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To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. If I Date Someone Else While Separated, Is it Adultery in Virginia? However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. Hes sorry, he tells you, but he has no choice but to find you guilty. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. 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. As the saying goes, anything you say can and will be used against you in a court of law. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Phone: (757) 387-1000, Hampton In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. We provide free consultations for cases in our area. 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. Speeding is a traffic infraction, and it doesn't carry jail time. Guilty is a little bit different than no contest. Am I pleading guilty if I sign a reckless driving ticket? No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. 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. 41-6a-528 Reckless driving -- Penalty. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. 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. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. A DUI charge stays on your criminal and DMV record. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. What are the Consequences of a Reckless Driving Conviction? 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. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. If you have any questions about the court date you should reach out to the Clerk of the court. All rights reserved. Reckless Driving is not a traffic infraction, it is a misdemeanor. Visit our site today for more information. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. If your speedometer was off in your favor this could be used to mount your defense. Free for Personal Injury & Criminal Defense Only. 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. 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. 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. The penalties aren't as severe as in a DUI in Virginia. GET DIRECTIONS. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. You can also ask for a jury trial, but you may have to pay the costs for it. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Andrew Lindsey; . You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. Call our Fairfax law office or start an online chat to schedule a free consultation today. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. These shops should be able to provide you with a calibration sheet that can be used in Court. One is to get your speedometer calibrated at a Virginia auto shop. Reckless driving means driving a car while willingly disregarding the safety of property and people. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. 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. Pleading to less serious charges. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. What is Constructive Desertion in Virginia. If you qualify for a court-appointed attorney, the judge will also let you know on this day. 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. FREE Virginia DUI/DWI Arrest Survival Guide! The hearing is where you will bring to light all the information presented in the police report. You were driving unsafely, or at an unsafe speed. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. What are the chances of reducing the ticket? License suspension is mandatory for a . If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. 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. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. 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 can appeal a guilty verdict in a reckless driving case under a couple of conditions. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. 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. 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. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Pleading No Contest in Virginia Is the Same as Pleading Guilty As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Reckless Driving in Virginia when someone drives his/her 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." . Many Virginia jurisdictions no longer permit wet reckless driving pleas. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. That is why it is so important that you work with a knowledgeable reckless driving attorney. Failing to do so is a separate crime, which can result in even more penalties. Please call today to schedule a free, no-obligation consultation. Its jam-packed full of answers for your case. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law life, limb, or property?. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? In Virginia, you have the automatic right to appeal any finding by the general district court. Reckless driving sentence - Virginia - Keefer Law Firm Rock and read Annual event encourages reading +4; Mar 2, 2023 In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. Out of state drivers face the same reckless driving penalties as Virginia drivers. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Jayson Werth of Washington Nationals pleads guilty to reckless driving 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. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. 3437 W. Cary St. Richmond, VA 23221 During this hearing, the judge will tell you the date of your trial, and advise you of your rights. 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. A lawyer can question any witnesses and make arguments on your behalf. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. When you plead guilty, you are agreeing to a criminal recordfor life. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. 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. Reckless driving remains on your Virginia driving record for 11 years. Reckless Driving FAQs | Frequently Asked Questions Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. For this reason, you should always speak carefully with officers during traffic stops. 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. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Email:info@weilandfirm.com It is only a promise that you will be in court. Instead, you are asked to sign the summons, which is a promise to appear in court. You only have 10 days to file the paperwork with your local Circuit Court. This can help show the judge that youre taking steps to fix the problem. Initiating the process is quite simple. Also, under most circumstances, speeding carries a maximum penalty of $250. These penalties are commonly referred to as collateral consequences. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. 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. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Initiating the process is quite simple. 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. 6 Reasons a Lawyer Should Fight Your Ticket. Alvin Kamara, Chris Lammons plead not guilty to battery charges While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. The judge then listens to the evidence. your lawyer may argue for one of two options. 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. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. 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. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. Andrew wrote the book on DWI. However, the costs can change based on the details of your case. Signing the summons is a good strategy to avoid these negative consequences. 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. 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. And in many Northern Virginia jurisdictions (like Fairfax County), the . Copyright The Reckless Driving Lawyers 2023. I will carefully review the facts of your case in determining how best to reach your goal. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Georgia's Reckless Driving Laws and Penalties Instead, you are asked to sign the summons, which is a promise to appear in court. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. To explore your options, contact the firm at 908-643-6801 or via email to . Your home states laws will determine whether any offense will apply to your driving record there. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. 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, most first-time offenders can avoid jail by instead performing community service. We respond to all communications within one business day. 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.

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