Avoiding jail time. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Jacob is the Managing Partner of Tingen Law. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. 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. Your home states laws will determine whether any offense will apply to your driving record there. And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel. Its the most-reviewed Virginia reckless driving resource on Amazon.com. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. Depending on your state, either the judge or a jury will make a final decision. Yes. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. 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. Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. Jacob has been our lawyer for 3 years now and he is excellent. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. What Is a Wet Reckless in Virginia? 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. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. When you make a mistake and you cut your arm, please call a doctor. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. 720 Mall Parkway Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Reckless driving is a crime. However, a reckless driving ticket isnt the end of the world. . 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. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. However, there are certain guidelines you need to follow. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. However, the easiest is to simply avoid driving over 80 miles per hour. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. If you get stopped and you get charged with a crime, call a lawyer! 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 Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. 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. I am a Virginia traffic attorney. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. 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 Reckless driving is a Class 1 misdemeanor in Virginia. 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. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. 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. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. 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. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Is Now the Time to Request Your Virginia Driving Record? Home; About. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Pleading to less serious charges. No. All Rights Reserved. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. In many cases, I can handle your case through discussions over the phone and email. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. Reckless Driving is not a traffic infraction, it is a misdemeanor. EVER. . Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC 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 some states, certain acts are automatically considered reckless, such as: Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is 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. 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. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Phone: (757) 656-1000, Virginia Beach Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. 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. A DUI charge stays on your criminal and DMV record. 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. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. You only have 10 days to file the paperwork with your local Circuit Court. 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. 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. In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. Youre left stunned. Were a Richmond, Virginia law firm with clients from around the world. In general, you should expect to pay around $350-$500. All rights reserved. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 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. Contact us to see what we can do for you. But generally, reckless driving is a misdemeanor. (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . 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. What Happens if You Get a Speeding Ticket in Virginia? These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. One very common example of charge bargaining in Virginia relates to reckless driving. There are reasons why no self-respecting lawyer would do this to his or her client. You are not pleading guilty by signing the summons. The abusive driver laws in Virginia were recently repealed. 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. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. Then the court hears from the officer. Neck injury? Reckless Driving? You are beside yourself! This means that it carries the same criminal penalties as reckless driving. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Many Virginia jurisdictions no longer permit wet reckless driving pleas. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. 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. . Email:info@weilandfirm.com Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. What Is The Virginia Difference Between Misdemeanor & Felony DUI? you can avoid going to court altogether by entering a guilty plea and waiving your traffic . This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. three and six demerit points to your license. When you plead guilty, you are agreeing to a criminal recordfor life. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. These penalties are commonly referred to as collateral consequences. 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. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. 2023 Simms Showers, LLP. Your case gets called and the judge asks you how you plead. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. 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. Avoiding DUI Penalties With a "Wet Reckless" Charge the same criminal penalties as reckless driving. 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. As with license suspension, the final decision falls to the judge presiding over your case. 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. While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. This video explains a little about the different plea options and how we decide together what you should plead. The Notice of Appeal form will list a date . 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, 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. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. 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. 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. 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., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . I will carefully review the facts of your case in determining how best to reach your goal. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Copyright The Reckless Driving Lawyers 2023. 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. 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. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 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. 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. An officer may arrest you for reckless driving if he or she observes you: No. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Reckless driving; general rule. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Reckless Driving in Virginia: What You Need To Know However, most first-time offenders can avoid jail by instead performing community service. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. How is this possible? 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. Even if you have already been found guilty of reckless driving, you may be able to appeal. You could also ask your attorney if youve already hired one. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . Reckless Driving is not a traffic infraction, it is a misdemeanor. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. The problem is that question depends upon all the facts and circumstances of your case. I plead not guilty, your honor, you stammer. 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. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. 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. 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 qualify for a court-appointed attorney, the judge will also let you know on this day. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. . Top Questions to Ask a Virginia Reckless Driving Attorney. It will tell you the date, time, and location of your hearing. Holcomb Law, P.C. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. It happens to the best of us. Reckless driving is a class 1 misdemeanor. Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney Even with all this helpful information, sometimes you just need to talk. By the time you realized they had not gone forward upon the light turning green it was too late and you made minor impact with the other vehicle. 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. While an officer can arrest you for the offense, they usually do not. This is especially true for repeat offenders. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. . It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving.
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