The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. When you make a mistake and you cut your arm, please call a doctor. A Quick Guide to Virginias Hit and Run Laws. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. The Virginia Appeals Process. It will tell you the date, time, and location of your hearing. There are reasons why no self-respecting lawyer would do this to his or her client. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. That could involve pleading to a "wet reckless.". 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. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Were a Richmond, Virginia law firm with clients from around the world. What are the chances of reducing the ticket? What is Constructive Desertion in Virginia. I had this video transcribed for visitors who prefer to read the content. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Reckless driving means driving a car while willingly disregarding the safety of property and people. This is especially true for repeat offenders. If you plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. However, most first-time offenders can avoid jail by instead performing community service. The 10 day timeline includes weekends and holidays. Showing the court evidence of this may also help your case. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. Virginia DUI and DWI; . Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. 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. 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. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. 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. Likewise, showing up and admitting guilt but explaining your circumstances (you were passing another merging vehicle, you were running late for an important event, you were driving safely) will also likely end up in a guilty conviction. The DMV will also apply between three and six demerit points to your license. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. Utah's Reckless and Driving Laws and Penalties I will carefully review the facts of your case in determining how best to reach your goal. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Make sure to attend both your first appearance (if applicable) and your trial date. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Home; Practice Areas . (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . 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. Confidential or time-sensitive information should not be sent through this form. 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. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Its a no-brainer. A DUI charge stays on your criminal and DMV record. When you plead guilty, you are agreeing to a criminal recordfor life. 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. Rock and read Annual event encourages reading +4; Mar 2, 2023 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. And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. You cannot simply mail in the ticket. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). 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. 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. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Is Now the Time to Request Your Virginia Driving Record? The Notice of Appeal form will list a date . However, the law was repealed a year later, and this is no longer a potential consequence. Reckless driving remains on your Virginia driving record for 11 years. Were you or a family member charged with reckless driving in Virginia? ", "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. This is because most states subscribe to the Interstate Drivers License Compact. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. 3437 W. Cary St. Richmond, VA 23221 Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Instead, you are asked to sign the summons, which is a promise to appear in court. Its jam-packed full of answers for your case. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. He has been great for us, the very best. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. We provide transparent flat fees and flexible payment plans in most cases. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. . If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. You understand that if you fail to attend your court hearing, you could be arrested. You were driving unsafely, or at an unsafe speed. Many Virginia jurisdictions no longer permit wet reckless driving pleas. 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. By providing the officer on scene with additional details, you increase the chance of self-incrimination. Even with all this helpful information, sometimes you just need to talk. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Make sure to always attend any court dates relating to your reckless driving charge. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . 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 laws do not statutorily define wet and reckless driving. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. Additional penalties for failing to appear may also apply. 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. 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. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Reckless driving is a Class 1 misdemeanor in Virginia. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. 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. If your speedometer was off in your favor this could be used to mount your defense. 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. Your appeal will be heard de novo in circuit court. However, the easiest is to simply avoid driving over 80 miles per hour. Now its the courts turn. 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. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? 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. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Your Virginia reckless driving defense attorney can help you accomplish this. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. You make your appearance in court on the designated court date. Yes. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Please call today to schedule a free, no-obligation consultation. 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. If I Date Someone Else While Separated, Is it Adultery in Virginia? 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. 468 Investors Pl, Suite 202A 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. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. 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. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. 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 drivers civil attorney may try to use that plea against you as an admission of guilt. . If convicted, youll usually receive a relatively large fine. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. 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. 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. 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. Speak to one of our lawyers now to identify the right solutions. First, depending on your district, you should commit to performing community service before your trial date. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. How Should I Plead In My Traffic Case? - Andrew Flusche This lets you avoid criminal charges altogether in exchange for a much lower punishment, such as a small fine, community service, and/or mandatory driving classes. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. The problem is that question depends upon all the facts and circumstances of your case. Its the most-reviewed Virginia reckless driving resource on Amazon.com. However, a reckless driving ticket isnt the end of the world. 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. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Am I pleading guilty if I sign a reckless driving ticket? Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. 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 judge then listens to the evidence. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. GET DIRECTIONS. First, look at the charges or law section part of the ticket. 2023 Simms Showers, LLP. How Long Does a Reckless Driving Stay on Record in Virginia? In Virginia, you have the automatic right to appeal any finding by the general district court.
