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. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. All rights reserved. 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. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. 29 S Mallory St, Suite 206 All Rights Reserved. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . Your home states laws will determine whether any offense will apply to your driving record there. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. . For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. We recommend them without reservation to anyone looking for business law services. Conviction of felony reckless driving causing death results in a license suspension of 1 to 3 years as well as a prison sentence of up to 20 years. An attorney experienced with VA reckless driving defense can help you prevent that outcome. 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. 888-DUI-LWYR | 703-361-6100. The Virginia Code defines a number of actions as reckless driving. No. Then the court hears from the officer.
Reckless Driving Lawyer Virginia - Criminal Defense Law Firm 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. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission.
Am I pleading guilty if I sign a reckless driving ticket? First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Fax: (804) 355-8875 Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Reckless driving is a class B misdemeanor in Utah. You should know that dry reckless is different from wet reckless. Mar 2, 2023 Education. You explain to the court that you were not distracted when you hit the other vehicle. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Mr. Wilson is a true professional. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. The 10 day timeline includes weekends and holidays. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. 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. 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. 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. I wouldnt be in school right now if it wasnt for Jacob and his team. What Happens if You Get a Speeding Ticket in Virginia? 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. 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. . Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. But generally, reckless driving is a misdemeanor. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. 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.
Is Now the Time to Request Your Virginia Driving Record? I work with all clients to understand their desired result. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. You are not pleading guilty by signing the summons. . This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Your case gets called and the judge asks you how you plead. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Please call today to schedule a free, no-obligation consultation. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. 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. Its a no-brainer. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. Guilty is a little bit different than no contest. Home; About. 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. As you can no doubt see, it this is not a decision to be made lightly. 3437 W. Cary St. Richmond, VA 23221 Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. For this reason, you should always speak carefully with officers during traffic stops. Phone: (757) 260-5996. I am a Virginia traffic attorney. The Notice of Appeal form will list a date you must appear in Circuit Court to either have a second trial or pick a new trial date. Saying NO to Breath Test COULD Incriminate You, YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LmtzWkluSGtoSjlr, Fighting No Insurance Tickets in Virginia, Talk to a Virginia Traffic Attorney BEFORE Going to Court. However, most first-time offenders can avoid jail by instead performing community service. . After all, youre a model citizen who works hard, raises a family and has never been in trouble before. 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. 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. You could be sentenced to jail if you are convicted of reckless driving. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor 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. Now its the courts turn. However, the most common reason for a reckless driving charge is speed. Hello, Im Andrew Flusche. You cannot simply mail in the ticket. What Is The Virginia Difference Between Misdemeanor & Felony DUI? The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. 468 Investors Pl, Suite 202A the same criminal penalties as reckless driving. You could also ask your attorney if youve already hired one. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. 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. 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. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. 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. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Confidential or time-sensitive information should not be sent through this form. Make sure to attend both your first appearance (if applicable) and your trial date.
How Should I Plead In My Traffic Case? - Andrew Flusche It happens to the best of us. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. 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. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. He has been great for us, the very best. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. If you have any questions, please contact our firm at (804) 355-8037.
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