If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Also, under most circumstances, speeding carries a maximum penalty of $250. 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. Am I pleading guilty if I sign a reckless driving ticket? Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. This is especially true for repeat offenders. three and six demerit points to your license. Reckless driving remains on your Virginia driving record for 11 years. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. Instead, the maximum penalty for speeding is usually only a $250 fine. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. A plea of no contest, on the other hand, contains no admission. Virginia is notoriously harsh in its treatment of driving crimes. Signing the summons is a good strategy to avoid these negative consequences. If you get stopped and you get charged with a crime, call a lawyer! When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. 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. Reckless driving is a crime. We go above and beyond in order to provide our clients with the best possible representation. 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. Instead, you are asked to sign the summons, which is a promise to appear in court. 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. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. . 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. Reckless driving is a class 1 misdemeanor. As the saying goes, anything you say can and will be used against you in a court of law. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). We provide free consultations for cases in our area. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. However, you should note that youll never receive a ticket for improper driving.. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. 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. 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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. 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. 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. 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. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. Depending on your state, either the judge or a jury will make a final decision. 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. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. 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. 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. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. Guilty is a little bit different than no contest. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. . And in most states, this is not admissible in civil proceedings. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Virginia Reckless Driving: Out of State Drivers. This video explains a little about the different plea options and how we decide together what you should plead. 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. 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. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right 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. Your Virginia reckless driving defense attorney can help you accomplish this. In most cases, you can resolve them by simply paying the associated fine online. Make sure to attend both your first appearance (if applicable) and your trial date. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. It doesnt take too much of an imagination to see yourself involved in a relatively minor accident at a traffic light on your way home from work. 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. 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.. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. If your speedometer was off in your favor this could be used to mount your defense. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. 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. 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. This is an informal hearing commonly known as arraignment. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. The hearing is where you will bring to light all the information presented in the police report. It will tell you the date, time, and location of your hearing. Phone: (757) 656-1000, Virginia Beach Fill out the form below and well be in touch within 1 business day! Confidential or time-sensitive information should not be sent through this form. 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. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . You cannot simply mail in the ticket. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. 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. That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. What are the chances of reducing the ticket? 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. Out of state drivers face the same reckless driving penalties as Virginia drivers. There are several ways to avoid reckless driving charges in Virginia. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. While the judge may appreciate your candor, it is still an admission of guilt. Waterville councilmember pleads guilty to reckless driving and lying to police. 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. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. The Commonwealth of Virginia defines reckless driving in many different ways. 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. A Quick Guide to Virginias Hit and Run Laws. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. . These shops should be able to provide you with a calibration sheet that can be used in Court. These penalties are commonly referred to as collateral consequences. 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law Then the court hears from the officer. Avoiding jail time. 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. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. However, Virginia will report the offense and any imposed suspension or points to your home state. If you have any questions about the court date you should reach out to the Clerk of the court. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Andrew Lindsey; . Visit our site today for more information. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. Reckless driving is a class B misdemeanor in Utah. But generally, reckless driving is a misdemeanor. 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. You always look for a way to help your clients. 2023 Simms Showers, LLP. Copyright The Reckless Driving Lawyers 2023. You are not pleading guilty by signing the summons. He hears from the driver of the other vehicle. The Virginia Code defines a number of actions as reckless driving. Free for Personal Injury & Criminal Defense Only. 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. Additionally, you may never even need to enter a courtroom. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . However, you should still speak with an attorney to double check this information. The 10 day timeline includes weekends and holidays. What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. You were driving on the day of the offense. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. However, you can appeal the outcome of your case and receive a new trial with a different judge. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. . Virginia DUI and DWI; . Your home states laws will determine whether any offense will apply to your driving record there. Reckless driving is a Class 1 misdemeanor in Virginia. Andrew wrote the book on reckless driving. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. It is only a promise that you will be in court. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? This means that it carries the same criminal penalties as reckless driving. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. 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. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Were you or a family member charged with reckless driving in Virginia? You make your appearance in court on the designated court date. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. 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. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. If convicted, youll usually receive a relatively large fine. He has been great for us, the very best. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Reckless Driving is not a traffic infraction, it is a misdemeanor. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. How Much Does a Virginia Reckless Driving Lawyer Cost? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. Virginia Traffic Court: Should I plead No Contest or Guilty? In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. 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. Reckless driving, unsafe passing . Call Free Consultation (703) 350-4877. 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. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Possibly. 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. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. FREE Virginia DUI/DWI Arrest Survival Guide! Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. Failing to do so is a separate crime, which can result in even more penalties. If I Date Someone Else While Separated, Is it Adultery in Virginia? The Virginia Appeals Process. They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. I had this video transcribed for visitors who prefer to read the content. If you are found guilty or plead guilty, you will have a criminal conviction on your record. 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. 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. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. For this reason, you should always speak carefully with officers during traffic stops. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Phone:(804) 355-8037 Top Questions to Ask a Virginia Reckless Driving Attorney. You could also ask your attorney if youve already hired one. To explore your options, contact the firm at 908-643-6801 or via email to . You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. (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 . The problem is that question depends upon all the facts and circumstances of your case. An attorney experienced with VA reckless driving defense can help you prevent that outcome. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. 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. 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. 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 A lawyer can question any witnesses and make arguments on your behalf. EVER. 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. I work with all clients to understand their desired result. Even with all this helpful information, sometimes you just need to talk. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles 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.
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