Confidential or time-sensitive information should not be sent through this form. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. When you plead guilty, you are agreeing to a criminal recordfor life. First, look at the charges or law section part of the ticket. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. 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. If you have any questions, please contact our firm at (804) 355-8037. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. You were driving on the day of the offense. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. 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. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. One very common example of charge bargaining in Virginia relates to reckless driving. I work with all clients to understand their desired result. How do I plead? you think to yourself. Pleading a wet and reckless driving charge may only be available for first-time offenders. However, there are certain guidelines you need to follow. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. While an officer can arrest you for the offense, they usually do not. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. 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. . . 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 is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. What are the Consequences of a Reckless Driving Conviction? Pleading a wet and reckless driving charge may only be available for first-time offenders. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. 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. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. 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. 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. No. Cody Adam Preugschat, 34, pleaded guilty Thursday in Douglas County Superior Court to reckless driving and making a false or misleading statement to a police officer. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Pleading to less serious charges. Do you know how hard it is to find a lawyer that you can trust? All Rights Reserved. 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. I plead not guilty, your honor, you stammer. Therefore, even if you do not get jail or a large fine, you will still end up with a criminal record, which can affect many areas of your life including immigration status, security clearance, and background checks for employment. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. This is an informal hearing commonly known as arraignment. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Speeding tickets are traffic infractions, not misdemeanors. When you plead guilty, you are agreeing to a criminal recordfor life. The other driver indicates to the court that while he is waiting patiently at the red light on a nice slow and easy day, he saw you careening toward his vehicle from his rearview mirror and it appeared that you were distracted by your radio. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Complete the form below to receive a free consultation. 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. However, you can appeal the outcome of your case and receive a new trial with a different judge. Second, discuss with your attorney whether you should take a driver education or driver improvement course. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Instead, you are asked to sign the summons, which is a promise to appear in court. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. There are several ways to avoid reckless driving charges in Virginia. This is especially true for repeat offenders. 468 Investors Pl, Suite 202A To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. Now its the courts turn. 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. The Virginia Appeals Process. Anyone may represent himself or herself in any criminal case, but it is not generally advised. This can be used against you in civil court. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. 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. 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. 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. your lawyer may argue for one of two options. You explain to the court that you were not distracted when you hit the other vehicle. Some judges, for example, will not dismiss or reduce a reckless driving charge to a lesser offense against a defendant who pleads not guilty and then asks the court for leniency after the judge finds that the facts established at trial support a conviction. Guilty is a little bit different than no contest. You can also ask for a jury trial, but you may have to pay the costs for it. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. He hears from the driver of the other vehicle. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. 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. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. 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. However, the law was repealed a year later, and this is no longer a potential consequence. If I Date Someone Else While Separated, Is it Adultery in Virginia? The other choice of plea would be no contest. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. We provide transparent flat fees and flexible payment plans in most cases. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. 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. To drive recklessly in Virginia is to have a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property. Powers v. Commonwealth, 211 Va. 386, 388 (1970). Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. An officer may arrest you for reckless driving if he or she observes you: No. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Rock and read Annual event encourages reading +4; Mar 2, 2023 Testimonials & Reviews: Our Clients Words. 720 Mall Parkway Its judgment time. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Phone: (757) 317-1000, Newport News Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. 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. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Well outline the basics of each of these penalties below. Reckless driving is a class 1 misdemeanor. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. 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. 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. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. 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. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. But generally, reckless driving is a misdemeanor. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. In general, you should expect to pay around $8,000 for a first offense DUI 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. It will tell you the date, time, and location of your hearing. If you are found guilty or plead guilty, you will have a criminal conviction on your record. 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. 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. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. 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. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Newport News, VA 23606* Fax: (804) 355-8875 And in many Northern Virginia jurisdictions (like Fairfax County), the . 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. Yes. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. The outcome of any trial is not certain. However, the easiest is to simply avoid driving over 80 miles per hour. 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. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. By hiring an attorney experienced in Virginia reckless driving law, they can petition the court to appear on your behalf and you may not have to be present. These shops should be able to provide you with a calibration sheet that can be used in Court. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. What Kind of Evidence Can Help in My Reckless Driving Case? 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. You also cannot appeal if you plead guilty to the reckless driving charge or a reduced charge, because pleading guilty automatically waives your right to appeal. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. If you have any questions during the stop itself, ask the officer who issued you the ticket. GET DIRECTIONS. It is only a promise that you will be in court. 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. If you qualify for a court-appointed attorney, the judge will also let you know on this day. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Mr. Wilson is a true professional. Phone: (757) 260-5996. The Commonwealth of Virginia defines reckless driving in many different ways. 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. 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. Reckless driving remains on your Virginia driving record for 11 years. 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. 3437 W. Cary St. Richmond, VA 23221 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. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. It happens to the best of us. When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. 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. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. This field is for validation purposes and should be left unchanged. Motorists who cause severe injuries to another person while . 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. An attorney familiar with Virginias reckless driving laws can suggest defenses that may work for your circumstances such as obtaining a speedometer calibration, presenting evidence of a medical emergency, or completing community service to demonstrate remorse for your actions. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Am I pleading guilty if I sign a reckless driving ticket? While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Making a good impression on the judge is especially helpful in this regard. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. 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. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Additional penalties for failing to appear may also apply. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. These points will normally remain on your license for two years. 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. Contactme today to discuss your cases facts to determine the best option for you! If convicted, youll usually receive a relatively large fine. 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. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense.
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