged with reckless driving if he is driving 20 miles per hour over . "Mr. Wilson is unbelievably knowledgeable and professional. This field is for validation purposes and should be left unchanged. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. 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. In Virginia, this is more typically called a no contest plea. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Andrew Lindsey; . pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. The outcome of any trial is not certain. What Happens to My Health Insurance Benefits During Divorce in Virginia? This is an informal hearing commonly known as arraignment. All Rights Reserved. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Complete the form below to receive a free consultation. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Reckless driving means driving a car while willingly disregarding the safety of property and people. 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. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Am I pleading guilty if I sign a reckless driving ticket? Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. 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. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. How Long Does a Reckless Driving Stay on Record in Virginia? Youre left stunned. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. The Virginia Code defines a number of actions as reckless driving. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? The other driver indicates to the court that while he is waiting patiently at the red light on a nice slow and easy day, he saw you careening toward his vehicle from his rearview mirror and it appeared that you were distracted by your radio. 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.. That is why it is so important that you work with a knowledgeable reckless driving attorney. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Our special report about driving on suspended explains six critical issues to possibly fight in your case. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. When you make a mistake and you cut your arm, please call a doctor. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. 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. Additional penalties for failing to appear may also apply. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. We go above and beyond in order to provide our clients with the best possible representation. 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. 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." . Its the most-reviewed Virginia reckless driving resource on Amazon.com. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. 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. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Phone:(804) 355-8037 Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. Guilty is a little bit different than no contest. You explain to the court that you were not distracted when you hit the other vehicle. Reckless Driving in Virginia: What You Need To Know Your SEO optimized title Menu Home Criminal Defense Assault and Battery Concealment/Shoplifting Trespassing Expungements Underage Possession You can appeal a guilty verdict in a reckless driving case under a couple of conditions. This means that it carries the same criminal penalties as reckless driving. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. We understand that returning to the state may be difficult and require significant time and expense. 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. These shops should be able to provide you with a calibration sheet that can be used in Court. Avoiding jail time. We respond to all communications within one business day. 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. Holcomb Law, P.C. If convicted, youll usually receive a relatively large fine. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. Reckless Driving in Virginia. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. Even if you have already been found guilty of reckless driving, you may be able to appeal. 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 . As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Home; About. You always look for a way to help your clients. Reckless Driving in Virginia: What You Need To Know After you inform the General District Court clerk that you want to appeal, he will have you complete and sign a Notice of Appeal form. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. The problem is that question depends upon all the facts and circumstances of your case. Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney Newport News, VA 23693 This is especially true for repeat offenders. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Furthermore, a reckless driving charge can come with a fine of up to $2,500, up to a year in jail, a license suspension for up to six months, and an increase in car insurance fees. Am I pleading guilty if I sign a reckless driving ticket? After you inform the General District Court clerk that you want to appeal, he will have you complete and sign a Notice of Appeal form. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations.
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