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. 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 have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Reckless driving is a Class 1 misdemeanor in Virginia. Reckless driving remains on your Virginia driving record for 11 years. It will tell you the date, time, and location of your hearing. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. That is why it is so important that you work with a knowledgeable reckless driving attorney. You can also ask for a jury trial, but you may have to pay the costs for it. Rock and read Annual event encourages reading +4; Mar 2, 2023 While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. Second, you should look into taking driver improvement courses prior to your trial. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. If your speedometer was off in your favor this could be used to mount your defense. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. We understand that returning to the state may be difficult and require significant time and expense. When you plead guilty, you are agreeing to a criminal recordfor life. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Email:info@weilandfirm.com 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. life, limb, or property?. These relationships serve as a benefit in navigating the best path forward for clients. Speeding is a traffic infraction, and it doesn't carry jail time. 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. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Well outline the basics of each of these penalties below. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. All Rights Reserved. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law This is unbelievable, you think to yourself. 888-DUI-LWYR | 703-361-6100. Is Now the Time to Request Your Virginia Driving Record? You were driving on the day of the offense. If you get stopped and you get charged with a crime, call a lawyer! Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. As the saying goes, anything you say can and will be used against you in a court of law. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News 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. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. 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. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. 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. Our special report about driving on suspended explains six critical issues to possibly fight in your case. 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 do not have a VA defense lawyer, then you must appear in court in order to defend yourself. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . Likewise, showing up and admitting guilt but explaining your circumstances (you were passing another merging vehicle, you were running late for an important event, you were driving safely) will also likely end up in a guilty conviction. These shops should be able to provide you with a calibration sheet that can be used in Court. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. 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. 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. Even with all this helpful information, sometimes you just need to talk. EVER. Pleading to less serious charges. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. In Virginia, you have the automatic right to appeal any finding by the general district court. However, the law was repealed a year later, and this is no longer a potential consequence. There are reasons why no self-respecting lawyer would do this to his or her client. 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. Instead, you are asked to sign the summons, which is a promise to appear in court. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. 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. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. In some states, certain acts are automatically considered reckless, such as: If you have any questions, please contact our firm at (804) 355-8037. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. But of course we cant know for sure until we talk with the officer and any other witnesses. It typically has the same effect as a guilty plea. 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. We recommend them without reservation to anyone looking for business law services. The next thing he remembers, he informs the court, is that his vehicle was rammed from behind and he had to be transported to the hospital because his neck was in pain. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. 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. Free for Personal Injury & Criminal Defense Only. This means that it carries the same criminal penalties as reckless driving. . These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. A lawyer can question any witnesses and make arguments on your behalf. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). If you have any questions during the stop itself, ask the officer who issued you the ticket. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. You must answer the ticket in the same way as in-state offenders. 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. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. 6 Reasons a Lawyer Should Fight Your Ticket. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied. Yes. the same criminal penalties as reckless driving. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. One is to get your speedometer calibrated at a Virginia auto shop. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. Fill out the form below and well be in touch within 1 business day! Testimonials & Reviews: Our Clients Words. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Phone: (757) 317-1000, Newport News How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Your home states laws will determine whether any offense will apply to your driving record there. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. Out of state drivers face the same reckless driving penalties as Virginia drivers. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. However, there are certain guidelines you need to follow. three and six demerit points to your license. In Virginia, drivers can plead . While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. 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. If you qualify for a court-appointed attorney, the judge will also let you know on this day. 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. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . Virginia courts penalize reckless driving as aClass 1 misdemeanor. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Speeding tickets are traffic infractions, not misdemeanors. A DUI charge stays on your criminal and DMV record. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Phone: (757) 260-5996. . Avoiding jail time. Hampton, VA 23663 Fines: Class 1 misdemeanors carry a fine of up to $2,500. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. How Long Does a Reckless Driving Stay on Record in Virginia? If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. Virginia is notoriously harsh in its treatment of driving crimes. Depending on your state, either the judge or a jury will make a final decision. The Commonwealth of Virginia defines reckless driving in many different ways. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Neck injury? Reckless Driving? You are beside yourself! 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. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. "Excellent teamwork, professional staff, and caring environment." It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. The 10 day timeline includes weekends and holidays. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. In Virginia, this is more typically called a no contest plea. 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%. By providing the officer on scene with additional details, you increase the chance of self-incrimination. If the date is further out, then it is likely your actual trial date. However, the costs can change based on the details of your case. Yes. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Remember, failing to show up to your court date can lead to additional charges. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. Newport News, VA 23606* 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. License suspension is mandatory for a . Its the most-reviewed Virginia reckless driving resource on Amazon.com. What Happens to My Health Insurance Benefits During Divorce in Virginia? Reckless driving means driving a car while willingly disregarding the safety of property and people. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Pleading a wet and reckless driving charge may only be available for first-time offenders. Initiating the process is quite simple. In Virginia, reckless driving is defined as any of the following: Driving over 20 mph over the speed limit, or faster than 80 mph total. This means that no matter how light the traffic and no matter how under control your vehicle, it is still reckless driving to drive 85 mph, even in a 70 mph zone, or 20 mph or more over the speed limit. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. 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. . There are several ways to avoid reckless driving charges in Virginia. The judge explains that he listened to you and all other witnesses intently. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing.
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