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. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. This video explains a little about the different plea options and how we decide together what you should plead. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. 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. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. There are several ways to avoid reckless driving charges in Virginia. You could be sentenced to jail if you are convicted of reckless driving. 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. 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. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. Reckless Driving VA | Reckless Driving First Offense Attorneys VA 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. However, the easiest is to simply avoid driving over 80 miles per hour. The Notice of Appeal form will list a date . If you are found guilty or plead guilty, you will have a criminal conviction on your record. 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. 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. VA Code 46.2-862. How is this possible? Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. 2023 Simms Showers, LLP. As you can no doubt see, it this is not a decision to be made lightly. Avoiding DUI Penalties With a "Wet Reckless" Charge Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. 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. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. Can I Appeal My Virginia Reckless Driving Charge? 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. 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. FREE Virginia DUI/DWI Arrest Survival Guide! 46.2-852. Reckless driving; general rule - Virginia 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. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. We understand that returning to the state may be difficult and require significant time and expense. Waterville councilmember pleads guilty to reckless driving and lying to police. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. 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. 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. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. Reckless Driving is not a traffic infraction, it is a misdemeanor. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. 29 S Mallory St, Suite 206 If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. 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. If your speedometer was off in your favor this could be used to mount your defense. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. How Long Does a Reckless Driving Stay on Record in Virginia? Even with all this helpful information, sometimes you just need to talk. What guilty says is yes, I did what I am accused of. There is a difference between saying that the Commonwealth has the evidence to prove what theyre claiming, versus yes, I did what Im accused of. Thats the way I like to think about no contest versus guilty, and most of the time, I wouldnt plead a client guilty unless as pursuant to a plea agreement with the Commonwealth and theyre reducing the charge or giving us a really good outcome that we might not get from the judge. 888-DUI-LWYR | 703-361-6100. The problem is that question depends upon all the facts and circumstances of your case. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. 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. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Free for Personal Injury & Criminal Defense Only. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. Newport News, VA 23693 These relationships serve as a benefit in navigating the best path forward for clients. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. The outcome of any trial is not certain. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. Reckless Driving in Virginia: The Ultimate Guide - Tingen Law, PLLC 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. 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. Reckless Driving by Vehicle not Under Control, Driving a vehicle with improperly adjusted or faulty brakes, Driving an overloaded vehicle that obstructs view or controls, Driving next to another vehicle on a one lane roadway, Driving too fast for highway and traffic conditions (regardless of the posted speed limit), Speeding over 20 mph in excess of the speed limit, or driving faster than 80 mph regardless of the posted speed limit, Endangering a person or property on driveways or parking lots open to the public, Up to 6 months suspension of driving privileges, Acting under the instruction of a traffic enforcement officer or directing officer, Roadway markings clearly indicate permission to pass, Highways had the appropriate number of lanes to permit the act, Your vehicles speedometer was not calibrated properly, or the radar/Lidar device was not calibrated properly, You passed only a motorcycle, moped, or bicycle, Racing was on private property or with permission from the landowner, A clean driving record and character references, School bus was stopped for a reason other than loading or unloading, You were unaware of your vehicles defects and had them repaired soon thereafter, Failing to follow traffic signals or signs. 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. However, Virginia will report the offense and any imposed suspension or points to your home state. This is unbelievable, you think to yourself. The 10 day timeline includes weekends and holidays. EVER. This is especially true for repeat offenders. You will be given a court date, and it is extremely important that you appear when you are supposed to. Am I pleading guilty if I sign a reckless driving ticket? 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. . However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. In Virginia, this is more typically called a no contest plea. The judge then listens to the evidence. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Phone:(804) 355-8037 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. 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 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. He can arrest you and take you to the police station for booking as a result. 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. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. 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." . 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. your lawyer may argue for one of two options. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. This was a minor accident. And finally its your turn to testify. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. 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. What are the Advantages of Taking a Plea Deal in Virginia? One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. 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. In most cases, you can resolve them by simply paying the associated fine online. Andrew wrote the book on DWI. 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. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Confidential or time-sensitive information should not be sent through this form. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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. What gives me the shivers and a cold sweat is seeing a pro se defendant (no lawyer) walk up to the front of the room and plead guilty to Reckless Driving, a Class 1 Misdemeanor, without a fight. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Is Now the Time to Request Your Virginia Driving Record? This could have a negative impact on future prospects, including employment. 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. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. . Please call today to schedule a free, no-obligation consultation. 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. 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. Making a good impression on the judge is especially helpful in this regard. 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. While an officer can arrest you for the offense, they usually do not. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. I work with all clients to understand their desired result. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Reckless Driving in Virginia. Irrespective of the maximum speeds permitted by law, any person who drives a 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 shall be guilty of reckless driving. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Instead, you are asked to sign the summons, which is a promise to appear in court. When you plead guilty, you are agreeing to a criminal recordfor life. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. In return, the court will offer you a plea deal for this much lower offense. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless 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. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. The DMV will also apply between three and six demerit points to your license. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. What Happens if You Get a Speeding Ticket in Virginia? In Virginia, you have the automatic right to appeal any finding by the general district court.
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