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. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. The penalties aren't as severe as in a DUI in Virginia. This video explains a little about the different plea options and how we decide together what you should plead. The 10 day timeline includes weekends and holidays. 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. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. All Rights Reserved. It will tell you the date, time, and location of your hearing. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Confidential or time-sensitive information should not be sent through this form. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. In general, you should expect to pay around $350-$500. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. Reckless Driving FAQs | Frequently Asked Questions By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. It typically has the same effect as a guilty plea. Its a no-brainer. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. To explore your options, contact the firm at 908-643-6801 or via email to . What Happens if You Get a Speeding Ticket in Virginia? Showing the court evidence of this may also help your case. The officer testifies that he did not see any tire marks to indicate braking, which led him to believe that you were distracted and did not brake before impacting the other vehicle. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. Your home states laws will determine whether any offense will apply to your driving record there. But of course we cant know for sure until we talk with the officer and any other witnesses. Even if you live in another state, you might have to show up in the Virginia court listed on your ticket on your assigned day. This was a minor accident. And finally its your turn to testify. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. 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. You should know that dry reckless is different from wet reckless. Mr. Wilson is a true professional. These relationships serve as a benefit in navigating the best path forward for clients. That could involve pleading to a "wet reckless.". The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. First, look at the charges or law section part of the ticket. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. 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Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . 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. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm We provide free consultations for cases in our area. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. 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 drivers civil attorney may try to use that plea against you as an admission of guilt. Possibly. The Notice of Appeal form will list a date . How Should I Plead In My Traffic Case? - Andrew Flusche 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. three and six demerit points to your license. Seek competent legal counsel for advice on any legal matter. 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. 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. What Happens if You Get a Speeding Ticket in Virginia? failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Alvin Kamara, Chris Lammons plead not guilty to battery charges Virginia courts penalize reckless driving as aClass 1 misdemeanor. Then the court hears from the officer. However, most first-time offenders can avoid jail by instead performing community service. 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. 6 Reasons a Lawyer Should Fight Your Ticket. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. 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. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Do you know how hard it is to find a lawyer that you can trust? Youre left stunned. How to Get Reckless Driving Reduced to Improper Driving in Virginia So, what to do? Were you or a family member charged with reckless driving in Virginia? Well, you guys treat people well. No. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. 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. In Virginia, you have the automatic right to appeal any finding by the general district court. Pleading a wet and reckless driving charge may only be available for first-time offenders. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. If I Date Someone Else While Separated, Is it Adultery in Virginia? Reckless Driving in Virginia: The Ultimate Guide - Tingen Law, PLLC . As you can no doubt see, it this is not a decision to be made lightly. Class 1 Misdemeanor: Driving Under the Influence (DUI), 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. Speaking to an attorney allows you to explore your specific circumstances surrounding your charge including but not limited to possible defenses, weaknesses in your case, reduced punishments, and even a reduced charge given your criminal and driving history. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Call Free Consultation (703) 350-4877. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Call our Fairfax law office or start an online chat to schedule a free consultation today. Guilty is a little bit different than no contest. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Is Now the Time to Request Your Virginia Driving Record? 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 go above and beyond in order to provide our clients with the best possible representation. Now its the courts turn. If you have any questions during the stop itself, ask the officer who issued you the ticket. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. 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. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. Virginia DUI and DWI; . 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. 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. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Your Virginia reckless driving defense attorney can help you accomplish this. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. 888-DUI-LWYR | 703-361-6100. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. The hearing is where you will bring to light all the information presented in the police report. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. This means that it carries the same criminal penalties as reckless driving. Top Questions to Ask a Virginia Reckless Driving Attorney. Reckless driving is a crime. This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. What are the Consequences of a Reckless Driving Conviction? 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. The trial itself will be conducted in the same general fashion as your first trial. However, there are certain guidelines you need to follow. If you qualify for a court-appointed attorney, the judge will also let you know on this day. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. I plead not guilty, your honor, you stammer. 2023 Simms Showers, LLP. Signing the summons is a good strategy to avoid these negative consequences. life, limb, or property?. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. You will be given a court date, and it is extremely important that you appear when you are supposed to. If a death occurs as a result of racing, you will be charged with a class 6 felony. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. 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.
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