Top Questions to Ask a Virginia Reckless Driving Attorney. 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. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . The Virginia Code defines a number of actions as reckless driving. Second, you should look into taking driver improvement courses prior to your trial. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. If you have any questions about the court date you should reach out to the Clerk of the 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. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. Phone: (757) 656-1000, Virginia Beach 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. Contact us to see what we can do for you. In most cases, you can resolve them by simply paying the associated fine online. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. What Is The Virginia Difference Between Misdemeanor & Felony DUI? This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Initiating the process is quite simple. Virginia laws do not statutorily define wet and reckless driving. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. 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. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 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. This means that it carries the same criminal penalties as reckless driving. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Virginia Beach, VA 23452* No. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. your lawyer may argue for one of two options. 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. You understand that if you fail to attend your court hearing, you could be arrested. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. 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. Newport News, VA 23606* Instead, you are asked to sign the summons, which is a promise to appear in court. All Rights Reserved. A lawyer can question any witnesses and make arguments on your behalf. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. 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. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. It is only a promise that you will be in court. That could involve pleading to a "wet reckless.". In Virginia, reckless driving is a criminal charge that can remain on your record and possibly interfere with your ability to get a job in the future. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. 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. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. You will be given a court date, and it is extremely important that you appear when you are supposed to. This field is for validation purposes and should be left unchanged. 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. Well, you guys treat people well. It happens to the best of us. 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. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Instead, the maximum penalty for speeding is usually only a $250 fine. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. 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 plead not guilty, your honor, you stammer. However, the easiest is to simply avoid driving over 80 miles per hour. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. If convicted, youll usually receive a relatively large fine. A Quick Guide to Virginias Hit and Run Laws. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. ", "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. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. Even if you have already been found guilty of reckless driving, you may be able to appeal. 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. EVER. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Andrew Lindsey; . Reckless driving remains on your Virginia driving record for 11 years. Reckless driving is a Class 1 misdemeanor in Virginia. One is to get your speedometer calibrated at a Virginia auto shop. When you plead guilty, you are agreeing to a criminal recordfor life. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. If we can't help, we'll do our best to connect you with someone who can. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. The 10 day timeline includes weekends and holidays. Instead, you are asked to sign the summons, which is a promise to appear in court. There are reasons why no self-respecting lawyer would do this to his or her client. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. 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. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. The judge then listens to the evidence. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Can I Appeal My Virginia Reckless Driving Charge? If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. And in many Northern Virginia jurisdictions (like Fairfax County), the . 3437 W. Cary St. Richmond, VA 23221 Were a Richmond, Virginia law firm with clients from around the world. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. 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. When you plead guilty, you are agreeing to a criminal recordfor life. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Your home states laws will determine whether any offense will apply to your driving record there. 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. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. One very common example of charge bargaining in Virginia relates to reckless driving. If a death occurs as a result of racing, you will be charged with a class 6 felony. 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. 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. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. At most, improper driving will result in a $500 fine and three points on your license. The judge explains that he listened to you and all other witnesses intently. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. In return, the court will offer you a plea deal for this much lower offense. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. 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. There are two ways to commit reckless driving: you can either. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. 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. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. Showing the court evidence of this may also help your case. 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. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. Andrew wrote the book on reckless driving. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. As the nice officer hands you the summons for Reckless Driving with a court date for you to appear and plead your case to the judge he waves politely and tells you to have a nice day. This can be used against you in civil court. Speeding is a traffic infraction, and it doesn't carry jail time. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. You were driving unsafely, or at an unsafe speed. You are not pleading guilty by signing the summons. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. 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.
pleading guilty to reckless driving in virginia