Reckless Driving is not a traffic infraction, it is a misdemeanor. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. 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. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Confidential or time-sensitive information should not be sent through this form. As you can no doubt see, it this is not a decision to be made lightly. Am I pleading guilty if I sign a reckless driving ticket? What Happens if You Get a Speeding Ticket in Virginia? life, limb, or property?. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. 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.. 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. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Pleading to less serious charges. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. This means that it carries the same criminal penalties as reckless driving. The judge then listens to the evidence. In Virginia, reckless driving is a class 1 criminal misdemeanor. Reckless Driving Laws by State - FindLaw A person can be charged with reckless driving if he is driving 20 miles per hour over . However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. 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. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Speeding is a traffic infraction, and it doesn't carry jail time. 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. You could be sentenced to jail if you are convicted of reckless driving. Failing to do so is a separate crime, which can result in even more penalties. . In Virginia, you have the automatic right to appeal any finding by the general district court. 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. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. If your speedometer was off in your favor this could be used to mount your defense. Reckless Driving is a pretty serious charge. Newport News, VA 23606* In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. This was a minor accident. And finally its your turn to testify. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Call our Fairfax law office or start an online chat to schedule a free consultation today. Alvin Kamara, Chris Lammons plead not guilty to battery charges 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. 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Fax: (804) 355-8875 Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. An attorney experienced with VA reckless driving defense can help you prevent that outcome. . However, the law was repealed a year later, and this is no longer a potential consequence. Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. 2023 Simms Showers, LLP. . 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. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. No. Reckless driving is a class B misdemeanor in Utah. What Happens if You Get a Speeding Ticket in Virginia? Initiating the process is quite simple. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? The first and most important question you should ask is whether your ticket is for speeding or reckless driving. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. 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. Reckless driving remains on your Virginia driving record for 11 years. 2023 Charles V. Hardenbergh, PC, All Rights Reserved, Reproduced with Permission, DUI/DWI Arrest Survival Guide The Guilt Myth, The Secret Truth about how to win a Virginia Expungement Case, Virginia Reckless Driving Sentence Estimator, 5 Mistakes to Avoid When Preparing for Court, Why You Shouldnt Pay Your Reckless Driving Ticket. As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding. Jacob has been our lawyer for 3 years now and he is excellent. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Holcomb Law, P.C. Virginia Reckless Driving: Out of State Drivers. Reckless driving sentence - Virginia - Keefer Law Firm One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Were a Richmond, Virginia law firm with clients from around the world. 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. 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. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. 41-6a-528 Reckless driving -- Penalty. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. What Is The Virginia Difference Between Misdemeanor & Felony DUI? What is a standard custody agreement in Virginia? You cannot simply mail in the ticket. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. 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. You can also ask for a jury trial, but you may have to pay the costs for it. Youre left stunned. Jacob is the Managing Partner of Tingen Law. You could also ask your attorney if youve already hired one. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. 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. No. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. 29 S Mallory St, Suite 206 However, Virginia will report the offense and any imposed suspension or points to your home state. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. You were driving on the day of the offense. Under Virginia law, if the driver of that other vehicle decides to sue you for money as a result of the accident and you entered a guilty or no contest plea to the Reckless Driving charge, the other driver's civil attorney may try to use that plea against you as an admission of guilt. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Reckless Driving is not a traffic infraction, it is a misdemeanor. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. Home; Practice Areas . 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. 3437 W. Cary St. Richmond, VA 23221 If I Date Someone Else While Separated, Is it Adultery in Virginia? Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. 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 because most states subscribe to the Interstate Drivers License Compact. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. 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. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. 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 However, a wet reckless charge does not. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Waterville councilmember pleads guilty to reckless driving and lying to If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. 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. . Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. 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. Second, discuss with your attorney whether you should take a driver education or driver improvement course. I am happy to work with you based on your convenience. . One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. Virginia courts penalize reckless driving as aClass 1 misdemeanor. 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. Avoiding jail time. How Should I Plead In My Traffic Case? - Andrew Flusche 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 explain to the court that you were not distracted when you hit the other vehicle. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Utah's Reckless and Driving Laws and Penalties Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. You are not pleading guilty to reckless driving by signing the summons. Well outline the basics of each of these penalties below. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket.

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