pleading guilty to reckless driving in virginia
41-6a-528 Reckless driving -- Penalty. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. What are the Consequences of a Reckless Driving Conviction? 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. 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. Showing the court evidence of this may also help your case. However, you should note that youll never receive a ticket for improper driving.. A Quick Guide to Virginias Hit and Run Laws. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. 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. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. That is why it is so important that you work with a knowledgeable reckless driving attorney. The 10 day timeline includes weekends and holidays. 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. 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. Your Virginia reckless driving defense attorney can help you accomplish this. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. 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. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. 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. Brunswick County Va Reckless Driving Lawyers, Bowling Green Va Reckless Driving Lawyers, Caroline County va Reckless Driving Lawyers, Chesterfield County Reckless Driving Lawyers, Colonial Heights Va Reckless Driving Lawyers, Dinwiddie County Va Reckless Driving Lawyers, Greensville County Va Reckless Driving Lawyers, Henrico County va Reckless Driving Lawyers, Lawrenceville VA Reckless Driving Lawyers, King George County Va Reckless Driving Lawyers, Mecklenburg County Va Reckless Driving Lawyers, New Kent County Va Reckless Driving Attorneys, Prince George County Reckless Driving Lawyers, Spotsylvania County Va Reckless Driving Lawyers, Stafford County Va Reckless Driving Lawyers, Sussex County Va Reckless Driving Lawyers. 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. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. He hears from the driver of the other vehicle. The judge then listens to the evidence. But the problem is that I cant know if the Commonwealth has their evidence in your case unless Ive looked at all the evidence and talked with the officer and talked with the prosecutor and then, and only then, will we know what plea we should enter. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. If we can't help, we'll do our best to connect you with someone who can. It typically has the same effect as a guilty plea. The Notice of Appeal form will list a date . This is because most states subscribe to the Interstate Drivers License Compact. 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. These points will normally remain on your license for two years. Free for Personal Injury & Criminal Defense Only. In some states, certain acts are automatically considered reckless, such as: Its judgment time. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. However, you should still speak with an attorney to double check this information. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. 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. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. How Do I Fight A Reckless Driving Charge in Virginia? Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. These shops should be able to provide you with a calibration sheet that can be used in Court. This could have a negative impact on future prospects, including employment. One very common example of charge bargaining in Virginia relates to reckless driving. 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. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. 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. 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. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. The hearing is where you will bring to light all the information presented in the police report. 6 Reasons a Lawyer Should Fight Your Ticket. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . 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. This is an informal hearing commonly known as arraignment. What Happens to My Health Insurance Benefits During Divorce in Virginia? What Else Can We Do to Get Your Reckless Driving Ticket Reduced? In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. Even with all this helpful information, sometimes you just need to talk. 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. 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. 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 speedometer was off in your favor this could be used to mount your defense. 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. . However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. The higher your speed, the more likely jail time becomes. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Reckless driving means driving a car while willingly disregarding the safety of property and people. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. 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. No. All Rights Reserved. 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. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Testimonials & Reviews: Our Clients Words. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. 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. That could involve pleading to a "wet reckless.". EVER. 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. Do you know how hard it is to find a lawyer that you can trust? Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. ", "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 part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. These relationships serve as a benefit in navigating the best path forward for clients. 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. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. 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. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. 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. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. This can be used against you in civil court. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. Initiating the process is quite simple. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. The Virginia Appeals Process. . However, you can appeal the outcome of your case and receive a new trial with a different judge. the same criminal penalties as reckless driving. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. three and six demerit points to your license. You could be sentenced to jail if you are convicted of reckless driving. However, the law was repealed a year later, and this is no longer a potential consequence. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Youre left stunned. Reckless Driving in Virginia: What You Need To Know Your SEO optimized title Menu Home Criminal Defense Assault and Battery Concealment/Shoplifting Trespassing Expungements Underage Possession It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. (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 . By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Initiating the process is quite simple. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. 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%. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. 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 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. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. 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. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. In Virginia, reckless driving is a class 1 criminal misdemeanor. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. Reckless driving is a Class 1 misdemeanor in Virginia. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. 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. I will carefully review the facts of your case in determining how best to reach your goal. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. Out of state drivers face the same reckless driving penalties as Virginia drivers. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Motorists who cause severe injuries to another person while . Anyone may represent himself or herself in any criminal case, but it is not generally advised. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. One is to get your speedometer calibrated at a Virginia auto shop. "Excellent teamwork, professional staff, and caring environment." Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. This is especially true for repeat offenders. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . In general, you should expect to pay around $350-$500. An attorney experienced with VA reckless driving defense can help you prevent that outcome. Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. 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. If you are pulled over for speeding in excess of 20 mph above the posted limit, or in excess of 80 mph regardless of the posted limit, you may be charged with a class 1 misdemeanor. . This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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.. It happens to the best of us. When you make a mistake and you cut your arm, please call a doctor. We provide free consultations for cases in our area. Mar 2, 2023 Education. Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. The problem is that question depends upon all the facts and circumstances of your case. Reckless driving is a class B misdemeanor in Utah. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. This was a minor accident. And finally its your turn to testify. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. 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. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. 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. Make sure to always attend any court dates relating to your reckless driving charge. Phone: (757) 656-1000, Virginia Beach A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. 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. We understand that returning to the state may be difficult and require significant time and expense. This means that it carries the same criminal penalties as reckless driving. Instead, you are asked to sign the summons, which is a promise to appear in court. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Home; Practice Areas . If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. 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. . One question I get from prospective clients, that is a little bit frustrating, is How should I plead? For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. 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. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. Rock and read Annual event encourages reading +4; Mar 2, 2023 He can arrest you and take you to the police station for booking as a result. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. You are not pleading guilty by signing the summons. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. You are not pleading guilty to reckless driving by signing the summons. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. 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. failure to appear in court is in itself a Class 1 misdemeanor in Virginia.