If youre charged with reckless driving, consult a lawyer immediately. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. We would want to make them have to do their job and prove it, and maybe they cant prove it. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. If your speedometer was off in your favor this could be used to mount your defense. Depending on your state, either the judge or a jury will make a final decision. 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. 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. Hello, Im Andrew Flusche. 6 Reasons a Lawyer Should Fight Your Ticket. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. You explain to the court that you were not distracted when you hit the other vehicle. If you have any questions, please contact our firm at (804) 355-8037. However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. 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. 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. By the time you realized they had not gone forward upon the light turning green it was too late and you made minor impact with the other vehicle. How Much Does a Virginia Reckless Driving Lawyer Cost? Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. 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. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. If the date is further out, then it is likely your actual trial date. 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. However, the most common reason for a reckless driving charge is speed. 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. 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. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. All parties who plead guilty to a wet and reckless driving charge work with the prosecuting attorney to determine the terms of your guilty plea. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. What are the Consequences of a Reckless Driving Conviction? 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. 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. Confidential or time-sensitive information should not be sent through this form. Reckless Driving is not a traffic infraction, it is a misdemeanor. Second, you should look into taking driver improvement courses prior to your trial. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News 41-6a-528 Reckless driving -- Penalty. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. You should know that dry reckless is different from wet reckless. 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. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. 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. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Testimonials & Reviews: Our Clients Words. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. How Long Does a Reckless Driving Stay on Record in Virginia? However, you should still speak with an attorney to double check this information. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. First, depending on your district, you should commit to performing community service before your trial date. You cannot simply mail in the ticket. Your appeal will be heard de novo in circuit court. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. Reckless Driving is not a traffic infraction, it is a misdemeanor. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. 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. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . Mr. Wilson is a true professional. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Virginia Beach, VA 23452* As you can no doubt see, it this is not a decision to be made lightly. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. At most, improper driving will result in a $500 fine and three points on your license. But of course we cant know for sure until we talk with the officer and any other witnesses. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. I plead not guilty, your honor, you stammer. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. 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. 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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. 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. 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. Reckless driving is a Class 1 misdemeanor in Virginia. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: Using these laws, as well as other, more specific sections in the statute, Virginia judges can punish a wide variety of unsafe driving habits as reckless.. Signing the summons is a good strategy to avoid these negative consequences. 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. Please call today to schedule a free, no-obligation consultation. Jacob is the Managing Partner of Tingen Law. 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. However, you should note that youll never receive a ticket for improper driving.. Make sure to always attend any court dates relating to your reckless driving charge. Fax: (804) 355-8875 When you make a mistake and you cut your arm, please call a doctor. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. 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. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. But generally, reckless driving is a misdemeanor. How do I plead? you think to yourself. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. 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. This means that it carries the same criminal penalties as reckless driving. 2023 Charles V. Hardenbergh, PC, All Rights Reserved, Reproduced with Permission, DUI/DWI Arrest Survival Guide The Guilt Myth, The Secret Truth about how to win a Virginia Expungement Case, Virginia Reckless Driving Sentence Estimator, 5 Mistakes to Avoid When Preparing for Court, Why You Shouldnt Pay Your Reckless Driving Ticket. As the saying goes, anything you say can and will be used against you in a court of law. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. the same criminal penalties as reckless driving. We understand that returning to the state may be difficult and require significant time and expense. Even if you have already been found guilty of reckless driving, you may be able to appeal. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. All parties who plead guilty to a wet and reckless driving charge work with the prosecuting attorney to determine the terms of your guilty plea. . For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. We provide transparent flat fees and flexible payment plans in most cases. . Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. 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. Virginia laws do not statutorily define wet and reckless driving. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. The judge explains that he listened to you and all other witnesses intently. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Reckless driving; general rule. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. Free for Personal Injury & Criminal Defense Only. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. 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. Contactme today to discuss your cases facts to determine the best option for you! However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Neck injury? Reckless Driving? You are beside yourself! Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. 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. Andrew wrote the book on DWI. 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. In addition, you may not prepay reckless driving citations in Virginia. The outcome of any trial is not certain. This can be used against you in civil court. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. 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. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. While an officer can arrest you for the offense, they usually do not. 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. Jacob has been our lawyer for 3 years now and he is excellent. 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. 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. 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. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Newport News, VA 23606* We recommend them without reservation to anyone looking for business law services. 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. 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. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. 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.
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