However, there are certain guidelines you need to follow. 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. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. However, a reckless driving ticket isnt the end of the world. 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. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Am I pleading guilty if I sign a reckless driving ticket? Can I plead not guilty to a careless driving charge? Basically, you want to show the court that youve made efforts to correct your behavior, and that there is a low risk of a repeat offense. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. . Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. 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. Reckless driving is defined by the Code of Virginia, and though it deals with traffic infractions, it is a criminal offense rather than a moving violation. When you plead guilty, you are agreeing to a criminal recordfor life. Call our Fairfax law office or start an online chat to schedule a free consultation today. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Copyright The Reckless Driving Lawyers 2023. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. . The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. If youre charged with reckless driving, consult a lawyer immediately. 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. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. In Virginia, reckless driving is a class 1 criminal misdemeanor. When you make a mistake and you cut your arm, please call a doctor. Now its the courts turn. However, you should still speak with an attorney to double check this information. Irrespective of the maximum speeds permitted by law, any person who drives a 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 shall be guilty of reckless driving., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . While not a valid defense on its own, taking actions to fix the problem will also help your case in court. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. The 10 day timeline includes weekends and holidays. 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. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. Reckless driving, unsafe passing . But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. Yes. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. You could also ask your attorney if youve already hired one. That means that it will be a complete do-over and the judge will hear the case as if it were not brought before any previous court. Pleading a wet and reckless driving charge may only be available for first-time offenders. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. However, the most common reason for a reckless driving charge is speed. Newport News, VA 23606* Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. No. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. Newport News, VA 23693 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. It happens to the best of us. An officer may arrest you for reckless driving if he or she observes you: No. 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. Instead, you are asked to sign the summons, which is a promise to appear in court. Reckless Driving in Virginia: What You Need To Know Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. These penalties are commonly referred to as collateral consequences. Hes sorry, he tells you, but he has no choice but to find you guilty. In return, the court will offer you a plea deal for this much lower offense. 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." . Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. You are not pleading guilty by signing the summons. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. However, you can appeal the outcome of your case and receive a new trial with a different judge. Indeed, pleading not guilty or no contest before such a judge could prove to be a very costly mistake, especially to a person concerned about the affect the reckless driving conviction could have on their driving record, auto insurance rates, employment, or driving privileges. 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. 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Reckless driving is a class B misdemeanor in Utah. If you have any questions, please contact our firm at (804) 355-8037. 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. Utah's Reckless and Driving Laws and Penalties Do you know how hard it is to find a lawyer that you can trust? You were driving on the day of the offense. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Also, under most circumstances, speeding carries a maximum penalty of $250. In Virginia, you have the automatic right to appeal any finding by the general district court. One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. 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. 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. Virginia laws do not statutorily define wet and reckless driving. Being proactive in your defense can go a long way, especially in cases of reckless by speed. I am happy to work with you based on your convenience. These points will normally remain on your license for two years. But generally, reckless driving is a misdemeanor. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. Contactme today to discuss your cases facts to determine the best option for you! I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. We respond to all communications within one business day. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. The DMV will also apply between three and six demerit points to your license. 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. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. Phone:(804) 355-8037 However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Remember, failing to show up to your court date can lead to additional charges. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Signing the summons is a good strategy to avoid these negative consequences. In many cases, I can handle your case through discussions over the phone and email. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. 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. As with license suspension, the final decision falls to the judge presiding over your case. Speeding tickets are traffic infractions, not misdemeanors. I had this video transcribed for visitors who prefer to read the content. 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. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. I will carefully review the facts of your case in determining how best to reach your goal. The judge then listens to the evidence. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. This lets you avoid criminal charges altogether in exchange for a much lower punishment, such as a small fine, community service, and/or mandatory driving classes. Make sure to attend both your first appearance (if applicable) and your trial date. Can I Appeal My Virginia Reckless Driving Charge? Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. However, you should note that youll never receive a ticket for improper driving.. Fines: Class 1 misdemeanors carry a fine of up to $2,500. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. 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. Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. However, the costs can change based on the details of your case. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Our office handles reckless driving cases across Northern Virginia state courts (Alexandria, Fairfax, Arlington, Prince William) and the Eastern District of Virginia federal district court. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. The problem is that question depends upon all the facts and circumstances of your case. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. Hello, Im Andrew Flusche. three and six demerit points to your license. Finally, your attorney can look into a possible amendment to Improper Driving. . A Quick Guide to Virginias Hit and Run Laws. Instead, the maximum penalty for speeding is usually only a $250 fine. 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 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. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. . There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. The outcome of any trial is not certain. Am I pleading guilty if I sign a reckless driving ticket? One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. Reckless Driving is a pretty serious charge.
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