pleading guilty to reckless driving in virginia

You were driving unsafely, or at an unsafe speed. You also cannot appeal if you plead guilty to the reckless driving charge or a reduced charge, because pleading guilty automatically waives your right to appeal. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Our special report about driving on suspended explains six critical issues to possibly fight in your case. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. As with license suspension, the final decision falls to the judge presiding over your case. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Many Virginia jurisdictions no longer permit wet reckless driving pleas. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. 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. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. In return, the court will offer you a plea deal for this much lower offense. Your home states laws will determine whether any offense will apply to your driving record there. 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. However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. Motorists who cause severe injuries to another person while . To drive recklessly in Virginia is to have a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property. Powers v. Commonwealth, 211 Va. 386, 388 (1970). You are not pleading guilty to reckless driving by signing the summons. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. By providing the officer on scene with additional details, you increase the chance of self-incrimination. How Long Does a Reckless Driving Stay on Record in Virginia? Instead, you are asked to sign the summons, which is a promise to appear in court. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. You explain to the court that you were not distracted when you hit the other vehicle. These shops should be able to provide you with a calibration sheet that can be used in Court. This was a minor accident. And finally its your turn to testify. However, people charged with reckless driving where alcohol or drugs are involved may plead to a wet reckless driving charge to reduce a DUI convictions devastating impact. Free for Personal Injury & Criminal Defense Only. 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. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. "Excellent teamwork, professional staff, and caring environment." 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. One is to get your speedometer calibrated at a Virginia auto shop. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. This field is for validation purposes and should be left unchanged. The 10 day timeline includes weekends and holidays. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the 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. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Avoiding jail time. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. Neck injury? Reckless Driving? You are beside yourself! Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. 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. FAIRFAX, Va. -- Washington Nationals outfielder Jayson Werth has pleaded guilty to reckless driving and has been sentenced to five days in jail for driving 105 mph on the Capital Beltway. That is why it is so important that you work with a knowledgeable reckless driving attorney. 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. 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. 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 . Anyone may represent himself or herself in any criminal case, but it is not generally advised. 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%. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. It typically has the same effect as a guilty plea. Then the court hears from the officer. By signing the summons, you are promising to attend your court hearing in your criminal case. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? If you qualify for a court-appointed attorney, the judge will also let you know on this day. . While the judge may appreciate your candor, it is still an admission of guilt. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. . Instead, you are asked to sign the summons, which is a promise to appear 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. Andrew Lindsey; . Newport News, VA 23693 A person can be charged with reckless driving if he is driving 20 miles per hour over . Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. Failing to do so is a separate crime, which can result in even more penalties. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Phone:(804) 355-8037 The statute sets up speeds at which the police officer or trooper can give you a Reckless Driving charge, regardless of how you are driving. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. . Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. What Happens if You Get a Speeding Ticket in Virginia? Honestly with a lot of cases, with traffic cases like reckless driving and speeding and things like that, a lot of times the officer will have all their evidence in order and the case is more of a question of negotiation, trying to get a better result from the prosecutor or the judge. However, the most common reason for a reckless driving charge is speed. In general, you should expect to pay around $350-$500. Andrew wrote the book on reckless driving. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. 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. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. How Do I Fight A Reckless Driving Charge in Virginia? If you get stopped and you get charged with a crime, call a lawyer! While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. What are the chances of reducing the ticket? You could be sentenced to jail if you are convicted of reckless driving. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). 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. It is only a promise that you will be in court. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. It is important to beat your reckless driving Virginia charge as it appears in all background checks and proves to be a hurdle to your future progress. If charged with a DUI or DWI in Virginia, it may be possible to reach an agreement by pleading a lesser charge of a wet reckless driving. 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. 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. Pleading to less serious charges. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Virginia courts penalize reckless driving as aClass 1 misdemeanor. You could also ask your attorney if youve already hired one. 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. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. 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. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. 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. Now its the courts turn. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. Speeding tickets are traffic infractions, not misdemeanors. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Pleading No Contest in Virginia Is the Same as Pleading Guilty. All rights reserved. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? This is because most states subscribe to the Interstate Drivers License Compact. Initiating the process is quite simple. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. For this reason, you should always speak carefully with officers during traffic stops. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. 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. To explore your options, contact the firm at 908-643-6801 or via email to . In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Also, under most circumstances, speeding carries a maximum penalty of $250. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. If a death occurs as a result of racing, you will be charged with a class 6 felony. A DUI charge stays on your criminal and DMV record. However, a reckless driving ticket isnt the end of the world. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. This could have a negative impact on future prospects, including employment. Reckless Driving in Virginia. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. What Happens to My Health Insurance Benefits During Divorce in Virginia? 11815 Fountain Way, Suite 300 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. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. There are reasons why no self-respecting lawyer would do this to his or her client. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 29 S Mallory St, Suite 206 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. 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. 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. 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. But generally, reckless driving is a misdemeanor. One very common example of charge bargaining in Virginia relates to reckless driving. 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. 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. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. This means that it carries the same criminal penalties as reckless driving. Reckless driving is a class 1 misdemeanor. Jacob has been our lawyer for 3 years now and he is excellent. 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. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. The 10 day timeline includes weekends and holidays. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Do you know how hard it is to find a lawyer that you can trust? This is one very good reason to speak with an attorney early in your case, as they know how to maneuver your case towards this outcome. Mar 2, 2023 Education. Virginia is notoriously harsh in its treatment of driving crimes. We provide free consultations for cases in our area. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. 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. Therefore, even if you do not get jail or a large fine, you will still end up with a criminal record, which can affect many areas of your life including immigration status, security clearance, and background checks for employment. The higher your speed, the more likely jail time becomes. 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. Mr. Wilson is a true professional. We respond to all communications within one business day. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. The problem is that question depends upon all the facts and circumstances of your case. We recommend them without reservation to anyone looking for business law services. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Please call today to schedule a free, no-obligation consultation. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Waterville councilmember pleads guilty to reckless driving and lying to police. 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. The trial itself will be conducted in the same general fashion as your first trial. 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. However, the law was repealed a year later, and this is no longer a potential consequence. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. However, you can appeal the outcome of your case and receive a new trial with a different judge. I will carefully review the facts of your case in determining how best to reach your goal. An attorney experienced with VA reckless driving defense can help you prevent that outcome. The DMV will also apply between three and six demerit points to your license. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. You should know that dry reckless is different from wet reckless. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Call our Fairfax law office or start an online chat to schedule a free consultation today. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Reckless Driving is a pretty serious charge. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. Can I Appeal My Virginia Reckless Driving Charge? Top Questions to Ask a Virginia Reckless Driving Attorney. 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. the same criminal penalties as reckless driving. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. In Virginia, this is more typically called a no contest plea. Reckless driving remains on your Virginia driving record for 11 years. So, what to do? No. 720 Mall Parkway Fighting your ticket can be challenging, but if you win your case, you will not be required to pay any fines or court fees, and the ticket will not be added to your record. This field is for validation purposes and should be left unchanged. 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. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Hello, Im Andrew Flusche. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. The judge then listens to the evidence. Jail time, much like the fines, will vary depending on your speed, your record, and the locality.

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