There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. Hello, Im Andrew Flusche. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. 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. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Virginia Reckless Driving: Out of State Drivers. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Furthermore, a reckless driving charge can come with a fine of up to $2,500, up to a year in jail, a license suspension for up to six months, and an increase in car insurance fees. the same criminal penalties as reckless driving. The 10 day timeline includes weekends and holidays. Failing to do so is a separate crime, which can result in even more penalties. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. Reckless driving, unsafe passing . The Virginia Code defines a number of actions as reckless driving. 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. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. But generally, reckless driving is a misdemeanor. What is Constructive Desertion in Virginia. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. 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. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? 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. What are the chances of reducing the ticket? 11815 Fountain Way, Suite 300 One is to get your speedometer calibrated at a Virginia auto shop. You make your appearance in court on the designated court date. When you plead guilty, you are agreeing to a criminal recordfor life. 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. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. The judge then listens to the evidence. Second, you should look into taking driver improvement courses prior to your trial. Reckless driving is a Class 1 misdemeanor in Virginia. FREE Virginia DUI/DWI Arrest Survival Guide! 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. If you have any questions during the stop itself, ask the officer who issued you the ticket. These relationships serve as a benefit in navigating the best path forward for clients. The other choice of plea would be no contest. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. Andrew Lindsey; . If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. 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. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. You were driving unsafely, or at an unsafe speed. Virginia laws do not statutorily define wet and reckless driving. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. If you are found guilty or plead guilty, you will have a criminal conviction on your record. 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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. "Mr. Wilson is unbelievably knowledgeable and professional. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. How Much Does a Virginia Reckless Driving Lawyer Cost? 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. License suspension is mandatory for a . Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. This field is for validation purposes and should be left unchanged. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. For example, if a reckless driving conviction puts you over eight points in one year, or twelve points within two years, you will lose your license. If your reckless driving charge is a result of racing, you face enhanced penalties, including a license suspension of up to 2 years and the possible permanent seizure of your vehicle. 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. 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. First, depending on your district, you should commit to performing community service before your trial date. The penalties aren't as severe as in a DUI in Virginia. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 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. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. If you qualify for a court-appointed attorney, the judge will also let you know on this day. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. EVER. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. Its the most-reviewed Virginia reckless driving resource on Amazon.com. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. 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. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. The problem is that question depends upon all the facts and circumstances of your case. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. 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. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. You could also ask your attorney if youve already hired one. You only have 10 days to file the paperwork with your local Circuit Court. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. When you make a mistake and you cut your arm, please call a doctor. three and six demerit points to your license. What Happens to My Health Insurance Benefits During Divorce in Virginia? 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. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. The 10 day timeline includes weekends and holidays. How Do I Fight A Reckless Driving Charge 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. Reckless Driving in Virginia. However, the costs can change based on the details of your case. 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.. It is important to beat your reckless driving Virginia charge as it appears in all background checks and proves to be a hurdle to your future progress. If convicted, youll usually receive a relatively large fine. 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. I work with all clients to understand their desired result. Virginia Traffic Court: Should I plead No Contest or Guilty? While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. For a first reckless driving conviction, the Driver License Division (DLD) can suspend the driver's license for up to three months upon the recommendation of the judge. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. These points will normally remain on your license for two years. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. 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. 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. Motorists who cause severe injuries to another person while . Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Home; About. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . In a "wet reckless" you plead guilty to reckless driving with alcohol involved. 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. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Reckless driving; general rule. 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. The trial itself will be conducted in the same general fashion as your first trial. Being proactive in your defense can go a long way, especially in cases of reckless by speed. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Call our Fairfax law office or start an online chat to schedule a free consultation today. Instead, the maximum penalty for speeding is usually only a $250 fine. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. At most, improper driving will result in a $500 fine and three points on your license. 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. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. As you can no doubt see, it this is not a decision to be made lightly. Mr. Wilson is a true professional. 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Holcomb Law, P.C. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. 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. 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%. Your home states laws will determine whether any offense will apply to your driving record there. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. 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. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? You understand that if you fail to attend your court hearing, you could be arrested. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Signing the summons is a good strategy to avoid these negative consequences. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. 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 addition, you may not prepay reckless driving citations in Virginia. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. You are not pleading guilty to reckless driving by signing the summons. 2023 Simms Showers, LLP. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. Instead, you are asked to sign the summons, which is a promise to appear in court. 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. Virginia is notoriously harsh in its treatment of driving crimes. 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. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. This video explains a little about the different plea options and how we decide together what you should plead. I plead not guilty, your honor, you stammer. Hes sorry, he tells you, but he has no choice but to find you guilty. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. We respond to all communications within one business day. Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied.