The 10 day timeline includes weekends and holidays. 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. 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. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. 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. In this article, well cover every aspect of understanding and fighting a reckless driving charge 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.. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you to remain free until your case is decided. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? "Mr. Wilson is unbelievably knowledgeable and professional. By signing the summons, you are promising to attend your court hearing in your criminal case. An officer may arrest you for reckless driving if he or she observes you: No. 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. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. Motorists who cause severe injuries to another person while . There are reasons why no self-respecting lawyer would do this to his or her client. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. 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. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. 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." . Your Virginia reckless driving defense attorney can help you accomplish this. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Your case gets called and the judge asks you how you plead. Our special report about driving on suspended explains six critical issues to possibly fight in your case. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Reckless driving is a Class 1 misdemeanor in Virginia. An attorney experienced with VA reckless driving defense can help you prevent that outcome. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Making a good impression on the judge is especially helpful in this regard. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. 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. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. The judge then listens to the evidence. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. How do I plead? you think to yourself. Reckless driving sentence - Virginia - Keefer Law Firm three and six demerit points to your license. We provide free consultations for cases in our area. Seek competent legal counsel for advice on any legal matter. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. 2023 Simms Showers, LLP. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. 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. Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC Am I pleading guilty if I sign a reckless driving ticket? Yes. Reckless driving remains on your Virginia driving record for 11 years. In most cases, you can resolve them by simply paying the associated fine online. These shops should be able to provide you with a calibration sheet that can be used in Court. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. Its jam-packed full of answers for your case. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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. Fill out the form below and well be in touch within 1 business day! 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 have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Pleading a wet and reckless driving charge may only be available for first-time offenders. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. 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. You are not pleading guilty by signing the summons. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Do you know how hard it is to find a lawyer that you can trust? So, what to do? 3437 W. Cary St. Richmond, VA 23221 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 I Date Someone Else While Separated, Is it Adultery in Virginia? Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. No. 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. 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] . Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. This can help show the judge that youre taking steps to fix the problem. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. In Virginia, drivers can plead . Complete the form below to receive a free consultation. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. 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. 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. However, most first-time offenders can avoid jail by instead performing community service. This field is for validation purposes and should be left unchanged. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. 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. Its a no-brainer. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. What are the Consequences of a Reckless Driving Conviction? All Rights Reserved. This is especially true for repeat offenders. At most, improper driving will result in a $500 fine and three points on your license. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. 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. Signing the summons is a good strategy to avoid these negative consequences. (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 . 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. 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. Plea Bargains in Virginia Reckless Driving Cases | Charles V 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. Holcomb Law, P.C. Top Questions to Ask a Virginia Reckless Driving Attorney. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. 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. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. Jacob has been our lawyer for 3 years now and he is excellent. 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. 29 S Mallory St, Suite 206 Is Now the Time to Request Your Virginia Driving Record? We go above and beyond in order to provide our clients with the best possible representation. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Waterville councilmember pleads guilty to reckless driving and lying to police. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. You always look for a way to help your clients. In many cases, I can handle your case through discussions over the phone and email. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. What Happens to My Health Insurance Benefits During Divorce in Virginia? These relationships serve as a benefit in navigating the best path forward for clients. Hes sorry, he tells you, but he has no choice but to find you guilty. He can arrest you and take you to the police station for booking as a result. 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%. 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. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. It typically has the same effect as a guilty plea. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Phone:(804) 355-8037 Andrew wrote the book on reckless driving. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. 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. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. Instead, you are asked to sign the summons, which is a promise to appear in court. 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. Indeed, pleading not guilty or no contest before such a judge could prove to be a very costly mistake, especially to a person concerned about the affect the reckless driving conviction could have on their driving record, auto insurance rates, employment, or driving privileges. 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. You cannot simply mail in the ticket. We recommend them without reservation to anyone looking for business law services. Virginia Criminal Offense FAQs | The Wilson Law Firm In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Showing the court evidence of this may also help your case. For this reason, you should always speak carefully with officers during traffic stops. Failing to do so is a separate crime, which can result in even more penalties. 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. 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. The problem is that question depends upon all the facts and circumstances of your case. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Even if you have already been found guilty of reckless driving, you may be able to appeal. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. Call our Fairfax law office or start an online chat to schedule a free consultation today. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Home; About. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. However, a wet reckless charge does not. Make sure to always attend any court dates relating to your reckless driving charge. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. 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. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. 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. Speeding tickets are traffic infractions, not misdemeanors. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Additional penalties for failing to appear may also apply. 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. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. The 10 day timeline includes weekends and holidays. 6 Reasons a Lawyer Should Fight Your Ticket. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Virginia Traffic Court: Should I plead No Contest or Guilty?