If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. Being proactive in your defense can go a long way, especially in cases of reckless by speed. 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. 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. 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. While an officer can arrest you for the offense, they usually do not. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. It typically has the same effect as a guilty plea. Speeding is a traffic infraction, and it doesn't carry jail time. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Reckless driving is a Class 1 misdemeanor in Virginia. Also, under most circumstances, speeding carries a maximum penalty of $250. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. 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. 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. I am a Virginia traffic attorney. Phone: (757) 317-1000, Newport News Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. 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. Avoiding DUI Penalties With a "Wet Reckless" Charge However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. . If your reckless driving charge is a result of racing, you face enhanced penalties, including a license suspension of up to 2 years and the possible permanent seizure of your vehicle. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. 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. EVER. Virginia is notoriously harsh in its treatment of driving crimes. Reckless Driving in Virginia: What You Need To Know In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Reckless Driving Laws by State - FindLaw . You were driving unsafely, or at an unsafe speed. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. 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. This is especially true for repeat offenders. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. Its a no-brainer. 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. What Do You Need to Know about Wet Reckless in Virginia? How Do I Fight A Reckless Driving Charge in Virginia? If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. However, a wet reckless charge does not. 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. 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 Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Neck injury? Reckless Driving? You are beside yourself! Phone: (757) 260-5996. What Is a Wet Reckless in Virginia? Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. You must answer the ticket in the same way as in-state offenders. Andrew wrote the book on reckless driving. Copyright The Reckless Driving Lawyers 2023. . You can also ask for a jury trial, but you may have to pay the costs for it. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 We recommend them without reservation to anyone looking for business law services. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. You explain to the court that you were not distracted when you hit the other vehicle. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. "Mr. Wilson is unbelievably knowledgeable and professional. One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. The trial itself will be conducted in the same general fashion as your first trial. 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. 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. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. Virginia Traffic Court: Should I plead No Contest or Guilty? Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. He can arrest you and take you to the police station for booking as a result. 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. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Well outline the basics of each of these penalties below. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Youre left stunned. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. You should know that dry reckless is different from wet reckless. If you qualify for a court-appointed attorney, the judge will also let you know on this day. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. 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. 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 do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. Yes. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Pleading No Contest in Virginia Is the Same as Pleading Guilty 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 . 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. By providing the officer on scene with additional details, you increase the chance of self-incrimination. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. 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. 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. This is important because some judges have policies that concern what, if any, mercy they will grant an otherwise guilty traffic defendant based on how they plead. 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. Basically, you want to show the court that youve made efforts to correct your behavior, and that there is a low risk of a repeat offense. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. It's vital that you make the scheduled court appearance, since failing to appear is a misdemeanor that could result in additional jail time on top of your reckless driving conviction. We understand that returning to the state may be difficult and require significant time and expense. That is why it is so important that you work with a knowledgeable reckless driving attorney. 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. 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. Pleading to less serious charges. This could have a negative impact on future prospects, including employment. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. 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. These penalties are commonly referred to as collateral consequences. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. If I Date Someone Else While Separated, Is it Adultery in Virginia? Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Your home states laws will determine whether any offense will apply to your driving record there. A person can be charged with reckless driving if he is driving 20 miles per hour over . 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. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. 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. What Kind of Evidence Can Help in My Reckless Driving Case? Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. However, the easiest is to simply avoid driving over 80 miles per hour. We provide transparent flat fees and flexible payment plans in most cases. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. If your speedometer was off in your favor this could be used to mount your defense. Guilty is a little bit different than no contest. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Mar 2, 2023 Education. Can I Appeal My Virginia Reckless Driving Charge? In some states, certain acts are automatically considered reckless, such as: We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these 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. Reckless Driving FAQs | Frequently Asked Questions 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. How to Get Reckless Driving Dismissed | Legal Beagle Phone:(804) 355-8037 failure to appear in court is in itself a Class 1 misdemeanor in Virginia. This is an informal hearing commonly known as arraignment. 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. What is a standard custody agreement in Virginia? Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. So, what to do? Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. 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. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Instead, the maximum penalty for speeding is usually only a $250 fine. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. The final plea that would normally be entered is guilty. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Our experienced reckless driving attorneys at Simms Showers, LLP serve clients in Leesburg, Loudoun County and Fairfax County and can defend you both initially and on appeal from your reckless driving charge. 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. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. While an officer can arrest you for the offense, they usually do not. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving.
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