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] . If charged with a DUI or DWI in Virginia, it may be possible to reach an agreement by pleading a lesser charge of a wet reckless driving. You may be able to enter into a plea agreement to plead guilty to a much less serious offense that does not include the harsh penalties of a reckless driving conviction or that may not result in a criminal record. Hes sorry, he tells you, but he has no choice but to find you guilty. 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. . Hello, Im Andrew Flusche. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Copyright The Reckless Driving Lawyers 2023. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. Reckless Driving is not a traffic infraction, it is a misdemeanor. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. 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. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Yes. Reckless Driving is not a traffic infraction, it is a misdemeanor. How Do I Fight A Reckless Driving Charge in Virginia? Many Virginia jurisdictions no longer permit wet reckless driving pleas. I wouldnt be in school right now if it wasnt for Jacob and his team. Complete the form below to receive a free consultation. Well, you guys treat people well. The judge explains that he listened to you and all other witnesses intently. If I Date Someone Else While Separated, Is it Adultery in Virginia? 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." . Our special report about driving on suspended explains six critical issues to possibly fight in your case. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. 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. Contact us to see what we can do for you. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. 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. Newport News, VA 23606* 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. Failing to do so is a separate crime, which can result in even more penalties. 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. 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. Virginia reckless driving consequences of large fines, jail sentences, increased insurance premiums, and the resulting criminal record remain the same for both local drivers and out of state drivers. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. You must answer the ticket in the same way as in-state offenders. I plead not guilty, your honor, you stammer. Notwithstanding your utter disagreement with the judges ruling, you explain to his or her honor that you have a perfect driving record and this is the first accident youve ever been involved in and youd like the court to consider reducing this to something less serious than reckless driving. Testimonials & Reviews: Our Clients Words. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Showing the court evidence of this may also help your case. In some states, certain acts are automatically considered reckless, such as: Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. 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. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. 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. 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. Speeding is a traffic infraction, and it doesn't carry jail time. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. In Virginia, you have the automatic right to appeal any finding by the general district court. Even if you have already been found guilty of reckless driving, you may be able to appeal. 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. three and six demerit points to your license. 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. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. He has been great for us, the very best. What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Reckless driving is a crime. 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. However, the costs can change based on the details of your case. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. You only have 10 days to file the paperwork with your local Circuit Court. Waterville councilmember pleads guilty to reckless driving and lying to police. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Andrew Lindsey; . 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. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. An officer may arrest you for reckless driving if he or she observes you: No. In return, the court will offer you a plea deal for this much lower offense. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . 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. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. Your appeal will be heard de novo in circuit court. Guilty is a little bit different than no contest. In Virginia, drivers can plead . Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. If the date is further out, then it is likely your actual trial date. Speeding tickets are traffic infractions, not misdemeanors. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. 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. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? This is because most states subscribe to the Interstate Drivers License Compact. . 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. 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. 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. Anyone may represent himself or herself in any criminal case, but it is not generally advised. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. 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. 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. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. By providing the officer on scene with additional details, you increase the chance of self-incrimination. If we can't help, we'll do our best to connect you with someone who can. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. While the judge may appreciate your candor, it is still an admission of guilt. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. Rock and read Annual event encourages reading +4; Mar 2, 2023 . as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. 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. Phone: (757) 260-5996. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. 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. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. 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. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Virginia DUI and DWI; . Initiating the process is quite simple. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. While an officer can arrest you for the offense, they usually do not. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. 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. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Call Free Consultation (703) 350-4877. . And in many Northern Virginia jurisdictions (like Fairfax County), the . In a "wet reckless" you plead guilty to reckless driving with alcohol involved. Your Virginia reckless driving defense attorney can help you accomplish this. Reckless driving is a Class 1 misdemeanor in Virginia. The abusive driver laws in Virginia were recently repealed. 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. ", "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. The Commonwealth of Virginia defines reckless driving in many different ways. After you inform the General District Court clerk that you want to appeal, he will have you complete and sign a Notice of Appeal form. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Virginia laws do not statutorily define wet and reckless driving. 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.. 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. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. After you inform the General District Court clerk that you want to appeal, he will have you complete and sign a Notice of Appeal form. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. Out of state drivers face the same reckless driving penalties as Virginia drivers. License suspension is mandatory for a . Even with all this helpful information, sometimes you just need to talk. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Fax: (804) 355-8875 If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. As with license suspension, the final decision falls to the judge presiding over your case. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. 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. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. If convicted, youll usually receive a relatively large fine. This field is for validation purposes and should be left unchanged. Also, under most circumstances, speeding carries a maximum penalty of $250. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Phone: (757) 387-1000, Hampton We go above and beyond in order to provide our clients with the best possible representation. Can I Appeal My Virginia Reckless Driving Charge? Avoiding jail time. Instead, the maximum penalty for speeding is usually only a $250 fine. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Fines: Class 1 misdemeanors carry a fine of up to $2,500. However, you should note that youll never receive a ticket for improper driving.. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. Saying NO to Breath Test COULD Incriminate You, YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LmtzWkluSGtoSjlr, Fighting No Insurance Tickets in Virginia, Talk to a Virginia Traffic Attorney BEFORE Going to Court. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. The 10 day timeline includes weekends and holidays. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Virginia Reckless Driving: Out of State Drivers. 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. 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. 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. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. 11815 Fountain Way, Suite 300 They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. You could be sentenced to jail if you are convicted of reckless driving. GET DIRECTIONS. 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. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Am I pleading guilty if I sign a reckless driving ticket? This field is for validation purposes and should be left unchanged. Were a Richmond, Virginia law firm with clients from around the world. The DMV will also apply between three and six demerit points to your license. 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. 468 Investors Pl, Suite 202A The hearing is where you will bring to light all the information presented in the police report. However, a wet reckless charge does not. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. Virginia Traffic Court: Should I plead No Contest or Guilty? Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. life, limb, or property?. 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. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. Hampton, VA 23663 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. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency.