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. 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. 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. Hampton, VA 23663 The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. If youre charged with reckless driving, consult a lawyer immediately. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. Phone: (757) 260-5996. 41-6a-528 Reckless driving -- Penalty. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. 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. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. What Is The Virginia Difference Between Misdemeanor & Felony DUI? The outcome of any trial is not certain. These shops should be able to provide you with a calibration sheet that can be used in Court. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . 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. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. Speeding tickets are traffic infractions, not misdemeanors. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. These penalties are commonly referred to as collateral consequences. 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. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. The 10 day timeline includes weekends and holidays. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. 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. In Virginia, this is more typically called a no contest plea. 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. This video explains a little about the different plea options and how we decide together what you should plead. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Virginia is notoriously harsh in its treatment of driving crimes. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. 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. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. The Commonwealth of Virginia defines reckless driving in many different ways. . The higher your speed, the more likely jail time becomes. 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. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. . It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. In some states, certain acts are automatically considered reckless, such as: Instead, you are asked to sign the summons, which is a promise to appear in court. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. Showing the court evidence of this may also help your case. 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. However, the law was repealed a year later, and this is no longer a potential consequence. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. 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. Make sure to attend both your first appearance (if applicable) and your trial date. 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. You cannot mail in the ticket before court in Virginia because the judge has discretion in deciding your penalty depending on the facts and circumstances of your crime. 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. However, the most common reason for a reckless driving charge is speed. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. 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. Phone: (757) 656-1000, Virginia Beach Its jam-packed full of answers for your case. It will tell you the date, time, and location of your hearing. However, there are certain guidelines you need to follow. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. But generally, reckless driving is a misdemeanor. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. Were you or a family member charged with reckless driving in Virginia? . 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. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. Yes. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Visit our site today for more information. 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 you have any questions during the stop itself, ask the officer who issued you the ticket. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. 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. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. 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. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Complete the form below to receive a free consultation. Hello, Im Andrew Flusche. 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). Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. 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. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. 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. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Youre left stunned. Seek competent legal counsel for advice on any legal matter. How Do I Fight A Reckless Driving Charge in Virginia? 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. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. 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.. 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." . 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. The trial itself will be conducted in the same general fashion as your first trial. 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. If you have any questions about the court date you should reach out to the Clerk of the court. Holcomb Law, P.C. 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. Making a good impression on the judge is especially helpful in this regard. You cannot simply mail in the ticket. 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. When you make a mistake and you cut your arm, please call a doctor. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. At most, improper driving will result in a $500 fine and three points on your license. There are several ways to avoid reckless driving charges in Virginia. 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. You always look for a way to help your clients. This can help show the judge that youre taking steps to fix the problem. He can arrest you and take you to the police station for booking as a result. 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. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 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. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 11815 Fountain Way, Suite 300 Your appeal will be heard de novo in circuit court. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. Contactme today to discuss your cases facts to determine the best option for you! 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. As the saying goes, anything you say can and will be used against you in a court of law. 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. When you plead guilty, you are agreeing to a criminal recordfor life. A plea of no contest, on the other hand, contains no admission. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. 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. However, the costs can change based on the details of your case. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Well outline the basics of each of these penalties below. 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. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. 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. Fill out the form below and well be in touch within 1 business day! The judge then listens to the evidence. Andrew wrote the book on reckless driving. . This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Virginia laws do not statutorily define wet and reckless driving. Mr. Wilson is a true professional. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. First, depending on your district, you should commit to performing community service before your trial date. 2023 Simms Showers, LLP. And in most states, this is not admissible in civil proceedings. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. 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. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. 6 Reasons a Lawyer Should Fight Your Ticket. 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. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. I work with all clients to understand their desired result. Home; Practice Areas . Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Your Virginia reckless driving defense attorney can help you accomplish this. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. . It typically has the same effect as a guilty plea. 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. 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. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Andrew Lindsey; . However, you should note that youll never receive a ticket for improper driving.. However, a reckless driving ticket isnt the end of the world. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Reckless driving, unsafe passing . 720 Mall Parkway 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. This field is for validation purposes and should be left unchanged. In many cases, I can handle your case through discussions over the phone and email. This is unbelievable, you think to yourself. He hears from the driver of the other vehicle. The penalties aren't as severe as in a DUI in Virginia. 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. If you qualify for a court-appointed attorney, the judge will also let you know on this day. 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. That is why it is so important that you work with a knowledgeable reckless driving attorney. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. ", "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. 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. And in many Northern Virginia jurisdictions (like Fairfax County), the . Well, in part its because you didnt consult with an attorney who has a very clear understanding of Virginia traffic law, the courts policies and the facts at hand. This can be used against you in civil court. Second, discuss with your attorney whether you should take a driver education or driver improvement course. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. While the judge may appreciate your candor, it is still an admission of guilt. Reckless driving means driving a car while willingly disregarding the safety of property and people. Please call today to schedule a free, no-obligation consultation. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. 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.