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. 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. Seek competent legal counsel for advice on any legal matter. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Phone:(804) 355-8037 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. 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. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Initiating the process is quite simple. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. All rights reserved. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. 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. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. A plea of no contest, on the other hand, contains no admission. This means that it carries the same criminal penalties as reckless driving. However, a wet reckless charge does not. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. However, you should still speak with an attorney to double check this information. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Andrew Lindsey; . I wouldnt be in school right now if it wasnt for Jacob and his team. 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. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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.. Call Free Consultation (703) 350-4877. The penalties aren't as severe as in a DUI in Virginia. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. As you can no doubt see, it this is not a decision to be made lightly. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. The hearing is where you will bring to light all the information presented in the police report. In Virginia, drivers can plead . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. Furthermore, a reckless driving charge can come with a fine of up to $2,500, up to a year in jail, a license suspension for up to six months, and an increase in car insurance fees. Though subsequent sections of the Code of Virginia outline actions that specifically constitute reckless driving, the determination as to whether to cite you for driving recklessly ultimately lies with the police officer who stops you. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. We provide free consultations for cases in our area. These shops should be able to provide you with a calibration sheet that can be used in Court. Virginia Beach, VA 23452* 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. 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 . FAIRFAX, Va. -- Washington Nationals outfielder Jayson Werth has pleaded guilty to reckless driving and has been sentenced to five days in jail for driving 105 mph on the Capital Beltway. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. The DMV will also apply between three and six demerit points to your license. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. You could also ask your attorney if youve already hired one. Remember, failing to show up to your court date can lead to additional charges. It typically has the same effect as a guilty plea. This is especially true for repeat offenders. 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. Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. So, what to do? Andrew wrote the book on reckless driving. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. You will be given a court date, and it is extremely important that you appear when you are supposed to. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . In Virginia, you have the automatic right to appeal any finding by the general district court. Also, under most circumstances, speeding carries a maximum penalty of $250. We respond to all communications within one business day. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. . The final plea that would normally be entered is guilty. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. 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. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. For this reason, you should always speak carefully with officers during traffic stops. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Motorists who cause severe injuries to another person while . A lawyer can question any witnesses and make arguments on your behalf. 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. 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. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. 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. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. A Quick Guide to Virginias Hit and Run Laws. It is only a promise that you will be in court. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. Reckless driving means driving a car while willingly disregarding the safety of property and people. . In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Youre left stunned. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. (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 . You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Its jam-packed full of answers for your case. . Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. The trial itself will be conducted in the same general fashion as your first trial. You could be sentenced to jail if you are convicted of reckless driving. Reckless driving; general rule. 41-6a-528 Reckless driving -- Penalty. 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. 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. What Kind of Evidence Can Help in My Reckless Driving Case? You can also ask for a jury trial, but you may have to pay the costs for it. License suspension is mandatory for a . How Much Does a Virginia Reckless Driving Lawyer Cost? Additional penalties for failing to appear may also apply. Do you know how hard it is to find a lawyer that you can trust? An attorney experienced with VA reckless driving defense can help you prevent that outcome. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Confidential or time-sensitive information should not be sent through this form. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. three and six demerit points to your license. Mar 2, 2023 Education. 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. As the saying goes, anything you say can and will be used against you in a court of law. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. 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. The judge explains that he listened to you and all other witnesses intently. 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. The 10 day timeline includes weekends and holidays. You only have 10 days to file the paperwork with your local Circuit Court. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Reckless Driving is a pretty serious charge. To explore your options, contact the firm at 908-643-6801 or via email to . Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). 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. Pleading to less serious charges. All parties who plead guilty to a wet and reckless driving charge work with the prosecuting attorney to determine the terms of your guilty plea. Make sure to always attend any court dates relating to your reckless driving charge. 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. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Instead, you are asked to sign the summons, which is a promise to appear in court. One very common example of charge bargaining in Virginia relates to 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. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. ", "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. Its the most-reviewed Virginia reckless driving resource on Amazon.com. He can arrest you and take you to the police station for booking as a result. 2023 Charles V. Hardenbergh, PC, All Rights Reserved, Reproduced with Permission, DUI/DWI Arrest Survival Guide The Guilt Myth, The Secret Truth about how to win a Virginia Expungement Case, Virginia Reckless Driving Sentence Estimator, 5 Mistakes to Avoid When Preparing for Court, Why You Shouldnt Pay Your Reckless Driving Ticket. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Second, you should look into taking driver improvement courses prior to your trial. In return, the court will offer you a plea deal for this much lower offense. Well, you guys treat people well. 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. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. How Do I Fight A Reckless Driving Charge in Virginia? If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. This is one very good reason to speak with an attorney early in your case, as they know how to maneuver your case towards this outcome. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. Hello, Im Andrew Flusche. 468 Investors Pl, Suite 202A Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. 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. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Even with all this helpful information, sometimes you just need to talk. Showing the court evidence of this may also help your case. 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." . 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. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. What are the chances of reducing the ticket? There are two ways to commit reckless driving: you can either. Making a good impression on the judge is especially helpful in this regard. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. Reckless driving is a Class 1 misdemeanor in Virginia. We provide transparent flat fees and flexible payment plans in most cases. Schedule your consultation today and lets talk about what we can do for you! In some states, certain acts are automatically considered reckless, such as: In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. At most, improper driving will result in a $500 fine and three points on your license. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. 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. Instead, you are asked to sign the summons, which is a promise to appear in court. You were driving unsafely, or at an unsafe speed. Virginia laws do not statutorily define wet and reckless driving. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. 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. First, depending on your district, you should commit to performing community service before your trial date. 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. All Rights Reserved. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal.