If you have any questions during the stop itself, ask the officer who issued you the ticket. Virginia is notoriously harsh in its treatment of driving crimes. However, you should note that youll never receive a ticket for improper driving.. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Jayson Werth of Washington Nationals pleads guilty to reckless driving The 10 day timeline includes weekends and holidays. However, the law was repealed a year later, and this is no longer a potential consequence. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. These points will normally remain on your license for two years. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. Alvin Kamara, Chris Lammons plead not guilty to battery charges So, what to do? Fill out the form below and well be in touch within 1 business day! But generally, reckless driving is a misdemeanor. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. We provide free consultations for cases in our area. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. 29 S Mallory St, Suite 206 What Happens to My Health Insurance Benefits During Divorce in Virginia? Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. The outcome of any trial is not certain. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. Well, you guys treat people well. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Phone: (757) 317-1000, Newport News 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law 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. Phone: (757) 387-1000, Hampton Am I pleading guilty if I sign a reckless driving ticket? 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. This could have a negative impact on future prospects, including employment. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. If I Date Someone Else While Separated, Is it Adultery in Virginia? While the judge may appreciate your candor, it is still an admission of guilt. However, most first-time offenders can avoid jail by instead performing community service. 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. You always look for a way to help your clients. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 Also, under most circumstances, speeding carries a maximum penalty of $250. Reckless driving, unsafe passing . Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. If the date is further out, then it is likely your actual trial date. However, Virginia will report the offense and any imposed suspension or points to your home state. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 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. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. the same criminal penalties as reckless driving. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Showing the court evidence of this may also help your case. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. We respond to all communications within one business day. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. 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. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. 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. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. "Mr. Wilson is unbelievably knowledgeable and professional. In Virginia, drivers can plead . This field is for validation purposes and should be left unchanged. Can I Appeal My Virginia Reckless Driving Charge? If you qualify for a court-appointed attorney, the judge will also let you know on this day. The problem is that question depends upon all the facts and circumstances of your case. The other choice of plea would be no contest. Instead, you are asked to sign the summons, which is a promise to appear in court. It's vital that you make the scheduled court appearance, since failing to appear is a misdemeanor that could result in additional jail time on top of your reckless driving conviction. Utah's Reckless and Driving Laws and Penalties 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. In many cases, I can handle your case through discussions over the phone and email. However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. Reckless driving sentence - Virginia - Keefer Law Firm One question I get from prospective clients, that is a little bit frustrating, is How should I plead? 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. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. The 10 day timeline includes weekends and holidays. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. 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. 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. Home; Practice Areas . 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. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. This means that it carries the same criminal penalties as reckless driving. Youre left stunned. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. How Much Does a Virginia Reckless Driving Lawyer Cost? 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. What Happens if You Get a Speeding Ticket in Virginia? Email:info@weilandfirm.com Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Speeding is a traffic infraction, and it doesn't carry jail time. You understand that if you fail to attend your court hearing, you could be arrested. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. What Do You Need to Know about Wet Reckless in Virginia? If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. Virginia Traffic Court: Should I plead No Contest or Guilty? Phone: (757) 656-1000, Virginia Beach I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. An attorney experienced with VA reckless driving defense can help you prevent that outcome. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Seek competent legal counsel for advice on any legal matter. A lawyer can question any witnesses and make arguments on your behalf. 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. 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. When you plead guilty, you are agreeing to a criminal recordfor life. What gives me the shivers and a cold sweat is seeing a pro se defendant (no lawyer) walk up to the front of the room and plead guilty to Reckless Driving, a Class 1 Misdemeanor, without a fight. To explore your options, contact the firm at 908-643-6801 or via email to . At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. When you make a mistake and you cut your arm, please call a doctor. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. What guilty says is yes, I did what I am accused of. There is a difference between saying that the Commonwealth has the evidence to prove what theyre claiming, versus yes, I did what Im accused of. Thats the way I like to think about no contest versus guilty, and most of the time, I wouldnt plead a client guilty unless as pursuant to a plea agreement with the Commonwealth and theyre reducing the charge or giving us a really good outcome that we might not get from the judge. This is an informal hearing commonly known as arraignment. 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. Failing to do so is a separate crime, which can result in even more penalties. three and six demerit points to your license. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. A person can be charged with reckless driving if he is driving 20 miles per hour over . 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. He hears from the driver of the other vehicle. 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. VA Code 46.2-862. Fines: Class 1 misdemeanors carry a fine of up to $2,500. What are the chances of reducing the ticket? And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. If you get stopped and you get charged with a crime, call a lawyer! Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. 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. 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. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. In a case where just the judge is involved, in a lot of those cases where the evidence is in order, I would probably advise my client to plead no contest. I am happy to work with you based on your convenience. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. I work with all clients to understand their desired result. 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. This is especially true for repeat offenders. The officer testifies that he did not see any tire marks to indicate braking, which led him to believe that you were distracted and did not brake before impacting the other vehicle. Make sure to always attend any court dates relating to your reckless driving charge. 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. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Virginia DUI and DWI; . 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. What are the Consequences of a Reckless Driving Conviction? Home; About. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. serves clients in Hampton Roads VA both in the Peninsula and the Southside including Seaford, Poquoson, Lightfoot, Hampton, Newport News, Yorktown, Fort Eustis, Lackey, Gloucester Point, Achilles, Maryus, Williamsburg, Bayside, Portsmouth, Norfolk, Chesapeake, Suffolk, Virginia Beach, Smithfield and beyond. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. How Do I Fight A Reckless Driving Charge in Virginia? The Virginia Code defines a number of actions as reckless driving. Is Now the Time to Request Your Virginia Driving Record? Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Phone: (757) 260-5996. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. 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. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. However, people charged with reckless driving where alcohol or drugs are involved may plead to a wet reckless driving charge to reduce a DUI convictions devastating impact. 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. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. FREE Virginia DUI/DWI Arrest Survival Guide! The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. If you have any questions, please contact our firm at (804) 355-8037. 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. This is because most states subscribe to the Interstate Drivers License Compact. There are two ways to commit reckless driving: you can either. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. 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. If youre charged with reckless driving, consult a lawyer immediately. Jacob is the Managing Partner of Tingen Law. You can also ask for a jury trial, but you may have to pay the costs for it. Neck injury? Reckless Driving? You are beside yourself! One is to get your speedometer calibrated at a Virginia auto shop. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. While an officer can arrest you for the offense, they usually do not. However, a wet reckless charge does not. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Plea Bargains in Virginia Reckless Driving Cases | Charles V Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. A Quick Guide to Virginias Hit and Run Laws. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. 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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Jacob has been our lawyer for 3 years now and he is excellent. Virginia Traffic Tickets | I Drive Safely In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Testimonials & Reviews: Our Clients Words. Reckless driving is a Class 1 misdemeanor in Virginia. License suspension is mandatory for a . No. You were driving on the day of the offense. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . 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 means that, in the eyes of the court, reckless driving is as serious of an offense as assault, impersonating a police officer, and certain forms of arson. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. What are the Advantages of Taking a Plea Deal in Virginia? 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. 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. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Hello, Im Andrew Flusche. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. Reckless driving remains on your Virginia driving record for 11 years. Second, discuss with your attorney whether you should take a driver education or driver improvement course. 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. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm The first and most important question you should ask is whether your ticket is for speeding or reckless driving. 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. If we can't help, we'll do our best to connect you with someone who can. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. You cannot simply mail in the ticket. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. 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 accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. However, a reckless driving ticket isnt the end of the world. In Virginia, reckless driving is a class 1 criminal misdemeanor. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. In a case where just the judge is involved, in a lot of those cases where the evidence is in order, I would probably advise my client to plead no contest.