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What are the Consequences of a Reckless Driving Conviction? Here is what you are agreeing to when you sign the summons: If you refuse to sign the reckless driving summons, the police officer may assume that you will not appear in court and has the discretion to arrest you and take you to the police station to be booked. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. The other choice of plea would be no contest. We recommend them without reservation to anyone looking for business law services. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. You could also ask your attorney if youve already hired one. 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. 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. Make sure to attend both your first appearance (if applicable) and your trial date. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. Motorists who cause severe injuries to another person while . Second, you should look into taking driver improvement courses prior to your trial. In general, you should expect to pay around $350-$500. Instead, the maximum penalty for speeding is usually only a $250 fine. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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. Fines: Class 1 misdemeanors carry a fine of up to $2,500. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. The judge explains that he listened to you and all other witnesses intently. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. The outcome of any trial is not certain. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Speeding tickets are traffic infractions, not misdemeanors. Making a good impression on the judge is especially helpful in this regard. In Virginia, drivers can plead . Neck injury? Reckless Driving? You are beside yourself! 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. 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. Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. 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. 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. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. You were driving on the day of the offense. 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. If you are found guilty or plead guilty, you will have a criminal conviction on your record. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. That is why it is so important that you work with a knowledgeable reckless driving attorney. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. Andrew wrote the book on reckless driving. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. Initiating the process is quite simple. An officer may arrest you for reckless driving if he or she observes you: No. 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. What Is The Virginia Difference Between Misdemeanor & Felony DUI? Contactme today to discuss your cases facts to determine the best option for you! He can arrest you and take you to the police station for booking as a result. What Kind of Evidence Can Help in My Reckless Driving Case? No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 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. . If the date is further out, then it is likely your actual trial date. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Its the most-reviewed Virginia reckless driving resource on Amazon.com. But that's only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. If you get stopped and you get charged with a crime, call a lawyer! Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. 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. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. Pleading No Contest in Virginia Is the Same as Pleading Guilty. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. This is important because some judges have policies that concern what, if any, mercy they will grant an otherwise guilty traffic defendant based on how they plead. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. 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. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. In Virginia, you have the automatic right to appeal any finding by the general district court. This video explains a little about the different plea options and how we decide together what you should plead. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. He hears from the driver of the other vehicle. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). 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 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. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. We provide transparent flat fees and flexible payment plans in most cases. Being proactive in your defense can go a long way, especially in cases of reckless by speed. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. However, the law was repealed a year later, and this is no longer a potential consequence. In most cases, you can resolve them by simply paying the associated fine online. Reckless Driving is not a traffic infraction, it is a misdemeanor. This can help show the judge that youre taking steps to fix the problem. We understand that returning to the state may be difficult and require significant time and expense. Schedule your consultation today and lets talk about what we can do for you! 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. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. 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. In many cases, I can handle your case through discussions over the phone and email. Mr. Wilson is a true professional. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. Reckless Driving is not a traffic infraction, it is a misdemeanor. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. You were driving unsafely, or at an unsafe speed. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. And in many Northern Virginia jurisdictions (like Fairfax County), the . Am I pleading guilty if I sign a reckless driving ticket? 41-6a-528 Reckless driving -- Penalty. Hes sorry, he tells you, but he has no choice but to find you guilty. Complete the form below to receive a free consultation. In general, you should expect to pay around $8,000 for a first offense DUI 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. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Its a no-brainer. For this reason, you should always speak carefully with officers during traffic stops. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. Visit our site today for more information. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. 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. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. The statute sets up speeds at which the police officer or trooper can give you a Reckless Driving charge, regardless of how you are driving. Reckless Driving in Virginia. 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. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. This is especially true for repeat offenders. 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. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Its judgment time. 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. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. However, there are certain guidelines you need to follow. Phone: (757) 387-1000, Hampton Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. The Virginia Appeals Process. 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 will be given a court date, and it is extremely important that you appear when you are supposed to. Virginia DUI and DWI; . In this circumstance, the nature of your charge is the same, but the procedure in the United States District Court for the Eastern District of Virginia is slightly different. ", "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. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. EVER. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. 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. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. An attorney experienced with VA reckless driving defense can help you prevent that outcome. Additionally, you may never even need to enter a courtroom. License suspension is mandatory for a . 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. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. 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. 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. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. However, most first-time offenders can avoid jail by instead performing community service. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. It is important to beat your reckless driving Virginia charge as it appears in all background checks and proves to be a hurdle to your future progress. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. A DUI charge stays on your criminal and DMV record. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. 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. But generally, reckless driving is a misdemeanor. Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Confidential or time-sensitive information should not be sent through this form. serves clients in Hampton Roads VA both in the Peninsula and the Southside including Seaford, Poquoson, Lightfoot, Hampton, Newport News, Yorktown, Fort Eustis, Lackey, Gloucester Point, Achilles, Maryus, Williamsburg, Bayside, Portsmouth, Norfolk, Chesapeake, Suffolk, Virginia Beach, Smithfield and beyond. Copyright The Reckless Driving Lawyers 2023. We would want to make them have to do their job and prove it, and maybe they cant prove it. Your home states laws will determine whether any offense will apply to your driving record there. At most, improper driving will result in a $500 fine and three points on your license. "Excellent teamwork, professional staff, and caring environment." This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. 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. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. 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. 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.