This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. 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. . 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 was a minor accident. And finally its your turn to testify. Avoiding jail time. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. However, you should note that youll never receive a ticket for improper driving.. Make sure to always attend any court dates relating to your reckless driving charge. And in many Northern Virginia jurisdictions (like Fairfax County), the . How Much Does a Virginia Reckless Driving Lawyer Cost? One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Schedule your consultation today and lets talk about what we can do for you! 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. 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. 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. 46.2-868. Reckless driving; penalties - Virginia What Do You Need to Know about Wet Reckless in Virginia? Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Neck injury? Reckless Driving? You are beside yourself! However, the costs can change based on the details of your case. There are reasons why no self-respecting lawyer would do this to his or her client. 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%. Your home states laws will determine whether any offense will apply to your driving record there. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. The hearing is where you will bring to light all the information presented in the police report. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Reckless driving means driving a car while willingly disregarding the safety of property and people. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. 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. We go above and beyond in order to provide our clients with the best possible representation. Virginia Beach, VA 23452* However, a reckless driving ticket isnt the end of the world. 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). These penalties are commonly referred to as collateral consequences. Our special report about driving on suspended explains six critical issues to possibly fight in your case. 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. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. This lets you avoid criminal charges altogether in exchange for a much lower punishment, such as a small fine, community service, and/or mandatory driving classes. 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. 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. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. But generally, reckless driving is a misdemeanor. 3437 W. Cary St. Richmond, VA 23221 Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. . 720 Mall Parkway Holcomb Law, P.C. 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. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. But of course we cant know for sure until we talk with the officer and any other witnesses. Failing to do so is a separate crime, which can result in even more penalties. Reckless driving is a crime. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Pleading No Contest in Virginia Is the Same as Pleading Guilty You cannot simply mail in the ticket. It will tell you the date, time, and location of your hearing. That could involve pleading to a "wet reckless.". Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Basically, you want to show the court that youve made efforts to correct your behavior, and that there is a low risk of a repeat offense. In return, the court will offer you a plea deal for this much lower offense. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. 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. Andrew wrote the book on DWI. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. the same criminal penalties as reckless driving. 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. Jacob has been our lawyer for 3 years now and he is excellent. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. You explain to the court that you were not distracted when you hit the other vehicle. However, a wet reckless charge does not. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. Testimonials & Reviews: Our Clients Words. Am I pleading guilty if I sign a reckless driving ticket? Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. You make your appearance in court on the designated court date. Contact us to see what we can do for you. What Happens if You Get a Speeding Ticket in Virginia? It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. You should know that dry reckless is different from wet reckless. In Virginia, you have the automatic right to appeal any finding by the general district court. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. This is important because some judges have policies that concern what, if any, mercy they will grant an otherwise guilty traffic defendant based on how they plead. Speeding is a traffic infraction, and it doesn't carry jail time. 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. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. This field is for validation purposes and should be left unchanged. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. When you plead guilty, you are agreeing to a criminal recordfor life. However, the easiest is to simply avoid driving over 80 miles per hour. 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. What are the chances of reducing the ticket? Well outline the basics of each of these penalties below. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. How to Get Reckless Driving Reduced to Improper Driving in Virginia No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Reckless Driving VA | Reckless Driving First Offense Attorneys VA Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Free for Personal Injury & Criminal Defense Only. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. Showing the court evidence of this may also help your case. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. In general, you should expect to pay around $350-$500. The Virginia Appeals Process. The judge explains that he listened to you and all other witnesses intently. Fill out the form below and well be in touch within 1 business day! . Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Phone: (757) 260-5996. 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. I am a Virginia traffic attorney. Reckless driving remains on your Virginia driving record for 11 years. 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. 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. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. . What To Expect From a Virginia Speeding Case in Court? 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. 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. The abusive driver laws in Virginia were recently repealed. Reckless Driving is a pretty serious charge. Please call today to schedule a free, no-obligation consultation. 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 . As with license suspension, the final decision falls to the judge presiding over your case. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Pleading a wet and reckless driving charge may only be available for first-time offenders. As you can no doubt see, it this is not a decision to be made lightly. Guilty is a little bit different than no contest. What is a standard custody agreement in Virginia? Reckless driving; general rule. "Mr. Wilson is unbelievably knowledgeable and professional. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. These points will normally remain on your license for two years. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . 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. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. Possibly. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law 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. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. 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. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. What are the Advantages of Taking a Plea Deal in Virginia? Even if you have already been found guilty of reckless driving, you may be able to appeal. 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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. All Rights Reserved. Phone: (757) 387-1000, Hampton When you make a mistake and you cut your arm, please call a doctor. Anyone may represent himself or herself in any criminal case, but it is not generally advised. Here is what you are agreeing to when you sign the summons: If you refuse to sign the reckless driving summons, the police officer may assume that you will not appear in court and has the discretion to arrest you and take you to the police station to be booked. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Brunswick County Va Reckless Driving Lawyers, Bowling Green Va Reckless Driving Lawyers, Caroline County va Reckless Driving Lawyers, Chesterfield County Reckless Driving Lawyers, Colonial Heights Va Reckless Driving Lawyers, Dinwiddie County Va Reckless Driving Lawyers, Greensville County Va Reckless Driving Lawyers, Henrico County va Reckless Driving Lawyers, Lawrenceville VA Reckless Driving Lawyers, King George County Va Reckless Driving Lawyers, Mecklenburg County Va Reckless Driving Lawyers, New Kent County Va Reckless Driving Attorneys, Prince George County Reckless Driving Lawyers, Spotsylvania County Va Reckless Driving Lawyers, Stafford County Va Reckless Driving Lawyers, Sussex County Va Reckless Driving Lawyers. The other choice of plea would be no contest. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Speeding tickets are traffic infractions, not misdemeanors. Were you or a family member charged with reckless driving in Virginia? Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Am I pleading guilty if I sign a reckless driving ticket? The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. In addition, you may not prepay reckless driving citations in Virginia. Mar 2, 2023 Education. You are not pleading guilty by signing the summons. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. No. 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. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Andrew Lindsey; . Initiating the process is quite simple. I wouldnt be in school right now if it wasnt for Jacob and his team. 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. By providing the officer on scene with additional details, you increase the chance of self-incrimination. There are several ways to avoid reckless driving charges in Virginia. That is why it is so important that you work with a knowledgeable reckless driving attorney. Phone:(804) 355-8037 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. 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. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums.