Many Virginia jurisdictions no longer permit wet reckless driving pleas. Andrew Lindsey; . Yes. In general, you should expect to pay around $350-$500. But the problem is that I cant know if the Commonwealth has their evidence in your case unless Ive looked at all the evidence and talked with the officer and talked with the prosecutor and then, and only then, will we know what plea we should enter. In most cases, you can resolve them by simply paying the associated fine online. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. The Notice of Appeal form will list a date . Avoiding jail time. In Virginia, reckless driving is a class 1 criminal misdemeanor. . All rights reserved. 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. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. How Long Does a Reckless Driving Stay on Record in Virginia? And in most states, this is not admissible in civil proceedings. Is Now the Time to Request Your Virginia Driving Record? This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Can I Appeal My Virginia Reckless Driving Charge? 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. Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . 29 S Mallory St, Suite 206 document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. Make sure to attend both your first appearance (if applicable) and your trial date. Being proactive in your defense can go a long way, especially in cases of reckless by speed. . "Mr. Wilson is unbelievably knowledgeable and professional. 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. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. Jacob is the Managing Partner of Tingen Law. Newport News, VA 23693 Pleading a wet and reckless driving charge may only be available for first-time offenders. While an officer can arrest you for the offense, they usually do not. 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. 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. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. 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. Andrew wrote the book on DWI. What Kind of Evidence Can Help in My Reckless Driving Case? In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. You go on to testify that the light had just turned green and you thought that the vehicle in front of you was beginning to accelerate and so you didnt brake. 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. 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. One is to get your speedometer calibrated at a Virginia auto shop. As the saying goes, anything you say can and will be used against you in a court of law. 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. Speak to one of our lawyers now to identify the right solutions. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. You understand that if you fail to attend your court hearing, you could be arrested. Youre left stunned. The outcome of any trial is not certain. 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. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. We go above and beyond in order to provide our clients with the best possible representation. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. He hears from the driver of the other vehicle. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. 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 . In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. ", "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. 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. Your case gets called and the judge asks you how you plead. Am I pleading guilty if I sign a reckless driving ticket? Copyright The Reckless Driving Lawyers 2023. It's vital that you make the scheduled court appearance, since failing to appear is a misdemeanor that could result in additional jail time on top of your reckless driving conviction. By signing the summons, you are promising to attend your court hearing in your criminal case. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. 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. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. 3437 W. Cary St. Richmond, VA 23221 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. This video explains a little about the different plea options and how we decide together what you should plead. 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. Seek competent legal counsel for advice on any legal matter. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. It means that you are not admitting guilt, but you are also not disputing the facts of the charge and therefore, you accept the court's decision even though you're not admitting guilt. 41-6a-528 Reckless driving -- Penalty. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. 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 are found guilty or plead guilty, you will have a criminal conviction on your record. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. How do I plead? you think to yourself. 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. Out of state drivers face the same reckless driving penalties as Virginia drivers. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. This could have a negative impact on future prospects, including employment. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Reckless driving is a class B misdemeanor in Utah. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. life, limb, or property?. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Andrew wrote the book on reckless driving. 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. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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 drivers civil attorney may try to use that plea against you as an admission of guilt. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. 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. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. 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. 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. 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. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. 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. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. An attorney experienced with VA reckless driving defense can help you prevent that outcome. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. First, depending on your district, you should commit to performing community service before your trial date. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. I am a Virginia traffic attorney. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. As you can no doubt see, it this is not a decision to be made lightly. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. 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. 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. The Virginia Code defines a number of actions as reckless driving. If you have any questions, please contact our firm at (804) 355-8037. However, a wet reckless charge does not. However, a reckless driving ticket isnt the end of the world. