pleading guilty to reckless driving in virginia

Virginia Traffic Court: Should I plead No Contest or Guilty? If the date is further out, then it is likely your actual trial date. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. How Long Does a Reckless Driving Stay on Record in Virginia? But of course we cant know for sure until we talk with the officer and any other witnesses. These shops should be able to provide you with a calibration sheet that can be used in Court. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. 3437 W. Cary St. Richmond, VA 23221 In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. Seek competent legal counsel for advice on any legal matter. 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. 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. 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. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. You are not pleading guilty by signing the summons. Virginia Reckless Driving: Out of State Drivers. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Many Virginia jurisdictions no longer permit wet reckless driving pleas. . Contact us to see what we can do for you. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Contactme today to discuss your cases facts to determine the best option for you! A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. Home; Practice Areas . Finally, your attorney can look into a possible amendment to Improper Driving. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. 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 Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. I will carefully review the facts of your case in determining how best to reach your goal. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). You can also ask for a jury trial, but you may have to pay the costs for it. Virginia DUI and DWI; . If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. What are the Consequences of a Reckless Driving Conviction? Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. Testimonials & Reviews: Our Clients Words. An attorney experienced with VA reckless driving defense can help you prevent that outcome. If I Date Someone Else While Separated, Is it Adultery in Virginia? Free for Personal Injury & Criminal Defense Only. 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. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. 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. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. Remember, failing to show up to your court date can lead to additional charges. What Happens if You Get a Speeding Ticket in Virginia? First, depending on your district, you should commit to performing community service before your trial date. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Jacob has been our lawyer for 3 years now and he is excellent. 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. Phone: (757) 387-1000, Hampton You always look for a way to help your clients. The problem is that question depends upon all the facts and circumstances of your case. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. However, people charged with reckless driving where alcohol or drugs are involved may plead to a wet reckless driving charge to reduce a DUI convictions devastating impact. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. However, the law was repealed a year later, and this is no longer a potential consequence. This field is for validation purposes and should be left unchanged. Rock and read Annual event encourages reading +4; Mar 2, 2023 Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Yes. Phone: (757) 656-1000, Virginia Beach How Do I Fight A Reckless Driving Charge in Virginia? Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . There are reasons why no self-respecting lawyer would do this to his or her client. What is Constructive Desertion in Virginia. Hampton, VA 23663 Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. Reckless driving means driving a car while willingly disregarding the safety of property and people. Make sure to attend both your first appearance (if applicable) and your trial date. 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. Then the court hears from the officer. Reckless Driving is not a traffic infraction, it is a misdemeanor. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Do you know how hard it is to find a lawyer that you can trust? In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Initiating the process is quite simple. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. You will be given a court date, and it is extremely important that you appear when you are supposed to. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Newport News, VA 23693 That could involve pleading to a "wet reckless.". At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. 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. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. three and six demerit points to your license. This can be used against you in civil court. 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. 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. Well, you guys treat people well. In Virginia, you have the automatic right to appeal any finding by the general district court. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. He has been great for us, the very best. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Even with all this helpful information, sometimes you just need to talk. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Your case gets called and the judge asks you how you plead. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. In general, you should expect to pay around $350-$500. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. A Quick Guide to Virginias Hit and Run Laws. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. 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. Guilty is a little bit different than no contest. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. 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 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. Speeding tickets are traffic infractions, not misdemeanors. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. Andrew wrote the book on DWI. Reckless Driving is not a traffic infraction, it is a misdemeanor. All rights reserved. (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 . No. There are several ways to avoid reckless driving charges in Virginia. By providing the officer on scene with additional details, you increase the chance of self-incrimination. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? 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. 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. The DMV will also apply between three and six demerit points to your license. 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. In situations where there is difficulty proving blood alcohol levels with certainty, many may seek to reduce their DUI charge to a wet reckless driving charge. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal 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. Reckless Driving is a pretty serious charge. This is because most states subscribe to the Interstate Drivers License Compact. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Anyone may represent himself or herself in any criminal case, but it is not generally advised. You are not pleading guilty to reckless driving by signing the summons. It's vital that you make the scheduled court appearance, since failing to appear is a misdemeanor that could result in additional jail time on top of your reckless driving conviction. Now its the courts turn. 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. You go on to testify that the light had just turned green and you thought that the vehicle in front of you was beginning to accelerate and so you didnt brake. However, you can appeal the outcome of your case and receive a new trial with a different judge. One very common example of charge bargaining in Virginia relates to reckless driving. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. 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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. The Virginia Appeals Process. Waterville councilmember pleads guilty to reckless driving and lying to police. . 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 am a Virginia traffic attorney. There are two ways to commit reckless driving: you can either. Phone:(804) 355-8037 This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. But generally, reckless driving is a misdemeanor. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. The Virginia Code defines a number of actions as reckless driving. However, most first-time offenders can avoid jail by instead performing community service. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. life, limb, or property?. your lawyer may argue for one of two options. 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. Virginia laws do not statutorily define wet and reckless driving. 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.

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