Pleading to less serious charges. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Instead, you are asked to sign the summons, which is a promise to appear in court. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. 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. three and six demerit points to your license. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. First, look at the charges or law section part of the ticket. What Happens if You Get a Speeding Ticket in Virginia? Were you or a family member charged with reckless driving in Virginia? 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 . These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. If the date is further out, then it is likely your actual trial date. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Visit our site today for more information. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. 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. By signing the summons, you are promising to attend your court hearing in your criminal case. It means that you are not admitting guilt, but you are also not disputing the facts of the charge and therefore, you accept the court's decision even though you're not admitting guilt. 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. However, the costs can change based on the details of your case. 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. When you plead guilty, you are agreeing to a criminal recordfor life. You are not pleading guilty by signing the summons. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. If you have any questions about the court date you should reach out to the Clerk of the court. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. 720 Mall Parkway Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Hes sorry, he tells you, but he has no choice but to find you guilty. 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. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. 6 Reasons a Lawyer Should Fight Your Ticket. Finally, your attorney can look into a possible amendment to Improper Driving. To explore your options, contact the firm at 908-643-6801 or via email to . How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. ", "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. What are the chances of reducing the ticket? First, depending on your district, you should commit to performing community service before your trial date. 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. Well outline the basics of each of these penalties below. While an officer can arrest you for the offense, they usually do not. Reckless driving remains on your Virginia driving record for 11 years. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. If you qualify for a court-appointed attorney, the judge will also let you know on this day. 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. What is Constructive Desertion in Virginia. While the judge may appreciate your candor, it is still an admission of guilt. 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. Even with all this helpful information, sometimes you just need to talk. 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. Free for Personal Injury & Criminal Defense Only. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. 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. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Email:info@weilandfirm.com Reckless driving is a class 1 misdemeanor. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. Initiating the process is quite simple. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. What are the Consequences of a Reckless Driving Conviction? Pleading No Contest in Virginia Is the Same as Pleading Guilty. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. the same criminal penalties as reckless driving. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. Reckless driving is a crime. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. 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 not a traffic infraction, it is a misdemeanor. Is Now the Time to Request Your Virginia Driving Record? Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? 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. 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. But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Andrew wrote the book on reckless driving. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. This law firm website and legal marketing are managed by MileMark Media. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. However, you should still speak with an attorney to double check this information. If youre charged with reckless driving, consult a lawyer immediately. 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. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. In many cases, I can handle your case through discussions over the phone and email. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation. But then to add insult to injury that police officer who has been very nice throughout the crash investigation informs you that the driver of the other vehicle needs to be taken to the hospital for a possible neck injury, and that he has to charge you with Reckless Driving. However, the easiest is to simply avoid driving over 80 miles per hour. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. This is why its super important, if you have any kind of traffic case, whether its reckless driving or speeding or DUI or driving on a suspended license, to talk with a traffic attorney. You cannot simply mail in the ticket. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. He hears from the driver of the other vehicle. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. These shops should be able to provide you with a calibration sheet that can be used in Court. Call Free Consultation (703) 350-4877. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. 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. If a death occurs as a result of racing, you will be charged with a class 6 felony. You were driving unsafely, or at an unsafe speed. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. Fines: Class 1 misdemeanors carry a fine of up to $2,500. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . 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. Jacob is the Managing Partner of Tingen Law. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Second, discuss with your attorney whether you should take a driver education or driver improvement course. 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. You explain to the court that you were not distracted when you hit the other vehicle. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. 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. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. However, Virginia will report the offense and any imposed suspension or points to your home state. . These points will normally remain on your license for two years. "Excellent teamwork, professional staff, and caring environment." Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Reckless driving, unsafe passing . A DUI charge stays on your criminal and DMV record. 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. Confidential or time-sensitive information should not be sent through this form. Its judgment time. Reckless Driving is a pretty serious charge. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. . Hello, Im Andrew Flusche. 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. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. I work with all clients to understand their desired result. 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. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. 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. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Jacob has been our lawyer for 3 years now and he is excellent. How Much Does a Virginia Reckless Driving Lawyer Cost? 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. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. 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. What is a standard custody agreement in Virginia? . That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. 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. 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. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. 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. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Reckless Driving is not a traffic infraction, it is a misdemeanor. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? 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. License suspension is mandatory for a . 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. Fill out the form below and well be in touch within 1 business day! You understand that if you fail to attend your court hearing, you could be arrested. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Virginia courts penalize reckless driving as aClass 1 misdemeanor. We go above and beyond in order to provide our clients with the best possible representation. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date.