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. But of course we cant know for sure until we talk with the officer and any other witnesses. It typically has the same effect as a guilty plea. Testimonials & Reviews: Our Clients Words. Call our Manassas office or start a live chat today to schedule your free consultation to learn how we will aggressively fight for your rights. 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. 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.. . 888-DUI-LWYR | 703-361-6100. How Do I Fight A Reckless Driving Charge in Virginia? However, there are certain guidelines you need to follow. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. 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 Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. However, the most common reason for a reckless driving charge is speed. . 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. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. And in many Northern Virginia jurisdictions (like Fairfax County), the . 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. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 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. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. 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. 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. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. If you have any questions during the stop itself, ask the officer who issued you the ticket. Second, discuss with your attorney whether you should take a driver education or driver improvement course. Also, under most circumstances, speeding carries a maximum penalty of $250. In return, the court will offer you a plea deal for this much lower offense. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Signing the summons is a good strategy to avoid these negative consequences. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. It will tell you the date, time, and location of your hearing. Reckless driving is a Class 1 misdemeanor in Virginia. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. 6 Reasons a Lawyer Should Fight Your Ticket. 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. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. The final plea that would normally be entered is guilty. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. What is Constructive Desertion in Virginia. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. 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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. However, most first-time offenders can avoid jail by instead performing community service. However, you should still speak with an attorney to double check this information. In addition, you may not prepay reckless driving citations in Virginia. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. If you have any questions about the court date you should reach out to the Clerk of the court. The 10 day timeline includes weekends and holidays. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. 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. Hello, Im Andrew Flusche. In Virginia, this is more typically called a no contest plea. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). 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. Brunswick County Va Reckless Driving Lawyers, Bowling Green Va Reckless Driving Lawyers, Caroline County va Reckless Driving Lawyers, Chesterfield County Reckless Driving Lawyers, Colonial Heights Va Reckless Driving Lawyers, Dinwiddie County Va Reckless Driving Lawyers, Greensville County Va Reckless Driving Lawyers, Henrico County va Reckless Driving Lawyers, Lawrenceville VA Reckless Driving Lawyers, King George County Va Reckless Driving Lawyers, Mecklenburg County Va Reckless Driving Lawyers, New Kent County Va Reckless Driving Attorneys, Prince George County Reckless Driving Lawyers, Spotsylvania County Va Reckless Driving Lawyers, Stafford County Va Reckless Driving Lawyers, Sussex County Va Reckless Driving Lawyers. 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. This law firm website and legal marketing are managed by MileMark Media. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Additional penalties for failing to appear may also apply. 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. Well, you guys treat people well. 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. Even if you have already been found guilty of reckless driving, you may be able to appeal. Speeding is a traffic infraction, and it doesn't carry jail time. One very common example of charge bargaining in Virginia relates to reckless driving. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. The hearing is where you will bring to light all the information presented in the police report. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. 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. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. You could be sentenced to jail if you are convicted of reckless driving. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. What I do as an attorney if you hire me, is we look at all the elements of your case that the Commonwealth is going to have to prove against you and we see if they can prove them. (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 . You explain to the court that you were not distracted when you hit the other vehicle. Pleading a wet and reckless driving charge may only be available for first-time offenders. The higher your speed, the more likely jail time becomes. The judge then listens to the evidence. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. 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. Waterville councilmember pleads guilty to reckless driving and lying to police. This means that no matter how light the traffic and no matter how under control your vehicle, it is still reckless driving to drive 85 mph, even in a 70 mph zone, or 20 mph or more over the speed limit. Email:info@weilandfirm.com Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Call our Fairfax law office or start an online chat to schedule a free consultation today. The trial itself will be conducted in the same general fashion as your first trial. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. Well outline the basics of each of these penalties below. This field is for validation purposes and should be left unchanged. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. So, what to do? There are reasons why no self-respecting lawyer would do this to his or her client. How is this possible? At most, improper driving will result in a $500 fine and three points on your license. 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 will carefully review the facts of your case in determining how best to reach your goal. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. If you plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. Your Virginia reckless driving defense attorney can help you accomplish this. . These relationships serve as a benefit in navigating the best path forward for clients. 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. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. 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