In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Speeding tickets are traffic infractions, not misdemeanors. Signing the summons is a good strategy to avoid these negative consequences. This law firm website and legal marketing are managed by MileMark Media. Visit our site today for more information. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Virginia laws do not statutorily define wet and reckless driving. Complete the form below to receive a free consultation. Newport News, VA 23606* Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. The 10 day timeline includes weekends and holidays. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. 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 higher your speed, the more likely jail time becomes. Your case gets called and the judge asks you how you plead. However, most first-time offenders can avoid jail by instead performing community service. In return, the court will offer you a plea deal for this much lower offense. 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. As you can no doubt see, it this is not a decision to be made lightly. If you have any questions during the stop itself, ask the officer who issued you the ticket. The Virginia Code defines a number of actions as reckless driving. 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. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. GET DIRECTIONS. How to Get Reckless Driving Dismissed | Legal Beagle Pleading to less serious charges. Reckless Driving in Virginia: What You Need To Know Your SEO optimized title Menu Home Criminal Defense Assault and Battery Concealment/Shoplifting Trespassing Expungements Underage Possession Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. By signing the summons, you are promising to attend your court hearing in your criminal case. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. When you make a mistake and you cut your arm, please call a doctor. Reckless Driving Laws by State - FindLaw The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. But of course we cant know for sure until we talk with the officer and any other witnesses. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: Using these laws, as well as other, more specific sections in the statute, Virginia judges can punish a wide variety of unsafe driving habits as reckless.. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Initiating the process is quite simple. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. All rights reserved. If convicted, youll usually receive a relatively large fine. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Am I pleading guilty if I sign a reckless driving ticket? You cannot simply mail in the ticket. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. 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 is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . Then the court hears from the officer. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. The penalties aren't as severe as in a DUI in Virginia. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Initiating the process is quite simple. Neck injury? Reckless Driving? You are beside yourself! You explain to the court that you were not distracted when you hit the other vehicle. Its judgment time. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. By the time you realized they had not gone forward upon the light turning green it was too late and you made minor impact with the other vehicle. How Should I Plead In My Traffic Case? - Andrew Flusche 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. However, a wet reckless charge does not. 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. Also, under most circumstances, speeding carries a maximum penalty of $250. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. 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. Phone: (757) 656-1000, Virginia Beach In a "wet reckless" you plead guilty to reckless driving with alcohol involved. Virginia Traffic Tickets | I Drive Safely Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. If you get stopped and you get charged with a crime, call a lawyer! Fax: (804) 355-8875 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. Virginia Reckless Driving: Out of State Drivers. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. A plea of no contest, on the other hand, contains no admission. A lawyer can question any witnesses and make arguments on your behalf. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. 6 Reasons a Lawyer Should Fight Your Ticket. However, you should still speak with an attorney to double check this information. . 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. Virginia is notoriously harsh in its treatment of driving crimes. (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 . If the date is further out, then it is likely your actual trial date. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. . Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. Waterville councilmember pleads guilty to reckless driving and lying to Remember, failing to show up to your court date can lead to additional charges. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Speeding is a traffic infraction, and it doesn't carry jail time. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. These penalties are commonly referred to as collateral consequences. Mar 2, 2023 Education. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. If I Date Someone Else While Separated, Is it Adultery in Virginia? No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. What is Constructive Desertion in Virginia. 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. Georgia's Reckless Driving Laws and Penalties First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Call Free Consultation (703) 350-4877. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. This is especially true for repeat offenders. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Its a no-brainer. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. 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. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. What To Expect From a Virginia Speeding Case in Court? 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. Utah's Reckless and Driving Laws and Penalties If we can't help, we'll do our best to connect you with someone who can. 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. . When you plead guilty, you are agreeing to a criminal recordfor life. Pleading a wet and reckless driving charge may only be available for first-time offenders. Reckless Driving in Virginia. The judge then listens to the evidence. The next thing he remembers, he informs the court, is that his vehicle was rammed from behind and he had to be transported to the hospital because his neck was in pain. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. Honestly with a lot of cases, with traffic cases like reckless driving and speeding and things like that, a lot of times the officer will have all their evidence in order and the case is more of a question of negotiation, trying to get a better result from the prosecutor or the judge. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Your Virginia reckless driving defense attorney can help you accomplish this. But generally, reckless driving is a misdemeanor. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. 3437 W. Cary St. Richmond, VA 23221 Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). 720 Mall Parkway Fill out the form below and well be in touch within 1 business day! 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. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. 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. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Make sure to attend both your first appearance (if applicable) and your trial date. 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. 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. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. In general, you should expect to pay around $350-$500. Can I Appeal My Virginia Reckless Driving Charge? You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. 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.