Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. If I Date Someone Else While Separated, Is it Adultery in Virginia? 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. In many cases, I can handle your case through discussions over the phone and email. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. The judge explains that he listened to you and all other witnesses intently. Reckless driving is a crime. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. I am a Virginia traffic attorney. . You could be sentenced to jail if you are convicted of reckless driving. 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." . 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. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. 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. Andrew wrote the book on DWI. Virginia laws do not statutorily define wet and reckless driving. 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. 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. 468 Investors Pl, Suite 202A Jacob is the Managing Partner of Tingen Law. You may be able to enter into a plea agreement to plead guilty to a much less serious offense that does not include the harsh penalties of a reckless driving conviction or that may not result in a criminal record. Testimonials & Reviews: Our Clients Words. We provide transparent flat fees and flexible payment plans in most cases. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. This was a minor accident. And finally its your turn to testify. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. All rights reserved. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Contact us to see what we can do for you. However, most first-time offenders can avoid jail by instead performing community service. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? The other choice of plea would be no contest. However, a wet reckless charge does not. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. It is only a promise that you will be in 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%. Confidential or time-sensitive information should not be sent through this form. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. However, you should note that youll never receive a ticket for 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. three and six demerit points to your license. Now its the courts turn. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. 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. Hello, Im Andrew Flusche. 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. 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. 888-DUI-LWYR | 703-361-6100. 29 S Mallory St, Suite 206 Here is what you are agreeing to when you sign the summons: If you refuse to sign the reckless driving summons, the police officer may assume that you will not appear in court and has the discretion to arrest you and take you to the police station to be booked. Make sure to always attend any court dates relating to your reckless driving charge. Phone:(804) 355-8037 However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. 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. Then the court hears from the officer. 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. You will be given a court date, and it is extremely important that you appear when you are supposed to. life, limb, or property?. Indeed, pleading not guilty or no contest before such a judge could prove to be a very costly mistake, especially to a person concerned about the affect the reckless driving conviction could have on their driving record, auto insurance rates, employment, or driving privileges. This can help show the judge that youre taking steps to fix the problem. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. If you qualify for a court-appointed attorney, the judge will also let you know on this day. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. You are not pleading guilty to reckless driving by signing the summons. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Fill out the form below and well be in touch within 1 business day! Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Hampton, VA 23663 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. While an officer can arrest you for the offense, they usually do not. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. This could have a negative impact on future prospects, including employment. First, depending on your district, you should commit to performing community service before your trial date. 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. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. However, you can appeal the outcome of your case and receive a new trial with a different judge. Yes. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Guilty is a little bit different than no contest. 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. It will tell you the date, time, and location of your hearing. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. Even with all this helpful information, sometimes you just need to talk. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. And in most states, this is not admissible in civil proceedings. 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. You must answer the ticket in the same way as in-state offenders. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Reckless Driving in Virginia. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Initiating the process is quite simple. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. 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. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. 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. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Holcomb Law, P.C. Failing to do so is a separate crime, which can result in even more penalties. 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. So, what to do? And in many Northern Virginia jurisdictions (like Fairfax County), the . Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. 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. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. 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 If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. This 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 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. While the judge may appreciate your candor, it is still an admission of guilt. How Much Does a Virginia Reckless Driving Lawyer Cost? These penalties are commonly referred to as collateral consequences. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. 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. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Instead, you are asked to sign the summons, which is a promise to appear in court. Virginia Reckless Driving: Out of State Drivers. 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. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Phone: (757) 656-1000, Virginia Beach 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. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Your Virginia reckless driving defense attorney can help you accomplish this. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Second, discuss with your attorney whether you should take a driver education or driver improvement course. 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. Were a Richmond, Virginia law firm with clients from around the world. What Happens if You Get a Speeding Ticket in Virginia? 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. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Remember, failing to show up to your court date can lead to additional charges. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. 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 drivers civil attorney may try to use that plea against you as an admission of guilt. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. In Virginia, reckless driving is a class 1 criminal misdemeanor. I will carefully review the facts of your case in determining how best to reach your goal. 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. Pleading to less serious charges. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. I am happy to work with you based on your convenience. 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. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. "Excellent teamwork, professional staff, and caring environment." As the saying goes, anything you say can and will be used against you in a court of law. 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. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. 3437 W. Cary St. Richmond, VA 23221 Its the most-reviewed Virginia reckless driving resource on Amazon.com. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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 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. 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. Being proactive in your defense can go a long way, especially in cases of reckless by speed. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. I had this video transcribed for visitors who prefer to read the content. serves clients in Hampton Roads VA both in the Peninsula and the Southside including Seaford, Poquoson, Lightfoot, Hampton, Newport News, Yorktown, Fort Eustis, Lackey, Gloucester Point, Achilles, Maryus, Williamsburg, Bayside, Portsmouth, Norfolk, Chesapeake, Suffolk, Virginia Beach, Smithfield and beyond. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Can I Appeal My Virginia Reckless Driving Charge? Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. What is Constructive Desertion in Virginia. Reckless driving means driving a car while willingly disregarding the safety of property and people. Reckless driving is a class 1 misdemeanor. 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. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. 11815 Fountain Way, Suite 300 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. 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 found guilty or plead guilty, you will have a criminal conviction on your 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. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you to remain free until your case is decided. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. 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. 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. . Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. We recommend them without reservation to anyone looking for business law services. You were driving on the day of the offense. That means that it will be a complete do-over and the judge will hear the case as if it were not brought before any previous court. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. 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. That could involve pleading to a "wet reckless.". By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. . The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Your appeal will be heard de novo in circuit court. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. We understand that returning to the state may be difficult and require significant time and expense. If your speedometer was off in your favor this could be used to mount your defense. As with license suspension, the final decision falls to the judge presiding over your case. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving.