This means that it carries the same criminal penalties as reckless driving. life, limb, or property?. If convicted, youll usually receive a relatively large fine. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal 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. The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. Yes. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Many Virginia jurisdictions no longer permit wet reckless driving pleas. To explore your options, contact the firm at 908-643-6801 or via email to . An attorney experienced with VA reckless driving defense can help you prevent that outcome. Initiating the process is quite simple. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Pleading 'No Contest' in Virginia: What You Should Know However, Virginia will report the offense and any imposed suspension or points to your home state. The penalties aren't as severe as in a DUI in Virginia. Virginia DUI and DWI; . 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 addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. 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. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. 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. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Well, you guys treat people well. Reckless Driving in Virginia. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Were a Richmond, Virginia law firm with clients from around the world. I work with all clients to understand their desired result. How Do I Fight A Reckless Driving Charge in Virginia? Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. However, the costs can change based on the details of your case. Additional penalties for failing to appear may also apply. 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. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Out of state drivers face the same reckless driving penalties as Virginia drivers. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Fines: Class 1 misdemeanors carry a fine of up to $2,500. If you have any questions during the stop itself, ask the officer who issued you the ticket. Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. What are the Advantages of Taking a Plea Deal in Virginia? Being proactive in your defense can go a long way, especially in cases of reckless by speed. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Jayson Werth of Washington Nationals pleads guilty to 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. Anyone may represent himself or herself in any criminal case, but it is not generally advised. 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. However, you should still speak with an attorney to double check this information. 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." . This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. 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 is a crime. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. 468 Investors Pl, Suite 202A 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. 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. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. What Is The Virginia Difference Between Misdemeanor & Felony DUI? 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. Initiating the process is quite simple. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. All Rights Reserved. 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 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. At most, improper driving will result in a $500 fine and three points on your license. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Avoiding jail time. When you make a mistake and you cut your arm, please call a doctor. Reckless Driving is a pretty serious charge. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. A DUI charge stays on your criminal and DMV record. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. I am a Virginia traffic attorney. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. 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. Free for Personal Injury & Criminal Defense Only. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. 305 Harrison Street SE Third Floor Leesburg, Virginia 20175, 113 S. Kent Street Suite 201 Winchester, Virginia 22601, 9300 Grant Avenue Suite 101 Manassas, Virginia 20110-5069, 201 International Circle Suite 230 Hunt Valley, Maryland 21030, 10505 Judicial Drive Suite 206 Fairfax, Virginia 22030, 136 Professional Circle Williamsburg, Virginia 23185. Andrew wrote the book on DWI. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. How do I plead? you think to yourself. Pleading a wet and reckless driving charge may only be available for first-time offenders. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. The 10 day timeline includes weekends and holidays. This was a minor accident. And finally its your turn to testify. Phone: (757) 387-1000, Hampton However, a reckless driving ticket isnt the end of the world. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. 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. . Schedule your consultation today and lets talk about what we can do for you! Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. 46.2-852. Reckless driving; general rule - Virginia This lets you avoid criminal charges altogether in exchange for a much lower punishment, such as a small fine, community service, and/or mandatory driving classes. . 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. Well, in part its because you didnt consult with an attorney who has a very clear understanding of Virginia traffic law, the courts policies and the facts at hand. Neck injury? Reckless Driving? You are beside yourself! Georgia's Reckless Driving Laws and Penalties 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. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. 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. One is to get your speedometer calibrated at a Virginia auto shop. By providing the officer on scene with additional details, you increase the chance of self-incrimination. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Even if you have already been found guilty of reckless driving, you may be able to appeal. 3437 W. Cary St. Richmond, VA 23221 Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Andrew Lindsey; . Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. 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. 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. . They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. ", "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. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. We provide free consultations for cases in our area. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Finally, your attorney can look into a possible amendment to Improper Driving. Second, discuss with your attorney whether you should take a driver education or driver improvement course. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. I plead not guilty, your honor, you stammer. You could be sentenced to jail if you are convicted of reckless driving. The Notice of Appeal form will list a date you must appear in Circuit Court to either have a second trial or pick a new trial date. 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 office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Hampton, VA 23663 If you are found guilty or plead guilty, you will have a criminal conviction on your record. These penalties are commonly referred to as collateral consequences. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. He has been great for us, the very best. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. 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. Reckless driving; general rule. In Virginia, reckless driving is a criminal charge that can remain on your record and possibly interfere with your ability to get a job in the future. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. All rights reserved. Home; About. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. These shops should be able to provide you with a calibration sheet that can be used in Court. 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. The problem is that question depends upon all the facts and circumstances of your case. 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. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. This video explains a little about the different plea options and how we decide together what you should plead. 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. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. . GET DIRECTIONS. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Make sure to attend both your first appearance (if applicable) and your trial date. Reckless driving is a Class 1 misdemeanor in Virginia. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Contactme today to discuss your cases facts to determine the best option for you! How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. And in many Northern Virginia jurisdictions (like Fairfax County), the . If you get stopped and you get charged with a crime, call a lawyer! This is because most states subscribe to the Interstate Drivers License Compact. However, you should note that youll never receive a ticket for improper driving.. Call Free Consultation (703) 350-4877. Make sure to always attend any court dates relating to your reckless driving charge. Your Virginia reckless driving defense attorney can help you accomplish this. As you can no doubt see, it this is not a decision to be made lightly. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Maximum penalty: The way you would be guilty of a felony traffic offense in Virginia is if you are convicted of multiple DUI's in a short period of time. 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. Its jam-packed full of answers for your case. The statute sets up speeds at which the police officer or trooper can give you a Reckless Driving charge, regardless of how you are driving. 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. Reckless Driving in Virginia: What You Need To Know This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. What is Constructive Desertion in Virginia. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. What Happens if You Get a Speeding Ticket in Virginia? Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Furthermore, a reckless driving charge can come with a fine of up to $2,500, up to a year in jail, a license suspension for up to six months, and an increase in car insurance fees. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. The Notice of Appeal form will list a date . Saying NO to Breath Test COULD Incriminate You, YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LmtzWkluSGtoSjlr, Fighting No Insurance Tickets in Virginia, Talk to a Virginia Traffic Attorney BEFORE Going to Court. 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. The higher your speed, the more likely jail time becomes. What Happens to My Health Insurance Benefits During Divorce in Virginia? The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. That is why it is so important that you work with a knowledgeable reckless driving attorney. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. EVER. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. By signing the summons, you are promising to attend your court hearing in your criminal case. This is especially true for repeat offenders. 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. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. The next thing he remembers, he informs the court, is that his vehicle was rammed from behind and he had to be transported to the hospital because his neck was in pain. Virginia Traffic Court: Should I plead No Contest or Guilty? Failing to do so is a separate crime, which can result in even more penalties.