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Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Many Virginia jurisdictions no longer permit wet reckless driving pleas. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. The next thing he remembers, he informs the court, is that his vehicle was rammed from behind and he had to be transported to the hospital because his neck was in pain. The higher your speed, the more likely jail time becomes. However, you should note that youll never receive a ticket for improper driving.. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. life, limb, or property?. Second, discuss with your attorney whether you should take a driver education or driver improvement course. 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. 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. How to Get Reckless Driving Dismissed | Legal Beagle You are not pleading guilty by signing the summons. 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. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. However, there are certain guidelines you need to follow. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. 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. 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. In some states, certain acts are automatically considered reckless, such as: 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. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? We go above and beyond in order to provide our clients with the best possible representation. 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. What Happens if You Get a Speeding Ticket in Virginia? Pleading a wet and reckless driving charge may only be available for first-time offenders. 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. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. Virginia courts penalize reckless driving as aClass 1 misdemeanor. You were driving on the day of the offense. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. But generally, reckless driving is a misdemeanor. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. 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. I work with all clients to understand their desired result. 46.2-868. Reckless driving; penalties - Virginia We respond to all communications within one business day. 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. The judge then listens to the evidence. 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. Am I pleading guilty if I sign a reckless driving ticket? Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. The final plea that would normally be entered is guilty. Plea Bargains in Virginia Reckless Driving Cases | Charles V It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. Our special report about driving on suspended explains six critical issues to possibly fight in your case. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm By signing the summons, you are promising to attend your court hearing in your criminal case. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. . 2023 Simms Showers, LLP. Jayson Werth of Washington Nationals pleads guilty to reckless driving Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. 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. When you plead guilty, you are agreeing to a criminal recordfor life. 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. This can help show the judge that youre taking steps to fix the problem. Newport News, VA 23606* How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Waterville councilmember pleads guilty to reckless driving and lying to In a "wet reckless" you plead guilty to reckless driving with alcohol involved. We provide free consultations for cases in our area. Schedule your consultation today and lets talk about what we can do for you! 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. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. 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. What Do You Need to Know about Wet Reckless in Virginia? 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). One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Andrew Lindsey; . Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. 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. A plea of no contest, on the other hand, contains no admission. 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. 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. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. ", "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. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Please call today to schedule a free, no-obligation consultation. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. What is a standard custody agreement in Virginia? In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. These penalties are commonly referred to as collateral consequences. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. However, the costs can change based on the details of your case. 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. The judge explains that he listened to you and all other witnesses intently. 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. 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 you have any questions, please contact our firm at (804) 355-8037. 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. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. 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. You can protect your future by talking with an experienced Virginia criminal defense lawyer before pleading guilty or accepting a plea offered by the prosecutor. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. In a case where just the judge is involved, in a lot of those cases where the evidence is in order, I would probably advise my client to plead no contest. 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. Even if you live in another state, you might have to show up in the Virginia court listed on your ticket on your assigned day. And in most states, this is not admissible in civil proceedings. In Virginia, this is more typically called a no contest plea. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. If you are found guilty or plead guilty, you will have a criminal conviction on your record. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. 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. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. 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. Speaking to an attorney allows you to explore your specific circumstances surrounding your charge including but not limited to possible defenses, weaknesses in your case, reduced punishments, and even a reduced charge given your criminal and driving history. 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. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. We understand that returning to the state may be difficult and require significant time and expense. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. We would want to make them have to do their job and prove it, and maybe they cant prove it. Because if they cant prove an element, or if there is a question of whether or not they can maybe one is a little sketchy on their end- then we would definitely want to plead not guilty. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. 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." . What are the Consequences of a Reckless Driving Conviction? 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. Reckless driving means driving a car while willingly disregarding the safety of property and people. EVER. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. Is Now the Time to Request Your Virginia Driving Record? the same criminal penalties as reckless driving. You explain to the court that you were not distracted when you hit the other vehicle. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. However, you should still speak with an attorney to double check this information. Can I plead not guilty to a careless driving charge? Well outline the basics of each of these penalties below. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Am I pleading guilty if I sign a reckless driving ticket? Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. 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. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. 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. Avoiding jail time. 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. Mar 2, 2023 Education. But of course we cant know for sure until we talk with the officer and any other witnesses. If youre charged with reckless driving, consult a lawyer immediately. However, the law was repealed a year later, and this is no longer a potential consequence. As with license suspension, the final decision falls to the judge presiding over your case. 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. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. 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. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. 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. While an officer can arrest you for the offense, they usually do not. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Failing to do so is a separate crime, which can result in even more penalties. Yes. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. What are the chances of reducing the ticket? The other choice of plea would be no contest. That is why it is so important that you work with a knowledgeable reckless driving attorney. There are reasons why no self-respecting lawyer would do this to his or her client. How Much Does a Virginia Reckless Driving Lawyer Cost? Were you or a family member charged with reckless driving in Virginia? Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. 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. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Newport News, VA 23693 First, look at the charges or law section part of the ticket. Your appeal will be heard de novo in circuit court. You could also ask your attorney if youve already hired one. He can arrest you and take you to the police station for booking as a result. 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. Reckless Driving in Virginia: The Ultimate Guide - Tingen Law, PLLC This is unbelievable, you think to yourself. Avoiding DUI Penalties With a "Wet Reckless" Charge Do you know how hard it is to find a lawyer that you can trust? Georgia's Reckless Driving Laws and Penalties 29 S Mallory St, Suite 206 The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. That could involve pleading to a "wet reckless.". Andrew wrote the book on DWI. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. 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. Second, you should look into taking driver improvement courses prior to your trial. What Is The Virginia Difference Between Misdemeanor & Felony DUI? Reckless Driving in Virginia: What You Need To Know Make sure to always attend any court dates relating to your reckless driving charge. While an officer can arrest you for the offense, they usually do not. 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. Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. 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. In many cases, I can handle your case through discussions over the phone and email. 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. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. 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. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC How Do I Fight A Reckless Driving Charge in Virginia? These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Reckless driving; general rule. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge.