Speeding is a traffic infraction, and it doesn't carry jail time. 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. Also, under most circumstances, speeding carries a maximum penalty of $250. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. If you have any questions, please contact our firm at (804) 355-8037. 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. 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. The trial itself will be conducted in the same general fashion as your first trial. Often, a conviction also affects government security clearances and contract eligibility for military or law enforcement personnel, and must be disclosed when applying for U.S. citizenship. Virginia laws do not statutorily define wet and reckless driving. This is an informal hearing commonly known as arraignment. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. . Andrew wrote the book on reckless driving. As the saying goes, anything you say can and will be used against you in a court of law. 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. Now its the courts turn. 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. 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. "Mr. Wilson is unbelievably knowledgeable and professional. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. In most cases, you can resolve them by simply paying the associated fine online. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. I will carefully review the facts of your case in determining how best to reach your goal. Depending on your state, either the judge or a jury will make a final decision. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. What are the chances of reducing the ticket? So, what to do? Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. I am happy to work with you based on your convenience. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. 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." . 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. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Initiating the process is quite simple. 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. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. An officer may arrest you for reckless driving if he or she observes you: No. 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. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? He has been great for us, the very best. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. . Reckless driving is a class 1 misdemeanor. 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. Second, discuss with your attorney whether you should take a driver education or driver improvement course. 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. Making a good impression on the judge is especially helpful in this regard. . Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. 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 . All rights reserved. EVER. 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. Were a Richmond, Virginia law firm with clients from around the world. 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. 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. Possibly. 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. Virginia Beach, VA 23452* It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. The DMV will also apply between three and six demerit points to your license. When you make a mistake and you cut your arm, please call a doctor. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. 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. The Commonwealth of Virginia defines reckless driving in many different ways. You could be sentenced to jail if you are convicted of reckless driving. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. You were driving on the day of the offense. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. 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. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. This can help show the judge that youre taking steps to fix the problem. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. 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. 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. However, most first-time offenders can avoid jail by instead performing community service. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. One very common example of charge bargaining in Virginia relates to reckless driving. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. 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. 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. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Signing the summons is a good strategy to avoid these negative consequences. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. This can be used against you in civil court. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Reckless driving; general rule. In Virginia, this is more typically called a no contest plea. 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. These shops should be able to provide you with a calibration sheet that can be used in Court. Our special report about driving on suspended explains six critical issues to possibly fight in your case. As with license suspension, the final decision falls to the judge presiding over your case. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Reckless Driving by Vehicle not Under Control, Driving a vehicle with improperly adjusted or faulty brakes, Driving an overloaded vehicle that obstructs view or controls, Driving next to another vehicle on a one lane roadway, Driving too fast for highway and traffic conditions (regardless of the posted speed limit), Speeding over 20 mph in excess of the speed limit, or driving faster than 80 mph regardless of the posted speed limit, Endangering a person or property on driveways or parking lots open to the public, Up to 6 months suspension of driving privileges, Acting under the instruction of a traffic enforcement officer or directing officer, Roadway markings clearly indicate permission to pass, Highways had the appropriate number of lanes to permit the act, Your vehicles speedometer was not calibrated properly, or the radar/Lidar device was not calibrated properly, You passed only a motorcycle, moped, or bicycle, Racing was on private property or with permission from the landowner, A clean driving record and character references, School bus was stopped for a reason other than loading or unloading, You were unaware of your vehicles defects and had them repaired soon thereafter, Failing to follow traffic signals or signs. He can arrest you and take you to the police station for booking as a result. However, the most common reason for a reckless driving charge is speed. 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 because most states subscribe to the Interstate Drivers License Compact. 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. He hears from the driver of the other vehicle. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Instead, you are asked to sign the summons, which is a promise to appear in court. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. However, the costs can change based on the details of your case. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. The final plea that would normally be entered is guilty. I plead not guilty, your honor, you stammer. Though subsequent sections of the Code of Virginia outline actions that specifically constitute reckless driving, the determination as to whether to cite you for driving recklessly ultimately lies with the police officer who stops you. If a death occurs as a result of racing, you will be charged with a class 6 felony. What Is The Virginia Difference Between Misdemeanor & Felony DUI? This field is for validation purposes and should be left unchanged. The Notice of Appeal form will list a date you must appear in Circuit Court to either have a second trial or pick a new trial date. If you get stopped and you get charged with a crime, call a lawyer! ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. life, limb, or property?. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. . By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. 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. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission.
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