You could also ask your attorney if youve already hired one. 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. What I do as an attorney if you hire me, is we look at all the elements of your case that the Commonwealth is going to have to prove against you and we see if they can prove them. Well, in part its because you didnt consult with an attorney who has a very clear understanding of Virginia traffic law, the courts policies and the facts at hand. Andrew wrote the book on DWI. You can also ask for a jury trial, but you may have to pay the costs for it. 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. 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. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. 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. How Long Does a Reckless Driving Stay on Record in Virginia? However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. First, look at the charges or law section part of the ticket. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? 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. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. 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. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. 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. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Reckless driving sentence - Virginia - Keefer Law Firm There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. 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. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. 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. And in most states, this is not admissible in civil proceedings. "Excellent teamwork, professional staff, and caring environment." Yes. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. A Quick Guide to Virginias Hit and Run Laws. Seek competent legal counsel for advice on any legal matter. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Virginia Reckless Driving: Out of State Drivers. 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. Can I Appeal My Virginia Reckless Driving Charge? 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. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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. 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." . - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Virginia reckless driving consequences of large fines, jail sentences, increased insurance premiums, and the resulting criminal record remain the same for both local drivers and out of state drivers. 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. If you get stopped and you get charged with a crime, call a lawyer! Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. 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. If we can't help, we'll do our best to connect you with someone who can. Second, discuss with your attorney whether you should take a driver education or driver improvement course. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. At most, improper driving will result in a $500 fine and three points on your license. Your home states laws will determine whether any offense will apply to your driving record there. Hes sorry, he tells you, but he has no choice but to find you guilty. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. The Virginia Appeals Process. 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. Waterville councilmember pleads guilty to reckless driving and lying to police. However, a reckless driving ticket isnt the end of the world. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Am I pleading guilty if I sign a reckless driving ticket? Pleading 'No Contest' in Virginia: What You Should Know Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. If I Date Someone Else While Separated, Is it Adultery in Virginia? Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . I will carefully review the facts of your case in determining how best to reach your goal. three and six demerit points to your license. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. What are the Consequences of a Reckless Driving Conviction? You understand that if you fail to attend your court hearing, you could be arrested. Fax: (804) 355-8875 Speeding tickets are traffic infractions, not misdemeanors. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. 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. Virginia laws do not statutorily define wet and reckless driving. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Is Now the Time to Request Your Virginia Driving Record? Jacob has been our lawyer for 3 years now and he is excellent. When you plead guilty, you are agreeing to a criminal recordfor life. 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. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. 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. Its a no-brainer. Reckless driving means driving a car while willingly disregarding the safety of property and people. Reckless driving is a Class 1 misdemeanor in Virginia. Please call today to schedule a free, no-obligation consultation. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Were a Richmond, Virginia law firm with clients from around the world. This is an informal hearing commonly known as arraignment. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. These relationships serve as a benefit in navigating the best path forward for clients. Home; About. In general, you should expect to pay around $350-$500. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. How to Get Reckless Driving Dismissed | Legal Beagle Motorists who cause severe injuries to another person while . Reckless driving is a class 1 misdemeanor. An attorney experienced with VA reckless driving defense can help you prevent that outcome. As you can no doubt see, it this is not a decision to be made lightly. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. 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. Fines: Class 1 misdemeanors carry a fine of up to $2,500. 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. However, most first-time offenders can avoid jail by instead performing community service. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. 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. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Andrew Lindsey; . failure to appear in court is in itself a Class 1 misdemeanor in Virginia. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. Well, you guys treat people well. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 2023 Simms Showers, LLP. Jacob is the Managing Partner of Tingen Law. Its jam-packed full of answers for your case. Reckless Driving VA | Reckless Driving First Offense Attorneys VA If you qualify for a court-appointed attorney, the judge will also let you know on this day. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. You could be sentenced to jail if you are convicted of reckless driving. Your appeal will be heard de novo in circuit court. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. 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. 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. . In Virginia, this is more typically called a no contest plea. 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. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Reckless driving, unsafe passing . If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. If you are found guilty or plead guilty, you will have a criminal conviction on your record. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. While an officer can arrest you for the offense, they usually do not. What Is The Virginia Difference Between Misdemeanor & Felony DUI? Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. I plead not guilty, your honor, you stammer. Do you know how hard it is to find a lawyer that you can trust? 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. You must answer the ticket in the same way as in-state offenders. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. How Should I Plead In My Traffic Case? - Andrew Flusche Newport News, VA 23606* ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. 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. 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. Then the court hears from the officer. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. How is this possible? Additionally, you may never even need to enter a courtroom. I wouldnt be in school right now if it wasnt for Jacob and his team. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. (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 .
