Reckless driving remains on your Virginia driving record for 11 years. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). 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. your lawyer may argue for one of two options. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. He can arrest you and take you to the police station for booking as a result. Its the most-reviewed Virginia reckless driving resource on Amazon.com. In situations where there is difficulty proving blood alcohol levels with certainty, many may seek to reduce their DUI charge to a wet reckless driving charge. 6 Reasons a Lawyer Should Fight Your Ticket. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. The higher your speed, the more likely jail time becomes. "Excellent teamwork, professional staff, and caring environment." Am I pleading guilty if I sign a reckless driving ticket? By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. This can be used against you in civil court. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless 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. You always look for a way to help your clients. No. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. . 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. This field is for validation purposes and should be left unchanged. 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.. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Speeding is a traffic infraction, and it doesn't carry jail time. . Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. Yes. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. If we can't help, we'll do our best to connect you with someone who can. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Speak to one of our lawyers now to identify the right solutions. 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. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. 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. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. 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. Top Questions to Ask a Virginia Reckless Driving Attorney. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. Virginia Reckless Driving: Out of State Drivers. However, you can appeal the outcome of your case and receive a new trial with a different judge. 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. Depending on your state, either the judge or a jury will make a final decision. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. In order to make a reckless driving charge stick, the state has to prove the following things beyond reasonable doubt: If the judge has a reason to doubt either of those facts, you can move to get your case dismissed. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. The outcome of any trial is not certain. One is to get your speedometer calibrated at a Virginia auto shop. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. These penalties are commonly referred to as collateral consequences. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. However, a wet reckless charge does not. Jacob has been our lawyer for 3 years now and he is excellent. 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, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. 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. Speaking to an attorney allows you to explore your specific circumstances surrounding your charge including but not limited to possible defenses, weaknesses in your case, reduced punishments, and even a reduced charge given your criminal and driving history. In addition, you may not prepay reckless driving citations in Virginia. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. EVER. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. This is why its super important, if you have any kind of traffic case, whether its reckless driving or speeding or DUI or driving on a suspended license, to talk with a traffic attorney. There are reasons why no self-respecting lawyer would do this to his or her client. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Reckless driving is a Class 1 misdemeanor in Virginia. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Reckless Driving in Virginia. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. The Virginia Code defines a number of actions as reckless driving. Youre left stunned. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. 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. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 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, reckless driving is a class 1 criminal misdemeanor. Pleading to less serious charges. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. The abusive driver laws in Virginia were recently repealed. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Contact the office today for a consultation with our Criminal Defense Attorneys regarding your reckless driving charge to learn how we can help you in courts across Northern Virginia. 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. 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 timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Confidential or time-sensitive information should not be sent through this form. The 10 day timeline includes weekends and holidays. Its jam-packed full of answers for your case. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Remember, failing to show up to your court date can lead to additional charges. The Virginia Appeals Process. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. What Happens if You Get a Speeding Ticket in Virginia? So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. Please call today to schedule a free, no-obligation consultation. Reckless driving, unsafe passing . They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. While an officer can arrest you for the offense, they usually do not. Keep in mind that you can be arrested even if you sign the ticket if the officer has other reasons to believe that you will not attend your court hearing. When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. Virginia Beach, VA 23452* What are the Consequences of a Reckless Driving Conviction? This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. A Quick Guide to Virginias Hit and Run Laws. Make sure to attend both your first appearance (if applicable) and your trial date. Virginia laws do not statutorily define wet and reckless driving. 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 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. Call Free Consultation (703) 350-4877. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Fines: Class 1 misdemeanors carry a fine of up to $2,500. 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. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. The Commonwealth of Virginia defines reckless driving in many different ways. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Reckless driving is a Class 1 misdemeanor in Virginia. An officer may arrest you for reckless driving if he or she observes you: No. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Reckless Driving is not a traffic infraction, it is a misdemeanor. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. "Mr. Wilson is unbelievably knowledgeable and professional. These shops should be able to provide you with a calibration sheet that can be used in Court. Reckless Driving by Vehicle not Under Control, Driving a vehicle with improperly adjusted or faulty brakes, Driving an overloaded vehicle that obstructs view or controls, Driving next to another vehicle on a one lane roadway, Driving too fast for highway and traffic conditions (regardless of the posted speed limit), Speeding over 20 mph in excess of the speed limit, or driving faster than 80 mph regardless of the posted speed limit, Endangering a person or property on driveways or parking lots open to the public, Up to 6 months suspension of driving privileges, Acting under the instruction of a traffic enforcement officer or directing officer, Roadway markings clearly indicate permission to pass, Highways had the appropriate number of lanes to permit the act, Your vehicles speedometer was not calibrated properly, or the radar/Lidar device was not calibrated properly, You passed only a motorcycle, moped, or bicycle, Racing was on private property or with permission from the landowner, A clean driving record and character references, School bus was stopped for a reason other than loading or unloading, You were unaware of your vehicles defects and had them repaired soon thereafter, Failing to follow traffic signals or signs. 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. If you get stopped and you get charged with a crime, call a lawyer! Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. And in many Northern Virginia jurisdictions (like Fairfax County), the . Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. 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. Were you or a family member charged with 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. 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. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. 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. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. 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. 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. 2023 Simms Showers, LLP. We go above and beyond in order to provide our clients with the best possible representation. So, what to do? However, there are certain guidelines you need to follow. It is only a promise that you will be in court. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. 11815 Fountain Way, Suite 300 there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. Instead, you are asked to sign the summons, which is a promise to appear in court. There are two ways to commit reckless driving: you can either. Pleading a wet and reckless driving charge may only be available for first-time offenders. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. Do you know how hard it is to find a lawyer that you can trust? Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. 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. Mr. Wilson is a true professional. But the problem is that I cant know if the Commonwealth has their evidence in your case unless Ive looked at all the evidence and talked with the officer and talked with the prosecutor and then, and only then, will we know what plea we should enter. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. He hears from the driver of the other vehicle. How Long Does a Reckless Driving Stay on Record in Virginia? It means that you are not admitting guilt, but you are also not disputing the facts of the charge and therefore, you accept the court's decision even though you're not admitting guilt. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. What gives me the shivers and a cold sweat is seeing a pro se defendant (no lawyer) walk up to the front of the room and plead guilty to Reckless Driving, a Class 1 Misdemeanor, without a fight. 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. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. 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). Virginia is notoriously harsh in its treatment of driving crimes. We respond to all communications within one business day. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Andrew wrote the book on DWI. 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. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. three and six demerit points to your license. I will carefully review the facts of your case in determining how best to reach your goal. 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. Email:info@weilandfirm.com An attorney familiar with Virginias reckless driving laws can suggest defenses that may work for your circumstances such as obtaining a speedometer calibration, presenting evidence of a medical emergency, or completing community service to demonstrate remorse for your actions. 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. The final plea that would normally be entered is guilty. 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. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. This video explains a little about the different plea options and how we decide together what you should plead. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. However, the costs can change based on the details of your case. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. Reckless driving is defined by the Code of Virginia, and though it deals with traffic infractions, it is a criminal offense rather than a moving violation. What is a standard custody agreement in Virginia? If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. It typically has the same effect as a guilty plea. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. Reckless driving is a crime. Yes. Home; Practice Areas .
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