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. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. A Quick Guide to Virginias Hit and Run Laws. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. 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. What Happens if You Get a Speeding Ticket in Virginia? 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. So, what to do? First, depending on your district, you should commit to performing community service before your trial date. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Now its the courts turn. 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. Neck injury? Reckless Driving? You are beside yourself! life, limb, or property?. Signing the summons is a good strategy to avoid these negative consequences. 468 Investors Pl, Suite 202A Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. However, the law was repealed a year later, and this is no longer a potential consequence. Contactme today to discuss your cases facts to determine the best option for you! Phone: (757) 387-1000, Hampton We understand that returning to the state may be difficult and require significant time and expense. This video explains a little about the different plea options and how we decide together what you should plead. There are reasons why no self-respecting lawyer would do this to his or her client. Its judgment time. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. However, Virginia will report the offense and any imposed suspension or points to your home state. Phone: (757) 656-1000, Virginia Beach The penalties aren't as severe as in a DUI in Virginia. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. This could have a negative impact on future prospects, including employment. The Virginia Appeals Process. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. 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. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. 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). Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. 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. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. A lawyer can question any witnesses and make arguments on your behalf. One very common example of charge bargaining in Virginia relates to reckless driving. I am happy to work with you based on your convenience. The trial itself will be conducted in the same general fashion as your first trial. Reckless driving is a crime. 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. There are two ways to commit reckless driving: you can either. Reckless Driving is not a traffic infraction, it is a misdemeanor. A person can be charged with reckless driving if he is driving 20 miles per hour over . Therefore, even if you do not get jail or a large fine, you will still end up with a criminal record, which can affect many areas of your life including immigration status, security clearance, and background checks for employment. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. No. Then the court hears from the officer. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. Visit our site today for more information. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. However, the most common reason for a reckless driving charge is speed. 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. How do I plead? you think to yourself. Reckless Driving is a pretty serious charge. As you can no doubt see, it this is not a decision to be made lightly. Virginia Beach, VA 23452* While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. You are not pleading guilty to reckless driving by signing the summons. 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. Speeding is a traffic infraction, and it doesn't carry jail time. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. 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. 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. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Speeding tickets are traffic infractions, not misdemeanors. If convicted, youll usually receive a relatively large fine. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. You cannot simply mail in the ticket. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. Testimonials & Reviews: Our Clients Words. 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. Confidential or time-sensitive information should not be sent through this form. Andrew Lindsey; . This is an informal hearing commonly known as arraignment. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Our office handles reckless driving cases across Northern Virginia state courts (Alexandria, Fairfax, Arlington, Prince William) and the Eastern District of Virginia federal district court. "Mr. Wilson is unbelievably knowledgeable and professional. 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. 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. A DUI charge stays on your criminal and DMV record. 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 reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. In many cases, I can handle your case through discussions over the phone and email. When you make a mistake and you cut your arm, please call a doctor. In Virginia, this is more typically called a no contest plea. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Mar 2, 2023 Education. Is Now the Time to Request Your Virginia Driving Record? In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. Class 1 Misdemeanor: Driving Under the Influence (DUI), 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. 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. We go above and beyond in order to provide our clients with the best possible representation. 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. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Hes sorry, he tells you, but he has no choice but to find you guilty. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. 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. Reckless driving carries many of the same consequences of any misdemeanor criminal offense, including the possibility of jail time and a criminal record that is both permanent and publicly available. 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. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). You make your appearance in court on the designated court date. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. 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. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Seek competent legal counsel for advice on any legal matter. 29 S Mallory St, Suite 206 It happens to the best of us. This can be used against you in civil court. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Can I Appeal My Virginia Reckless Driving Charge? Virginia laws do not statutorily define wet and reckless driving. . Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. Reckless Driving in Virginia. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. 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. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Pleading a wet and reckless driving charge may only be available for first-time offenders. Waterville councilmember pleads guilty to reckless driving and lying to police. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. 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. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. 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. If you are found guilty or plead guilty, you will have a criminal conviction on your record. You were driving on the day of the offense. 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. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. If your speedometer was off in your favor this could be used to mount your defense. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. All rights reserved. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. 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. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. 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. Basically, you want to show the court that youve made efforts to correct your behavior, and that there is a low risk of a repeat offense. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. If you qualify for a court-appointed attorney, the judge will also let you know on this day. Second, you should look into taking driver improvement courses prior to your trial. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. Free for Personal Injury & Criminal Defense Only. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. You will be given a court date, and it is extremely important that you appear when you are supposed to. 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. 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. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. You could also ask your attorney if youve already hired one. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. You could be sentenced to jail if you are convicted of reckless driving. 720 Mall Parkway 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. Its jam-packed full of answers for your case. Its a no-brainer. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Your home states laws will determine whether any offense will apply to your driving record there. Yes. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. What are the Consequences of a Reckless Driving Conviction? Hello, Im Andrew Flusche. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. How is this possible? Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. 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. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. 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. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. 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. Make sure to always attend any court dates relating to your 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. In Virginia, you have the automatic right to appeal any finding by the general district court. In Virginia, drivers can plead . However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. 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. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily.

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