In return, the court will offer you a plea deal for this much lower offense. 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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. In Virginia, reckless driving is a class 1 criminal misdemeanor. 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. As the saying goes, anything you say can and will be used against you in a court of law. Fax: (804) 355-8875 This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. 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. Your Virginia reckless driving defense attorney can help you accomplish this. 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. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. 29 S Mallory St, Suite 206 Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Pleading to less serious charges. 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. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Reckless driving is a class 1 misdemeanor. Home; Practice Areas . Reckless Driving in Virginia when someone drives his/her 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." . However, a reckless driving ticket isnt the end of the world. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. I work with all clients to understand their desired result. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Initiating the process is quite simple. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. This video explains a little about the different plea options and how we decide together what you should plead. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. 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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. You explain to the court that you were not distracted when you hit the other vehicle. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Fill out the form below and well be in touch within 1 business day! Even with all this helpful information, sometimes you just need to talk. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Even if you have already been found guilty of reckless driving, you may be able to appeal. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. We go above and beyond in order to provide our clients with the best possible representation. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. 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. 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. That is why it is so important that you work with a knowledgeable reckless driving attorney. 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law What is a standard custody agreement in Virginia? Now its the courts turn. 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. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. That could involve pleading to a "wet reckless.". This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Is Now the Time to Request Your Virginia Driving Record? You are not pleading guilty by signing the summons. However, a wet reckless charge does not. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. However, the law was repealed a year later, and this is no longer a potential consequence. Reckless driving is a Class 1 misdemeanor in Virginia. The 10 day timeline includes weekends and holidays. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. However, you should still speak with an attorney to double check this information. . Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Finally, your attorney can look into a possible amendment to Improper Driving. 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. Yes. While the judge may appreciate your candor, it is still an admission of guilt. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. In some states, certain acts are automatically considered reckless, such as: If you have any questions, please contact our firm at (804) 355-8037. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. your lawyer may argue for one of two options. Virginia Reckless Driving: Out of State Drivers. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. You are not pleading guilty to reckless driving by signing the summons. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Also, under most circumstances, speeding carries a maximum penalty of $250. Reckless driving is a crime. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. 11815 Fountain Way, Suite 300 If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. What guilty says is yes, I did what I am accused of. There is a difference between saying that the Commonwealth has the evidence to prove what theyre claiming, versus yes, I did what Im accused of. Thats the way I like to think about no contest versus guilty, and most of the time, I wouldnt plead a client guilty unless as pursuant to a plea agreement with the Commonwealth and theyre reducing the charge or giving us a really good outcome that we might not get from the judge. All Rights Reserved. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. 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. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. 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. If you are found guilty or plead guilty, you will have a criminal conviction on your record. When you plead guilty, you are agreeing to a criminal recordfor life. You can protect your future by talking with an experienced Virginia criminal defense lawyer before pleading guilty or accepting a plea offered by the prosecutor. 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. Reckless Driving in Virginia when someone drives his/her 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. VA Code 46.2-862. The 10 day timeline includes weekends and holidays. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. If you have any questions during the stop itself, ask the officer who issued you the ticket. What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. And in most states, this is not admissible in civil proceedings. You always look for a way to help your clients. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. "Mr. Wilson is unbelievably knowledgeable and professional. 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. As you can no doubt see, it this is not a decision to be made lightly. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Reckless Driving is a pretty serious charge. 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 drivers civil attorney may try to use that plea against you as an admission of guilt. When you make a mistake and you cut your arm, please call a doctor. What are the chances of reducing the ticket? There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. 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 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. The other driver indicates to the court that while he is waiting patiently at the red light on a nice slow and easy day, he saw you careening toward his vehicle from his rearview mirror and it appeared that you were distracted by your radio. Pleading No Contest in Virginia Is the Same as Pleading Guilty. First, look at the charges or law section part of the ticket. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. 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. Call Free Consultation (703) 350-4877. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. . Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Newport News, VA 23693 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. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. But of course we cant know for sure until we talk with the officer and any other witnesses. Additional penalties for failing to appear may also apply. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. 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. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. However, the most common reason for a reckless driving charge is speed. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Were a Richmond, Virginia law firm with clients from around the world. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. 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. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. No. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . We provide free consultations for cases in our area. Jacob has been our lawyer for 3 years now and he is excellent. Even if you live in another state, you might have to show up in the Virginia court listed on your ticket on your assigned day. Guilty is a little bit different than no contest. All rights reserved. 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. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. 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. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Speeding tickets are traffic infractions, not misdemeanors. However, there are certain guidelines you need to follow. It is only a promise that you will be in court. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. You could be sentenced to jail if you are convicted of reckless driving. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. If we can't help, we'll do our best to connect you with someone who can. Reckless driving remains on your Virginia driving record for 11 years. 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. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. 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. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. However, you should note that youll never receive a ticket for improper driving.. Phone: (757) 387-1000, Hampton By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. An attorney experienced with VA reckless driving defense can help you prevent that outcome. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. "Excellent teamwork, professional staff, and caring environment." The DMV will also apply between three and six demerit points to your license. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? A person can be charged with reckless driving if he is driving 20 miles per hour over . Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. Remember, failing to show up to your court date can lead to additional charges. 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. 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. 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. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. 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.. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. For example, if a reckless driving conviction puts you over eight points in one year, or twelve points within two years, you will lose your license. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. 468 Investors Pl, Suite 202A If you plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. 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. You only have 10 days to file the paperwork with your local Circuit Court. So, what to do? Showing the court evidence of this may also help your case. We respond to all communications within one business day. 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. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. 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. 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. 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. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. 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 . Can I Appeal My Virginia Reckless Driving Charge? 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. Maximum penalty: The way you would be guilty of a felony traffic offense in Virginia is if you are convicted of multiple DUI's in a short period of time. How Do I Fight A Reckless Driving Charge in Virginia? Call our Fairfax law office or start an online chat to schedule a free consultation today. Cody Adam Preugschat, 34, pleaded guilty Thursday in Douglas County Superior Court to reckless driving and making a false or misleading statement to a police officer. Youre left stunned. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. The Notice of Appeal form will list a date . If convicted, youll usually receive a relatively large fine. Generally speaking, there are a few things youll want to do before your trial date if you choose this path.
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