You could be sentenced to jail if you are convicted of reckless driving. Rock and read Annual event encourages reading +4; Mar 2, 2023 Virginia Reckless Driving: Out of State Drivers. 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 is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 3437 W. Cary St. Richmond, VA 23221 Conviction of felony reckless driving causing death results in a license suspension of 1 to 3 years as well as a prison sentence of up to 20 years. Can I Appeal My Virginia Reckless Driving Charge? You are not pleading guilty by signing the summons. Additional penalties for failing to appear may also apply. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. Phone: (757) 260-5996. All Rights Reserved. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. It doesnt take too much of an imagination to see yourself involved in a relatively minor accident at a traffic light on your way home from work. 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. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. A Quick Guide to Virginias Hit and Run Laws. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. However, a reckless driving ticket isnt the end of the world. A lawyer can question any witnesses and make arguments on your behalf. However, the law was repealed a year later, and this is no longer a potential consequence. Reckless driving means driving a car while willingly disregarding the safety of property and people. We provide transparent flat fees and flexible payment plans in most cases. Pleading a wet and reckless driving charge may only be available for first-time offenders. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Call our Fairfax law office or start an online chat to schedule a free consultation today. Reckless driving, unsafe passing . Reckless Driving in Virginia. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. 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. Initiating the process is quite simple. 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. How Much Does a Virginia Reckless Driving Lawyer Cost? Confidential or time-sensitive information should not be sent through this form. 720 Mall Parkway 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. Contact us to see what we can do for you. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. In addition, you may not prepay reckless driving citations in Virginia. A person can be charged with reckless driving if he is driving 20 miles per hour over . As with license suspension, the final decision falls to the judge presiding over your case. Fill out the form below and well be in touch within 1 business day! If we can't help, we'll do our best to connect you with someone who can. Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. This video explains a little about the different plea options and how we decide together what you should plead. 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. In general, you should expect to pay around $350-$500. 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. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. 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. Many Virginia jurisdictions no longer permit wet reckless driving pleas. I am happy to work with you based on your convenience. Neck injury? Reckless Driving? You are beside yourself! If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. 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. Schedule your consultation today and lets talk about what we can do for you! Reckless driving is a class 1 misdemeanor. Its judgment time. 29 S Mallory St, Suite 206 If the date is further out, then it is likely your actual trial date. However, the easiest is to simply avoid driving over 80 miles per hour. If you get stopped and you get charged with a crime, call a lawyer! . Virginia courts penalize reckless driving as aClass 1 misdemeanor. 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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. We understand that returning to the state may be difficult and require significant time and expense. 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. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. 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). A plea of no contest, on the other hand, contains no admission. License suspension is mandatory for a . For this reason, you should always speak carefully with officers during traffic stops. . ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. 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. You were driving unsafely, or at an unsafe speed. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. What Is The Virginia Difference Between Misdemeanor & Felony DUI? This can be used against you in civil court. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. 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. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 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. But generally, reckless driving is a misdemeanor. In Virginia, reckless driving is a class 1 criminal misdemeanor. 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. What Happens if You Get a Speeding Ticket in Virginia? Reckless driving is a Class 1 misdemeanor in Virginia. Your Virginia reckless driving defense attorney can help you accomplish this. 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. . 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. 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. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. An officer may arrest you for reckless driving if he or she observes you: No. The Notice of Appeal form will list a date you must appear in Circuit Court to either have a second trial or pick a new trial date. 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. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. We would want to make them have to do their job and prove it, and maybe they cant prove it. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Hes sorry, he tells you, but he has no choice but to find you guilty. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Second, discuss with your attorney whether you should take a driver education or driver improvement course. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. You must answer the ticket in the same way as in-state offenders. It happens to the best of us. 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. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Pleading to less serious charges. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. 11815 Fountain Way, Suite 300 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 reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. This could have a negative impact on future prospects, including employment. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. To explore your options, contact the firm at 908-643-6801 or via email to . The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. What are the chances of reducing the ticket? You can appeal a guilty verdict in a reckless driving case under a couple of conditions. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. 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. Making a good impression on the judge is especially helpful in this regard. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. 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 tickets are traffic infractions, not misdemeanors. FREE Virginia DUI/DWI Arrest Survival Guide! Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Reckless driving is a crime. Failing to do so is a separate crime, which can result in even more penalties. This is one very good reason to speak with an attorney early in your case, as they know how to maneuver your case towards this outcome. life, limb, or property?. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign 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. While an officer can arrest you for the offense, they usually do not. That is why it is so important that you work with a knowledgeable reckless driving attorney. Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . 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. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Signing the summons is a good strategy to avoid these negative consequences. If you have any questions, please contact our firm at (804) 355-8037. 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. However, a wet reckless charge does not. 6 Reasons a Lawyer Should Fight Your Ticket. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. 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. I wouldnt be in school right now if it wasnt for Jacob and his team. In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. 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. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. 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. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. These shops should be able to provide you with a calibration sheet that can be used in Court. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. 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. Speak to one of our lawyers now to identify the right solutions. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. This field is for validation purposes and should be left unchanged. There are several ways to avoid reckless driving charges 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. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Its a no-brainer. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. In Virginia, you have the automatic right to appeal any finding by the general district court. However, you should still speak with an attorney to double check this information. Complete the form below to receive a free consultation. 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. Were a Richmond, Virginia law firm with clients from around the world. 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. If youre charged with reckless driving, consult a lawyer immediately. 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. The Notice of Appeal form will list a date . 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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. This is because most states subscribe to the Interstate Drivers License Compact. 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%. 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. 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. Phone: (757) 387-1000, Hampton What is Constructive Desertion in Virginia. The Commonwealth of Virginia defines reckless driving in many different ways. 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. 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. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Hampton, VA 23663 In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Instead, the maximum penalty for speeding is usually only a $250 fine. At most, improper driving will result in a $500 fine and three points on your license. While an officer can arrest you for the offense, they usually do not. 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Our special report about driving on suspended explains six critical issues to possibly fight in your case. 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. 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. First, look at the charges or law section part of the ticket. You only have 10 days to file the paperwork with your local Circuit Court. The judge explains that he listened to you and all other witnesses intently. 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. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. 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. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. While the judge may appreciate your candor, it is still an admission of guilt. This means, being found guilty of reckless driving results in some pretty severe consequences: A fine of up to $2500 6 demerit points on your driver's license Suspended driver's license for up to 6 months Up to 12 months in jail Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving.