Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. This is because most states subscribe to the Interstate Drivers License Compact. The problem is that question depends upon all the facts and circumstances of your case. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. Second, you should look into taking driver improvement courses prior to your trial. Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. The hearing is where you will bring to light all the information presented in the police report. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Anyone may represent himself or herself in any criminal case, but it is not generally advised. 11815 Fountain Way, Suite 300 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. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. Additionally, you may never even need to enter a courtroom. In Virginia, reckless driving is a class 1 criminal misdemeanor. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. If youre charged with reckless driving, consult a lawyer immediately. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. 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. First, depending on your district, you should commit to performing community service before your 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. 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. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Fax: (804) 355-8875 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. 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. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. 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 have any questions, please contact our firm at (804) 355-8037. 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. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Even with all this helpful information, sometimes you just need to talk. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. If we can't help, we'll do our best to connect you with someone who can. Virginia Traffic Court: Should I plead No Contest or Guilty? Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. 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. But then to add insult to injury that police officer who has been very nice throughout the crash investigation informs you that the driver of the other vehicle needs to be taken to the hospital for a possible neck injury, and that he has to charge you with Reckless Driving. When you plead guilty, you are agreeing to a criminal recordfor life. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? This is unbelievable, you think to yourself. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you to remain free until your case is decided. This can be used against you in civil court. EVER. 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. Your home states laws will determine whether any offense will apply to your driving record there. 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. Hello, Im Andrew Flusche. This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Yes. 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. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. 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. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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. A DUI charge stays on your criminal and DMV record. However, there are certain guidelines you need to follow. 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 . Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. 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. Holcomb Law, P.C. Newport News, VA 23693 The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. There are reasons why no self-respecting lawyer would do this to his or her client. This is especially true for repeat offenders. ", "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. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. FREE Virginia DUI/DWI Arrest Survival Guide! 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. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. However, you should note that youll never receive a ticket for improper driving.. 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. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. 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. Virginia DUI and DWI; . Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Schedule your consultation today and lets talk about what we can do for you! Fighting your ticket can be challenging, but if you win your case, you will not be required to pay any fines or court fees, and the ticket will not be added to your record. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. 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. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. Reckless driving is a class 1 misdemeanor. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law The Commonwealth of Virginia defines reckless driving in many different ways. Speeding tickets are traffic infractions, not misdemeanors. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. 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. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. 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. Often, a conviction also affects government security clearances and contract eligibility for military or law enforcement personnel, and must be disclosed when applying for U.S. citizenship. 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. This can help show the judge that youre taking steps to fix the problem. These points will normally remain on your license for two years. 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." . Reckless driving; general rule. Avoiding jail time. 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. Virginia is notoriously harsh in its treatment of driving crimes. Instead, you are asked to sign the summons, which is a promise to appear in court. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. However, a wet reckless charge does not. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Virginia courts penalize reckless driving as aClass 1 misdemeanor. You were driving unsafely, or at an unsafe speed. Youre left stunned. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). . An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. However, Virginia will report the offense and any imposed suspension or points to your home state. You must answer the ticket in the same way as in-state offenders. 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. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Virginia Reckless Driving: Out of State Drivers. Our experienced reckless driving attorneys at Simms Showers, LLP serve clients in Leesburg, Loudoun County and Fairfax County and can defend you both initially and on appeal from your reckless driving charge. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. If your speedometer was off in your favor this could be used to mount your defense. . At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . Rock and read Annual event encourages reading +4; Mar 2, 2023 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. . you can avoid going to court altogether by entering a guilty plea and waiving your traffic . 888-DUI-LWYR | 703-361-6100. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. 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. VA Code 46.2-862. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. In some states, certain acts are automatically considered reckless, such as: No. Make sure to attend both your first appearance (if applicable) and your trial date. Initiating the process is quite simple. I wouldnt be in school right now if it wasnt for Jacob and his team. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. You could be sentenced to jail if you are convicted of reckless driving. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. 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. First, look at the charges or law section part of the ticket. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Motorists who cause severe injuries to another person while . I work with all clients to understand their desired result. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Reckless driving is a Class 1 misdemeanor in Virginia. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. One exception is that your reckless driving conviction may not impact your driving privileges in your home state, and you may not receive points against your license. This means that it carries the same criminal penalties as reckless driving. your lawyer may argue for one of two options. 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. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. However, the costs can change based on the details of your case. When you make a mistake and you cut your arm, please call a doctor. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. It is in your best interest to have a Virginia attorney who is experienced in reckless driving laws file the appeal for you and represent you throughout the process. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. This field is for validation purposes and should be left unchanged. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. In general, you should expect to pay around $350-$500. 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. the same criminal penalties as reckless driving. Virginia laws do not statutorily define wet and reckless driving. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. Reckless driving means driving a car while willingly disregarding the safety of property and people. Instead, the maximum penalty for speeding is usually only a $250 fine. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. The judge then listens to the evidence. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Possibly. You could also ask your attorney if youve already hired one. Your case gets called and the judge asks you how you plead. "Excellent teamwork, professional staff, and caring environment." If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. 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. 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. Neck injury? Reckless Driving? You are beside yourself! Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. 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. Testimonials & Reviews: Our Clients Words. How Much Does a Virginia Reckless Driving Lawyer Cost? If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Reckless driving is a Class 1 misdemeanor in Virginia. Reckless driving, unsafe passing . Am I pleading guilty if I sign a reckless driving ticket? Seek competent legal counsel for advice on any legal matter. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. 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. How Long Does a Reckless Driving Stay on Record in Virginia? . It is only a promise that you will be in court. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. 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. Email:info@weilandfirm.com Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. I had this video transcribed for visitors who prefer to read the content. Jacob has been our lawyer for 3 years now and he is excellent. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. 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. "Mr. Wilson is unbelievably knowledgeable and professional. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation.