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). Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Fill out the form below and well be in touch within 1 business day! You can also ask for a jury trial, but you may have to pay the costs for it. 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. Your case gets called and the judge asks you how you plead. That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. Confidential or time-sensitive information should not be sent through this form. 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. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you to remain free until your case is decided. Fines: Class 1 misdemeanors carry a fine of up to $2,500. I had this video transcribed for visitors who prefer to read the content. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. Reckless Driving in Virginia. 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. Additionally, you may never even need to enter a courtroom. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 It will tell you the date, time, and location of your hearing. 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. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Reckless Driving is a pretty serious charge. 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. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Call our Fairfax law office or start an online chat to schedule a free consultation today. 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. While an officer can arrest you for the offense, they usually do not. How Do I Fight A Reckless Driving Charge in Virginia? Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). 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%. Complete the form below to receive a free consultation. 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] . Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. A Quick Guide to Virginias Hit and Run Laws. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Its jam-packed full of answers for your case. Newport News, VA 23606* You were driving unsafely, or at an unsafe speed. 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. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. In some states, certain acts are automatically considered reckless, such as: Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Seek competent legal counsel for advice on any legal matter. You will be given a court date, and it is extremely important that you appear when you are supposed to. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. And in most states, this is not admissible in civil proceedings. This is unbelievable, you think to yourself. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. ", "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. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. 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. 6 Reasons a Lawyer Should Fight Your Ticket. Brunswick County Va Reckless Driving Lawyers, Bowling Green Va Reckless Driving Lawyers, Caroline County va Reckless Driving Lawyers, Chesterfield County Reckless Driving Lawyers, Colonial Heights Va Reckless Driving Lawyers, Dinwiddie County Va Reckless Driving Lawyers, Greensville County Va Reckless Driving Lawyers, Henrico County va Reckless Driving Lawyers, Lawrenceville VA Reckless Driving Lawyers, King George County Va Reckless Driving Lawyers, Mecklenburg County Va Reckless Driving Lawyers, New Kent County Va Reckless Driving Attorneys, Prince George County Reckless Driving Lawyers, Spotsylvania County Va Reckless Driving Lawyers, Stafford County Va Reckless Driving Lawyers, Sussex County Va Reckless Driving Lawyers. the same criminal penalties as reckless driving. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. I wouldnt be in school right now if it wasnt for Jacob and his team. Your home states laws will determine whether any offense will apply to your driving record there. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. If you are pulled over for speeding in excess of 20 mph above the posted limit, or in excess of 80 mph regardless of the posted limit, you may be charged with a class 1 misdemeanor. Mar 2, 2023 Education. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. 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. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? 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. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. If you get stopped and you get charged with a crime, call a lawyer! Reckless driving is a class B misdemeanor in Utah. 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 final plea that would normally be entered is guilty. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. The 10 day timeline includes weekends and holidays. If the date is further out, then it is likely your actual trial date. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. If you are found guilty or plead guilty, you will have a criminal conviction on your record. We respond to all communications within one business day. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. 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. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. There are several ways to avoid reckless driving charges in Virginia. 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. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? EVER. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. 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. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Andrew wrote the book on reckless driving. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Virginia is notoriously harsh in its treatment of driving crimes. 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. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Reckless driving is a class 1 misdemeanor. Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC Copyright The Reckless Driving Lawyers 2023. 29 S Mallory St, Suite 206 Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. 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. 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. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. 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.. 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. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge. But of course we cant know for sure until we talk with the officer and any other witnesses. These relationships serve as a benefit in navigating the best path forward for clients. The judge then listens to the evidence. 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. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. We would want to make them have to do their job and prove it, and maybe they cant prove it. 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. In Virginia, you have the automatic right to appeal any finding by the general district court. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. He can arrest you and take you to the police station for booking as a result. We go above and beyond in order to provide our clients with the best possible representation. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. 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. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. The penalties aren't as severe as in a DUI in Virginia. Can I Appeal My Virginia Reckless Driving Charge? 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. Reckless driving means driving a car while willingly disregarding the safety of property and people. 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. Second, discuss with your attorney whether you should take a driver education or driver improvement course. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Reckless Driving in Virginia: What You Need To Know 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. life, limb, or property?. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Reckless Driving VA | Reckless Driving First Offense Attorneys VA If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. To explore your options, contact the firm at 908-643-6801 or via email to . Do you know how hard it is to find a lawyer that you can trust? Reckless driving remains on your Virginia driving record for 11 years. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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. Jacob is the Managing Partner of Tingen Law. If you have any questions during the stop itself, ask the officer who issued you the ticket. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. If your speedometer was off in your favor this could be used to mount your defense. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Anyone may represent himself or herself in any criminal case, but it is not generally advised. Virginia Criminal Offense FAQs | The Wilson Law Firm The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. However, there are certain guidelines you need to follow. 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. You could be sentenced to jail if you are convicted of reckless driving. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Andrew Lindsey; . How to Get Reckless Driving Reduced to Improper Driving in Virginia Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. The trial itself will be conducted in the same general fashion as your first trial. FREE Virginia DUI/DWI Arrest Survival Guide! Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. What Is a Wet Reckless in Virginia? By providing the officer on scene with additional details, you increase the chance of self-incrimination. No. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Hes sorry, he tells you, but he has no choice but to find you guilty. Even if you have already been found guilty of reckless driving, you may be able to appeal. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Motorists who cause severe injuries to another person while . Phone:(804) 355-8037 . Phone: (757) 317-1000, Newport News However, a reckless driving ticket isnt the end of the world. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Maximum penalty: The way you would be guilty of a felony traffic offense in Virginia is if you are convicted of multiple DUI's in a short period of time. We provide transparent flat fees and flexible payment plans in most cases. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Virginia Reckless Driving: Out of State Drivers. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. 46.2-868. Reckless driving; penalties - Virginia Avoiding jail time. In Virginia, reckless driving is defined as any of the following: Driving over 20 mph over the speed limit, or faster than 80 mph total. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. One exception is that your reckless driving conviction may not impact your driving privileges in your home state, and you may not receive points against your license. Visit our site today for more information. 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. In Virginia, drivers can plead . How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? As the saying goes, anything you say can and will be used against you in a court of law. Pleading a wet and reckless driving charge may only be available for first-time offenders. We understand that returning to the state may be difficult and require significant time and expense. These shops should be able to provide you with a calibration sheet that can be used in Court. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. . And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. First, depending on your district, you should commit to performing community service before your trial date. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm You explain to the court that you were not distracted when you hit the other vehicle. Alvin Kamara, Chris Lammons plead not guilty to battery charges Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. If I Date Someone Else While Separated, Is it Adultery in Virginia? Initiating the process is quite simple. Possibly. Its judgment time. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. What are the Consequences of a Reckless Driving Conviction? There are reasons why no self-respecting lawyer would do this to his or her client. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving.
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