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In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Even with all this helpful information, sometimes you just need to talk. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Your appeal will be heard de novo in circuit 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. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. . You also cannot appeal if you plead guilty to the reckless driving charge or a reduced charge, because pleading guilty automatically waives your right to appeal. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. 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. Fax: (804) 355-8875 Contact us to see what we can do for you. If you have any questions about the court date you should reach out to the Clerk of the court. Schedule your consultation today and lets talk about what we can do for you! 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. 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." . This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. A common situation where the prosecutor may offer a wet reckless plea is where your blood alcohol level (BAC) was only slightly above the legal limit of .08%. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. 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. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Your Virginia reckless driving defense attorney can help you accomplish this. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). He can arrest you and take you to the police station for booking as a result. However, there are certain guidelines you need to follow. . 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. The outcome of any trial is not certain. 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. Additionally, you may never even need to enter a courtroom. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. 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. 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. 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. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. 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. This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Then the court hears from the officer. How Long Does a Reckless Driving Stay on Record in Virginia? How is this possible? 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. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. 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. I am a Virginia traffic attorney. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. 720 Mall Parkway Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. 3437 W. Cary St. Richmond, VA 23221 Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. Make sure to always attend any court dates relating to your reckless driving charge. If the date is further out, then it is likely your actual trial date. 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. This can be used against you in civil court. 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. You go on to testify that the light had just turned green and you thought that the vehicle in front of you was beginning to accelerate and so you didnt brake. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Pleading a wet and reckless driving charge may only be available for first-time offenders. In Virginia, this is more typically called a no contest plea. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. 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] . Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. 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. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Showing the court evidence of this may also help your case. 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. 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law 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. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. 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. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Reckless driving remains on your Virginia driving record for 11 years. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Virginia Reckless Driving: Out of State Drivers. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. 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. 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. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. A DUI charge stays on your criminal and DMV record. You were driving unsafely, or at an unsafe speed. 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. Andrew wrote the book on DWI. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. However, most first-time offenders can avoid jail by instead performing community service. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. However, you can appeal the outcome of your case and receive a new trial with a different judge. Now its the courts turn. Home; Practice Areas . 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 drivers civil attorney may try to use that plea against you as an admission of guilt. 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. But generally, reckless driving is a misdemeanor. In this circumstance, the nature of your charge is the same, but the procedure in the United States District Court for the Eastern District of Virginia is slightly different. 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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Call Free Consultation (703) 350-4877. 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. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. 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. Reckless driving is a Class 1 misdemeanor in Virginia. Please call today to schedule a free, no-obligation consultation. But of course we cant know for sure until we talk with the officer and any other witnesses. What are the chances of reducing the ticket? Jacob has been our lawyer for 3 years now and he is excellent. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. The 10 day timeline includes weekends and holidays. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. However, you should note that youll never receive a ticket for improper driving.. Email:info@weilandfirm.com Making a good impression on the judge is especially helpful in this regard. FREE Virginia DUI/DWI Arrest Survival Guide! It means that you are not admitting guilt, but you are also not disputing the facts of the charge and therefore, you accept the court's decision even though you're not admitting guilt. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Well, you guys treat people well. 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. life, limb, or property?. 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. 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. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. 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. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. That is why it is so important that you work with a knowledgeable reckless driving attorney. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. You are not pleading guilty by signing the summons. 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. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. If you have any questions during the stop itself, ask the officer who issued you the ticket. Andrew Lindsey; . However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. I wouldnt be in school right now if it wasnt for Jacob and his team. 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.