Contact us to see what we can do for you. Signing the summons is a good strategy to avoid these negative consequences. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. That is why it is so important that you work with a knowledgeable reckless driving attorney. 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. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. 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. 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 . For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. In general, you should expect to pay around $350-$500. 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. Pleading No Contest in Virginia Is the Same as Pleading Guilty 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. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. "Mr. Wilson is unbelievably knowledgeable and professional. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News 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. Its a no-brainer. There are 5 general ways to receive DUI charges in Virginia, all of which will result in the loss of your license, fines, and possibly even jail time. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. 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. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. . Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC 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. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. The judge explains that he listened to you and all other witnesses intently. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. This can be used against you in civil court. 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. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. However, you should still speak with an attorney to double check this information. This law firm website and legal marketing are managed by MileMark Media. To explore your options, contact the firm at 908-643-6801 or via email to . Out of state drivers face the same reckless driving penalties as Virginia drivers. 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. Top Questions to Ask a Virginia Reckless Driving Attorney. Also, under most circumstances, speeding carries a maximum penalty of $250. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. These penalties are commonly referred to as collateral consequences. 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. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. 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. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. However, the law was repealed a year later, and this is no longer a potential consequence. As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding. I had this video transcribed for visitors who prefer to read the content. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Reckless driving is a Class 1 misdemeanor in Virginia. 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. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. He hears from the driver of the other vehicle. No. These relationships serve as a benefit in navigating the best path forward for clients. 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. Reckless Driving Laws by State - FindLaw One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. However, you can appeal the outcome of your case and receive a new trial with a different judge. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Possibly. However, a wet reckless charge does not. The Notice of Appeal form will list a date . Yes. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. 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. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Virginia DUI and DWI; . 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. Newport News, VA 23693 How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. 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. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm 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. Copyright The Reckless Driving Lawyers 2023. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Hampton, VA 23663 If a death occurs as a result of racing, you will be charged with a class 6 felony. . 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. What is Constructive Desertion in Virginia. 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. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. You should know that dry reckless is different from wet reckless. Instead, the maximum penalty for speeding is usually only a $250 fine. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Reckless driving; general rule. 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. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. 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. 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. 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 because most states subscribe to the Interstate Drivers License Compact. Reckless driving means driving a car while willingly disregarding the safety of property and people. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. How Do I Fight A Reckless Driving Charge in Virginia? Additionally, you may never even need to enter a courtroom. Phone:(804) 355-8037 Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. 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. What are the Advantages of Taking a Plea Deal in Virginia? (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 . 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. Reckless Driving FAQs | Frequently Asked Questions There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. I will carefully review the facts of your case in determining how best to reach your goal. 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. Contactme today to discuss your cases facts to determine the best option for you! Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. Reckless driving is a class B misdemeanor in Utah. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. The Commonwealth of Virginia defines reckless driving in many different ways. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my 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.. In addition, you may not prepay reckless driving citations in Virginia. "Excellent teamwork, professional staff, and caring environment." Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. 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. EVER. Email:info@weilandfirm.com He has been great for us, the very best. 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. The abusive driver laws in Virginia were recently repealed. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. 29 S Mallory St, Suite 206 This can help show the judge that youre taking steps to fix the problem. Virginia Traffic Tickets | I Drive Safely 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. However, the most common reason for a reckless driving charge is speed. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer.