One is to get your speedometer calibrated at a Virginia auto shop. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. It will tell you the date, time, and location of your hearing. 6 Reasons a Lawyer Should Fight Your Ticket. And this same decision process is just as important, if not more important, when dealing with other traffic offenses such as DUI/DWI or Hit & Run. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. The DMV will also apply between three and six demerit points to your license. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. All Rights Reserved. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. 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. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. What is Constructive Desertion in Virginia. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. 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. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. No. However, there are certain guidelines you need to follow. The 10 day timeline includes weekends and holidays. The judge explains that he listened to you and all other witnesses intently. You explain to the court that you were not distracted when you hit the other vehicle. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Speeding tickets are traffic infractions, not misdemeanors. Fill out the form below and well be in touch within 1 business day! Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. 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. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Reckless Driving in Virginia. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. A person can be charged with reckless driving if he is driving 20 miles per hour over . Were you or a family member charged with reckless driving in Virginia? 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. In Virginia, reckless driving is a class 1 criminal misdemeanor. The judge then listens to the evidence. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Because if they cant prove an element, or if there is a question of whether or not they can maybe one is a little sketchy on their end- then we would definitely want to plead not guilty. Additionally, you may never even need to enter a courtroom. 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. 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. Andrew wrote the book on reckless driving. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. 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. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. 468 Investors Pl, Suite 202A Make sure to always attend any court dates relating to your reckless driving charge. 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., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. In order to make a reckless driving charge stick, the state has to prove the following things beyond reasonable doubt: If the judge has a reason to doubt either of those facts, you can move to get your case dismissed. This means that it carries the same criminal penalties as reckless driving. 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. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. All rights reserved. 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. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Andrew wrote the book on DWI. You must answer the ticket in the same way as in-state offenders. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. In Virginia, reckless driving is defined as any of the following: Driving over 20 mph over the speed limit, or faster than 80 mph total. The penalties aren't as severe as in a DUI in Virginia. Reckless driving carries many of the same consequences of any misdemeanor criminal offense, including the possibility of jail time and a criminal record that is both permanent and publicly available. You make your appearance in court on the designated court date. License suspension is mandatory for a . Its jam-packed full of answers for your case. . An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. 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. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Phone:(804) 355-8037 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. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. There are several ways to avoid reckless driving charges in Virginia. This video explains a little about the different plea options and how we decide together what you should plead. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. 720 Mall Parkway Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. In Virginia, drivers can plead . Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Virginia laws do not statutorily define wet and reckless driving. Yes. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. 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. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. 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. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. These points will normally remain on your license for two years. The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. 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. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. 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. EVER. One very common example of charge bargaining in Virginia relates to reckless driving. 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. You will be given a court date, and it is extremely important that you appear when you are supposed to. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. 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. 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 . You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. For a first reckless driving conviction, the Driver License Division (DLD) can suspend the driver's license for up to three months upon the recommendation of the judge. 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 In some states, certain acts are automatically considered reckless, such as: However, the law was repealed a year later, and this is no longer a potential consequence. Instead, you are asked to sign the summons, which is a promise to appear in court. 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. However, you can appeal the outcome of your case and receive a new trial with a different judge. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Virginia Reckless Driving: Out of State Drivers. 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. Even with all this helpful information, sometimes you just need to talk. I wouldnt be in school right now if it wasnt for Jacob and his team. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. A lawyer can question any witnesses and make arguments on your behalf. Also, under most circumstances, speeding carries a maximum penalty of $250. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. 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. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Seek competent legal counsel for advice on any legal matter. No. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. FREE Virginia DUI/DWI Arrest Survival Guide! Contactme today to discuss your cases facts to determine the best option for you! It typically has the same effect as a guilty plea. At most, improper driving will result in a $500 fine and three points on your license. Maximum penalty: The way you would be guilty of a felony traffic offense in Virginia is if you are convicted of multiple DUI's in a short period of time. Were a Richmond, Virginia law firm with clients from around the world. 11815 Fountain Way, Suite 300 Accidentally admitting to a crime during the stop will only negatively impact your case down the line. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. Reckless Driving is not a traffic infraction, it is a misdemeanor. Holcomb Law, P.C. Rock and read Annual event encourages reading +4; Mar 2, 2023 And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . That could involve pleading to a "wet reckless.". The final plea that would normally be entered is guilty. 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. Make sure to attend both your first appearance (if applicable) and your trial date. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. He can arrest you and take you to the police station for booking as a result. When you plead guilty, you are agreeing to a criminal recordfor life. . 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. Reckless driving, unsafe passing . In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . If you get stopped and you get charged with a crime, call a lawyer! 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. 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. Jacob has been our lawyer for 3 years now and he is excellent. Reckless driving is a class 1 misdemeanor. three and six demerit points to your license. Phone: (757) 317-1000, Newport News Notwithstanding your utter disagreement with the judges ruling, you explain to his or her honor that you have a perfect driving record and this is the first accident youve ever been involved in and youd like the court to consider reducing this to something less serious than reckless driving.
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