And in most states, this is not admissible in civil proceedings. A DUI charge stays on your criminal and DMV record. 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. 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. 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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. How is this possible? 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. Avoiding DUI Penalties With a "Wet Reckless" Charge It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Reckless driving is a class B misdemeanor in Utah. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. It will tell you the date, time, and location of your hearing. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one 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. However, the easiest is to simply avoid driving over 80 miles per hour. You only have 10 days to file the paperwork with your local Circuit Court. Reckless Driving in Virginia: What You Need To Know Reckless Driving Laws by State - FindLaw Out of state drivers face the same reckless driving penalties as Virginia drivers. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. 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. By hiring an attorney experienced in Virginia reckless driving law, they can petition the court to appear on your behalf and you may not have to be present. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. But of course we cant know for sure until we talk with the officer and any other witnesses. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. And in many Northern Virginia jurisdictions (like Fairfax County), the . 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. Top Questions to Ask a Virginia Reckless Driving Attorney. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. No. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Were a Richmond, Virginia law firm with clients from around the world. 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. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. FAIRFAX, Va. -- Washington Nationals outfielder Jayson Werth has pleaded guilty to reckless driving and has been sentenced to five days in jail for driving 105 mph on the Capital Beltway. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. One very common example of charge bargaining in Virginia relates to reckless driving. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. 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. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? 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. EVER. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. But generally, reckless driving is a misdemeanor. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. 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. 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. Phone: (757) 656-1000, Virginia Beach In a "wet reckless" you plead guilty to reckless driving with alcohol involved. One is to get your speedometer calibrated at a Virginia auto shop. . At most, improper driving will result in a $500 fine and three points on your license. 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. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Fill out the form below and well be in touch within 1 business day! the same criminal penalties as reckless driving. Reckless Driving is not a traffic infraction, it is a misdemeanor. life, limb, or property?. 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. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. It happens to the best of us. 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. Call our Fairfax law office or start an online chat to schedule a free consultation today. License suspension is mandatory for a . That is why it is so important that you work with a knowledgeable reckless driving attorney. FREE Virginia DUI/DWI Arrest Survival Guide! 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. What Kind of Evidence Can Help in My Reckless Driving Case? Virginia Reckless Driving: Out of State Drivers. This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. 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. 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. Our special report about driving on suspended explains six critical issues to possibly fight in your case. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. What Happens to My Health Insurance Benefits During Divorce in Virginia? Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. three and six demerit points to your license. 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. In most cases, you can resolve them by simply paying the associated fine online. As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. What Do You Need to Know about Wet Reckless in Virginia? When you are asked by a college, a recruiter, or an employer for example, if you have a criminal record, you must truthfully answer yes. 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. If you have any questions during the stop itself, ask the officer who issued you the ticket. While the judge may appreciate your candor, it is still an admission of guilt. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Additional penalties for failing to appear may also apply. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. These relationships serve as a benefit in navigating the best path forward for clients. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Youre left stunned. 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. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. 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. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. 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. Possibly. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. The Virginia Appeals Process. Waterville councilmember pleads guilty to reckless driving and lying to If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Virginia is notoriously harsh in its treatment of driving crimes. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. 888-DUI-LWYR | 703-361-6100. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. 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. 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. . While not a valid defense on its own, taking actions to fix the problem will also help your case in court. 11815 Fountain Way, Suite 300 GET DIRECTIONS. As the saying goes, anything you say can and will be used against you in a court of law. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. An officer may arrest you for reckless driving if he or she observes you: No. A person can be charged with reckless driving if he is driving 20 miles per hour over . You could also ask your attorney if youve already hired one. 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. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. 46.2-868. Reckless driving; penalties - Virginia We understand that returning to the state may be difficult and require significant time and expense. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at.

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