Reckless Driving FAQs | Frequently Asked Questions If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. 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. 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. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. What Do You Need to Know about Wet Reckless in Virginia? In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. The officer testifies that he did not see any tire marks to indicate braking, which led him to believe that you were distracted and did not brake before impacting the other vehicle. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. 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. 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. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. 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. The DMV will also apply between three and six demerit points to your license. Do you know how hard it is to find a lawyer that you can trust? While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. You are not pleading guilty to reckless driving by signing the summons. 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. The outcome of any trial is not certain. Please call today to schedule a free, no-obligation consultation. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. 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. Virginia Traffic Court: Should I plead No Contest or Guilty? Phone: (757) 656-1000, Virginia Beach While an officer can arrest you for the offense, they usually do not. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Possibly. 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. However, the most common reason for a reckless driving charge is speed. In Virginia, drivers can plead . . If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Georgia's Reckless Driving Laws and Penalties This could have a negative impact on future prospects, including employment. No. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Its judgment time. 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. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Copyright The Reckless Driving Lawyers 2023. Reckless driving remains on your Virginia driving record for 11 years. 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. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Out of state drivers face the same reckless driving penalties as Virginia drivers. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney Waterville councilmember pleads guilty to reckless driving and lying to However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. Call Free Consultation (703) 350-4877. EVER. Well, you guys treat people well. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. Neck injury? Reckless Driving? You are beside yourself! three and six demerit points to your license. Avoiding DUI Penalties With a "Wet Reckless" Charge Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. A plea of no contest, on the other hand, contains no admission. You only have 10 days to file the paperwork with your local Circuit Court. However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 720 Mall Parkway 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 This video explains a little about the different plea options and how we decide together what you should plead. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. 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. 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. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Finally, your attorney can look into a possible amendment to Improper Driving. I will carefully review the facts of your case in determining how best to reach your goal. . 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. 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. All Rights Reserved. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. Phone: (757) 317-1000, Newport News For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. One is to get your speedometer calibrated at a Virginia auto shop. "Mr. Wilson is unbelievably knowledgeable and professional. Also, under most circumstances, speeding carries a maximum penalty of $250. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. Reckless driving is a class B misdemeanor in Utah. Can I Appeal My Virginia Reckless Driving Charge? 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. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. I am a Virginia traffic attorney. A lawyer can question any witnesses and make arguments on your behalf. What Is The Virginia Difference Between Misdemeanor & Felony DUI? No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. The trial itself will be conducted in the same general fashion as your first trial. This means that it carries the same criminal penalties as reckless driving. While an officer can arrest you for the offense, they usually do not. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Call our Fairfax law office or start an online chat to schedule a free consultation today. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. 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. In return, the court will offer you a plea deal for this much lower offense. Jacob is the Managing Partner of Tingen Law. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. How Do I Fight A Reckless Driving Charge in Virginia? Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. 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. However, the law was repealed a year later, and this is no longer a potential consequence. 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. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. 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. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. 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. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Confidential or time-sensitive information should not be sent through this form. 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. Phone:(804) 355-8037 While not a valid defense on its own, taking actions to fix the problem will also help your case in court. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. 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. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. Your Virginia reckless driving defense attorney can help you accomplish this. That means that it will be a complete do-over and the judge will hear the case as if it were not brought before any previous court. Complete the form below to receive a free consultation. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. However, most first-time offenders can avoid jail by instead performing community service. If you have any questions, please contact our firm at (804) 355-8037. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. 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. Reckless driving is a Class 1 misdemeanor in Virginia. To explore your options, contact the firm at 908-643-6801 or via email to . 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. The Commonwealth of Virginia defines reckless driving in many different ways. All rights reserved. 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. 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. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? 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. . This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. 41-6a-528 Reckless driving -- Penalty. In some states, certain acts are automatically considered reckless, such as: Hampton, VA 23663 Email:info@weilandfirm.com What Happens if You Get a Speeding Ticket in Virginia? 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. 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. 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. life, limb, or property?. This field is for validation purposes and should be left unchanged. Virginia courts penalize reckless driving as aClass 1 misdemeanor. If your speedometer was off in your favor this could be used to mount your defense. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. The judge then listens to the evidence. 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. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. For this reason, you should always speak carefully with officers during traffic stops. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. It happens to the best of us. Our special report about driving on suspended explains six critical issues to possibly fight in your case. What are the Consequences of a Reckless Driving Conviction? Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. The problem is that question depends upon all the facts and circumstances of your case. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. You were driving unsafely, or at an unsafe speed. Reckless driving is a crime. . In a "wet reckless" you plead guilty to reckless driving with alcohol involved. 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. 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. If a death occurs as a result of racing, you will be charged with a class 6 felony. 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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Your appeal will be heard de novo in circuit court. A DUI charge stays on your criminal and DMV record. 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. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. One very common example of charge bargaining in Virginia relates to reckless driving. Even with all this helpful information, sometimes you just need to talk. Signing the summons is a good strategy to avoid these negative consequences. Jacob has been our lawyer for 3 years now and he is excellent. Second, you should look into taking driver improvement courses prior to your trial. I wouldnt be in school right now if it wasnt for Jacob and his team. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. How Should I Plead In My Traffic Case? - Andrew Flusche 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. An attorney familiar with Virginias reckless driving laws can suggest defenses that may work for your circumstances such as obtaining a speedometer calibration, presenting evidence of a medical emergency, or completing community service to demonstrate remorse for your actions. Top Questions to Ask a Virginia Reckless Driving Attorney. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. 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.. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. Keep in mind that you can be arrested even if you sign the ticket if the officer has other reasons to believe that you will not attend your court hearing. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. You will be given a court date, and it is extremely important that you appear when you are supposed to. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense . 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.