Depending on your state, either the judge or a jury will make a final decision. While the judge may appreciate your candor, it is still an admission of guilt. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. 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. Is Now the Time to Request Your Virginia Driving Record? Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Initiating the process is quite simple. Being proactive in your defense can go a long way, especially in cases of reckless by speed. 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. Rock and read Annual event encourages reading +4; Mar 2, 2023 Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. Reckless driving means driving a car while willingly disregarding the safety of property and people. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. 3437 W. Cary St. Richmond, VA 23221 Motorists who cause severe injuries to another person while . You explain to the court that you were not distracted when you hit the other vehicle. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. 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. Well, you guys treat people well. What Is The Virginia Difference Between Misdemeanor & Felony DUI? Youre left stunned. These relationships serve as a benefit in navigating the best path forward for clients. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Complete the form below to receive a free consultation. 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. Second, discuss with your attorney whether you should take a driver education or driver improvement course. Also, under most circumstances, speeding carries a maximum penalty of $250. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. Were you or a family member charged with reckless driving in Virginia? Andrew wrote the book on DWI. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. Call our Fairfax law office or start an online chat to schedule a free consultation today. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Your appeal will be heard de novo in circuit court. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Reckless driving remains on your Virginia driving record for 11 years. If you have any questions, please contact our firm at (804) 355-8037. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. 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. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. 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. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? 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. Even with all this helpful information, sometimes you just need to talk. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. I am happy to work with you based on your convenience. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. Yes. A lawyer can question any witnesses and make arguments on your behalf. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. Virginia laws do not statutorily define wet and 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. 2023 Simms Showers, LLP. Speak to one of our lawyers now to identify the right solutions. In return, the court will offer you a plea deal for this much lower offense. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. Pleading a wet and reckless driving charge may only be available for first-time offenders. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. 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. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. However, you should note that youll never receive a ticket for improper driving.. 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. Newport News, VA 23606* Reckless driving; general rule. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. 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. 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. Holcomb Law, P.C. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. 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. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. 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. You are not pleading guilty by signing the summons. The DMV will also apply between three and six demerit points to your license. You can also ask for a jury trial, but you may have to pay the costs for it. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. But generally, reckless driving is a misdemeanor. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. 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 youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. 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. Do you know how hard it is to find a lawyer that you can trust? Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. In some states, certain acts are automatically considered reckless, such as: Fax: (804) 355-8875 In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. You also cannot appeal if you plead guilty to the reckless driving charge or a reduced charge, because pleading guilty automatically waives your right to appeal. Fill out the form below and well be in touch within 1 business day! If you are found guilty or plead guilty, you will have a criminal conviction on your record. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. Remember, failing to show up to your court date can lead to additional charges. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. This field is for validation purposes and should be left unchanged. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Our office handles reckless driving cases across Northern Virginia state courts (Alexandria, Fairfax, Arlington, Prince William) and the Eastern District of Virginia federal district court. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. At most, improper driving will result in a $500 fine and three points on your license. First, depending on your district, you should commit to performing community service before your trial date. Andrew wrote the book on reckless driving. Visit our site today for more information. What is a standard custody agreement in Virginia? There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. 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. 888-DUI-LWYR | 703-361-6100. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Well, in part its because you didnt consult with an attorney who has a very clear understanding of Virginia traffic law, the courts policies and the facts at hand. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. 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 Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. A Quick Guide to Virginias Hit and Run Laws. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . . A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. If your speedometer was off in your favor this could be used to mount your defense. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. 468 Investors Pl, Suite 202A 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. 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. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. 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. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. Now its the courts turn. 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. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. However, most first-time offenders can avoid jail by instead performing community service. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Hello, Im Andrew Flusche. 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. You were driving unsafely, or at an unsafe speed. Even if you have already been found guilty of reckless driving, you may be able to appeal. 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. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. These penalties are commonly referred to as collateral consequences. Speeding is a traffic infraction, and it doesn't carry jail time. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Initiating the process is quite simple. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. 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. This is an informal hearing commonly known as arraignment. However, a wet reckless charge does not. Testimonials & Reviews: Our Clients Words. 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. 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. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. An officer may arrest you for reckless driving if he or she observes you: No. If you qualify for a court-appointed attorney, the judge will also let you know on this day. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. A person can be charged with reckless driving if he is driving 20 miles per hour over . First, look at the charges or law section part of the ticket. It is in your best interest to have a Virginia attorney who is experienced in reckless driving laws file the appeal for you and represent you throughout the process. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. What are the chances of reducing the ticket? 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. 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. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. . But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Virginia reckless driving consequences of large fines, jail sentences, increased insurance premiums, and the resulting criminal record remain the same for both local drivers and out of state drivers. "Excellent teamwork, professional staff, and caring environment." 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. ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. You were driving on the day of the offense. Reckless driving carries many of the same consequences of any misdemeanor criminal offense, including the possibility of jail time and a criminal record that is both permanent and publicly available. In most cases, you can resolve them by simply paying the associated fine online.
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