The Commonwealth of Virginia defines reckless driving in many different ways. Often, a conviction also affects government security clearances and contract eligibility for military or law enforcement personnel, and must be disclosed when applying for U.S. citizenship. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. your lawyer may argue for one of two options. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. 720 Mall Parkway Pleading a wet and reckless driving charge may only be available for first-time offenders. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. GET DIRECTIONS. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. 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. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. Fighting your ticket can be challenging, but if you win your case, you will not be required to pay any fines or court fees, and the ticket will not be added to your record. There are two ways to commit reckless driving: you can either. You are not pleading guilty to reckless driving by signing the summons. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. 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. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Instead, the maximum penalty for speeding is usually only a $250 fine. "Excellent teamwork, professional staff, and caring environment." How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Reckless Driving VA | Reckless Driving First Offense Attorneys VA One very common example of charge bargaining in Virginia relates to reckless driving. Contactme today to discuss your cases facts to determine the best option for you! This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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 . Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. The higher your speed, the more likely jail time becomes. 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. Alvin Kamara, Chris Lammons plead not guilty to battery charges In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. The penalties aren't as severe as in a DUI in Virginia. How Much Does a Virginia Reckless Driving Lawyer Cost? But of course we cant know for sure until we talk with the officer and any other witnesses. 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. It typically has the same effect as a guilty plea. Andrew wrote the book on DWI. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. Remember, failing to show up to your court date can lead to additional charges. The judge explains that he listened to you and all other witnesses intently. However, you should still speak with an attorney to double check this information. 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. Additionally, you may never even need to enter a courtroom. We go above and beyond in order to provide our clients with the best possible representation. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. What Happens if You Get a Speeding Ticket in Virginia? 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. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. The 10 day timeline includes weekends and holidays. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. These penalties are commonly referred to as collateral consequences. 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. Signing the summons is a good strategy to avoid these negative consequences. 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. 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). 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. 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. Your Virginia reckless driving defense attorney can help you accomplish this. 468 Investors Pl, Suite 202A 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 Virginia, reckless driving is a misdemeanor, not just a traffic infraction. What Is The Virginia Difference Between Misdemeanor & Felony DUI? 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 . Please call today to schedule a free, no-obligation consultation. Reckless driving sentence - Virginia - Keefer Law Firm 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. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Reckless driving is a Class 1 misdemeanor in Virginia. Virginia Reckless Driving: Out of State Drivers. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 11815 Fountain Way, Suite 300 Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. If a death occurs as a result of racing, you will be charged with a class 6 felony. 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%. Fax: (804) 355-8875 Contact us to see what we can do for you. In addition, you may not prepay reckless driving citations in Virginia. If convicted, youll usually receive a relatively large fine. That is why it is so important that you work with a knowledgeable reckless driving attorney. In order to make a reckless driving charge stick, the state has to prove the following things beyond reasonable doubt: If the judge has a reason to doubt either of those facts, you can move to get your case dismissed. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. EVER. three and six demerit points to your license. However, the law was repealed a year later, and this is no longer a potential consequence. 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. Phone: (757) 656-1000, Virginia Beach For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. If your speedometer was off in your favor this could be used to mount your defense. Speeding tickets are traffic infractions, not misdemeanors. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. How Do I Fight A Reckless Driving Charge in Virginia? However, the most common reason for a reckless driving charge is speed. You may be able to enter into a plea agreement to plead guilty to a much less serious offense that does not include the harsh penalties of a reckless driving conviction or that may not result in a criminal record. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. 41-6a-528 Reckless driving -- Penalty. Home; About. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. That means that it will be a complete do-over and the judge will hear the case as if it were not brought before any previous court. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. In Virginia, this is more typically called a no contest plea. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Virginia Traffic Court: Should I plead No Contest or Guilty? Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. You only have 10 days to file the paperwork with your local Circuit Court. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. 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. It is in your best interest to have a Virginia attorney who is experienced in reckless driving laws file the appeal for you and represent you throughout the process. . By hiring an attorney experienced in Virginia reckless driving law, they can petition the court to appear on your behalf and you may not have to be present. How do I plead? you think to yourself. Failing to do so is a separate crime, which can result in even more penalties. Though subsequent sections of the Code of Virginia outline actions that specifically constitute reckless driving, the determination as to whether to cite you for driving recklessly ultimately lies with the police officer who stops you. 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. Guilty is a little bit different than no contest. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. 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. I will carefully review the facts of your case in determining how best to reach your goal. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Can I Appeal My Virginia Reckless Driving Charge? 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. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. You can also ask for a jury trial, but you may have to pay the costs for it. Virginia is notoriously harsh in its treatment of driving crimes. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. 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. Can I plead not guilty to a careless driving charge? There are several ways to avoid reckless driving charges in Virginia. You will be given a court date, and it is extremely important that you appear when you are supposed to. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. You must answer the ticket in the same way as in-state offenders. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. Pleading 'No Contest' in Virginia: What You Should Know . Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. 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. Call our Manassas office or start a live chat today to schedule your free consultation to learn how we will aggressively fight for your rights. When you plead guilty, you are agreeing to a criminal recordfor life. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. 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. 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. 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. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Home; Practice Areas . You should know that dry reckless is different from wet reckless. How is this possible? 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. 888-DUI-LWYR | 703-361-6100. Utah's Reckless and Driving Laws and Penalties Confidential or time-sensitive information should not be sent through this form. FAIRFAX, Va. -- Washington Nationals outfielder Jayson Werth has pleaded guilty to reckless driving and has been sentenced to five days in jail for driving 105 mph on the Capital Beltway. The outcome of any trial is not certain. 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. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Andrew Lindsey; . 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. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC Fill out the form below and well be in touch within 1 business day! The other driver indicates to the court that while he is waiting patiently at the red light on a nice slow and easy day, he saw you careening toward his vehicle from his rearview mirror and it appeared that you were distracted by your radio. This field is for validation purposes and should be left unchanged. Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. 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. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. What To Expect From a Virginia Speeding Case in Court? Your case gets called and the judge asks you how you plead. If you have any questions about the court date you should reach out to the Clerk of the court. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. You were driving on the day of the offense. 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. This can be used against you in civil court. What is Constructive Desertion in Virginia. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Phone: (757) 317-1000, Newport News Motorists who cause severe injuries to another person while . 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. Its a no-brainer. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Reckless driving; general rule. It will tell you the date, time, and location of your hearing. 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. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away.