"Mr. Wilson is unbelievably knowledgeable and professional. When you plead guilty, you are agreeing to a criminal recordfor life. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine.
Waterville councilmember pleads guilty to reckless driving and lying to An attorney experienced with VA reckless driving defense can help you prevent that outcome. 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. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Neck injury? Reckless Driving? You are beside yourself! Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. GET DIRECTIONS. No. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. 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. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. I work with all clients to understand their desired result.
Reckless Driving VA | Reckless Driving First Offense Attorneys VA Fax: (804) 355-8875 He has been great for us, the very best. 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. Motorists who cause severe injuries to another person while . Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. Remember, failing to show up to your court date can lead to additional charges. Instead, you are asked to sign the summons, which is a promise to appear in court. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Well outline the basics of each of these penalties below. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Here is what you are agreeing to when you sign the summons: If you refuse to sign the reckless driving summons, the police officer may assume that you will not appear in court and has the discretion to arrest you and take you to the police station to be booked. 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 driver's civil attorney may try to use that plea against you as an admission of guilt. Anyone may represent himself or herself in any criminal case, but it is not generally advised. If I Date Someone Else While Separated, Is it Adultery in Virginia? In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. The Commonwealth of Virginia defines reckless driving in many different ways. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. He hears from the driver of the other vehicle. In Virginia, this is more typically called a no contest plea.
Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC While an officer can arrest you for the offense, they usually do not. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. 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. License suspension is mandatory for a . Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. If you get stopped and you get charged with a crime, call a lawyer! . Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. If we can't help, we'll do our best to connect you with someone who can. There are several ways to avoid reckless driving charges in Virginia. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. You understand that if you fail to attend your court hearing, you could be arrested. However, the easiest is to simply avoid driving over 80 miles per hour. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. 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. Copyright The Reckless Driving Lawyers 2023. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. 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. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. 29 S Mallory St, Suite 206 Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license.
How to Get Reckless Driving Dismissed | Legal Beagle No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. If you are found guilty or plead guilty, you will have a criminal conviction on your record. The outcome of any trial is not certain. Speeding tickets are traffic infractions, not misdemeanors. Your Virginia reckless driving defense attorney can help you accomplish this. How Long Does a Reckless Driving Stay on Record in Virginia? If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. 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. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Testimonials & Reviews: Our Clients Words. There are reasons why no self-respecting lawyer would do this to his or her client. 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. For example, if a reckless driving conviction puts you over eight points in one year, or twelve points within two years, you will lose your license. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. The abusive driver laws in Virginia were recently repealed. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you to remain free until your case is decided. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Mr. Wilson is a true professional. 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 defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. A person can be charged with reckless driving if he is driving 20 miles per hour over . Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. 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.
What Happens if You Get a Speeding Ticket in Virginia? For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Can I Appeal My Virginia Reckless Driving Charge? 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. The hearing is where you will bring to light all the information presented in the police report.
Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. 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. Reckless driving is a class 1 misdemeanor. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. In Virginia, you have the automatic right to appeal any finding by the general district court. What are the chances of reducing the ticket?
How to Get Reckless Driving Reduced to Improper Driving in Virginia 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. In return, the court will offer you a plea deal for this much lower offense. This could have a negative impact on future prospects, including employment. That is why it is so important that you work with a knowledgeable reckless driving attorney. 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. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. If the date is further out, then it is likely your actual trial date. What Happens if You Get a Speeding Ticket in Virginia? One is to get your speedometer calibrated at a Virginia auto shop. This was a minor accident. And finally its your turn to testify. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. At most, improper driving will result in a $500 fine and three points on your license. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. While an officer can arrest you for the offense, they usually do not. Speeding is a traffic infraction, and it doesn't carry jail time. Finally, your attorney can look into a possible amendment to Improper Driving. However, most first-time offenders can avoid jail by instead performing community service. 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.
Virginia Criminal Offense FAQs | The Wilson Law Firm There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. It typically has the same effect as a guilty plea.
What are the Consequences of a Reckless Driving Conviction? Initiating the process is quite simple. A DUI charge stays on your criminal and DMV record. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. Being proactive in your defense can go a long way, especially in cases of reckless by speed. A plea of no contest, on the other hand, contains no admission. Reckless Driving is a pretty serious charge. Phone: (757) 260-5996. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. However, Virginia will report the offense and any imposed suspension or points to your home state. However, there are certain guidelines you need to follow. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Virginia Traffic Court: Should I plead No Contest or Guilty? What Kind of Evidence Can Help in My Reckless Driving Case? Instead, you are asked to sign the summons, which is a promise to appear in court. Accidentally admitting to a crime during the stop will only negatively impact your case down the line.
Can I plead not guilty to a careless driving charge? We respond to all communications within one business day. 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. You are not pleading guilty by signing the summons. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. 41-6a-528 Reckless driving -- Penalty. Am I pleading guilty if I sign a reckless driving ticket? First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. 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. If you have any questions during the stop itself, ask the officer who issued you the ticket. Second, you should look into taking driver improvement courses prior to your trial. Virginia DUI and DWI; .
Pleading No Contest in Virginia Is the Same as Pleading Guilty While the judge may appreciate your candor, it is still an admission of guilt. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Newport News, VA 23606* 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. Andrew wrote the book on reckless driving. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. To explore your options, contact the firm at 908-643-6801 or via email to . As you can no doubt see, it this is not a decision to be made lightly. Hampton, VA 23663 Speak to one of our lawyers now to identify the right solutions. 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 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 your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. It doesnt take too much of an imagination to see yourself involved in a relatively minor accident at a traffic light on your way home from work. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. Andrew wrote the book on DWI. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Guilty is a little bit different than no contest. The trial itself will be conducted in the same general fashion as your first trial. This can be used against you in civil court. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. An attorney familiar with Virginias reckless driving laws can suggest defenses that may work for your circumstances such as obtaining a speedometer calibration, presenting evidence of a medical emergency, or completing community service to demonstrate remorse for your actions. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. Call Free Consultation (703) 350-4877. Depending on your state, either the judge or a jury will make a final decision. 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. These relationships serve as a benefit in navigating the best path forward for clients. 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. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. 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. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Possibly. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. The Virginia Appeals Process. You must answer the ticket in the same way as in-state offenders. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. This is an informal hearing commonly known as arraignment. Home; Practice Areas .
In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. 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.
Reckless Driving in Virginia: The Ultimate Guide - Tingen Law, PLLC Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. 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.
Reckless Driving Lawyer Virginia - Criminal Defense Law Firm You can also ask for a jury trial, but you may have to pay the costs for it. How Much Does a Virginia Reckless Driving Lawyer Cost? Even with all this helpful information, sometimes you just need to talk. Visit our site today for more information. 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.. However, you should still speak with an attorney to double check this information. Were a Richmond, Virginia law firm with clients from around the world. Phone: (757) 317-1000, Newport News
How Should I Plead In My Traffic Case? - Andrew Flusche you can avoid going to court altogether by entering a guilty plea and waiving your traffic . Jacob is the Managing Partner of Tingen Law.
Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. 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.
Reckless Driving FAQs | Frequently Asked Questions Please call today to schedule a free, no-obligation consultation. 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.
46.2-852. Reckless driving; general rule - Virginia 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. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving.
46.2-868. Reckless driving; penalties - Virginia A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Contactme today to discuss your cases facts to determine the best option for you! However, the law was repealed a year later, and this is no longer a potential consequence. If you qualify for a court-appointed attorney, the judge will also let you know on this day. 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. This field is for validation purposes and should be left unchanged. Rock and read Annual event encourages reading +4; Mar 2, 2023 If youre charged with reckless driving, consult a lawyer immediately. If your speedometer was off in your favor this could be used to mount your defense. EVER. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? Jacob has been our lawyer for 3 years now and he is excellent. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Andrew Lindsey; . And this same decision process is just as important, if not more important, when dealing with other traffic offenses such as DUI/DWI or Hit & Run.