He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. In some states, certain acts are automatically considered reckless, such as: as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. 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. No. 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. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? 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. 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 If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Instead, the maximum penalty for speeding is usually only a $250 fine. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. 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. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. 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. Instead, you are asked to sign the summons, which is a promise to appear in court. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Initiating the process is quite simple. If you are found guilty or plead guilty, you will have a criminal conviction on your record. One is to get your speedometer calibrated at a Virginia auto shop. In many cases, I can handle your case through discussions over the phone and email. Phone: (757) 387-1000, Hampton Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Remember, failing to show up to your court date can lead to additional charges. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. However, a wet reckless charge does not. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Virginia Reckless Driving: Out of State Drivers. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. . It will tell you the date, time, and location of your hearing. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. The other choice of plea would be no contest. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. "Excellent teamwork, professional staff, and caring environment." If you get stopped and you get charged with a crime, call a lawyer! Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. One very common example of charge bargaining in Virginia relates to reckless driving. 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 Many Virginia jurisdictions no longer permit wet reckless driving pleas. Make sure to always attend any court dates relating to your reckless driving charge. If convicted, youll usually receive a relatively large fine. 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. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. All Rights Reserved. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Reckless driving is a Class 1 misdemeanor in Virginia. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. However, you should still speak with an attorney to double check this information. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding. Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. 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. In general, you should expect to pay around $350-$500. Virginia Traffic Court: Should I plead No Contest or Guilty? Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. What are the chances of reducing the ticket? Your appeal will be heard de novo in circuit court. The Virginia Appeals Process. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law What gives me the shivers and a cold sweat is seeing a pro se defendant (no lawyer) walk up to the front of the room and plead guilty to Reckless Driving, a Class 1 Misdemeanor, without a fight. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Depending on your state, either the judge or a jury will make a final decision. We go above and beyond in order to provide our clients with the best possible representation. Reckless driving is a class 1 misdemeanor. Fax: (804) 355-8875 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. Newport News, VA 23693 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. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. 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.. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Basically, you want to show the court that youve made efforts to correct your behavior, and that there is a low risk of a repeat offense. As you can no doubt see, it this is not a decision to be made lightly. The 10 day timeline includes weekends and holidays. You can also ask for a jury trial, but you may have to pay the costs for it. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. That means that it will be a complete do-over and the judge will hear the case as if it were not brought before any previous court. 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. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. However, the most common reason for a reckless driving charge is speed. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. This could have a negative impact on future prospects, including employment. 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. You will be given a court date, and it is extremely important that you appear when you are supposed to. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. However, a reckless driving ticket isnt the end of the world. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. 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. However, you should note that youll never receive a ticket for improper driving.. 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. 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. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. There are two ways to commit reckless driving: you can either. Speak to one of our lawyers now to identify the right solutions. Andrew wrote the book on DWI. The trial itself will be conducted in the same general fashion as your first trial. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Complete the form below to receive a free consultation. 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. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Is Now the Time to Request Your Virginia Driving Record? He can arrest you and take you to the police station for booking as a result. 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. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? 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. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. 41-6a-528 Reckless driving -- Penalty. Conviction of felony reckless driving causing death results in a license suspension of 1 to 3 years as well as a prison sentence of up to 20 years. In Virginia, you have the automatic right to appeal any finding by the general district court. 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. 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. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Anyone may represent himself or herself in any criminal case, but it is not generally advised. The hearing is where you will bring to light all the information presented in the police report. . Schedule your consultation today and lets talk about what we can do for you! As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. 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. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. 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. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. A person can be charged with reckless driving if he is driving 20 miles per hour over . Reckless driving is a crime. It happens to the best of us. First, look at the charges or law section part of the ticket. Avoiding jail time. This video explains a little about the different plea options and how we decide together what you should plead. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. Can I Appeal My Virginia Reckless Driving Charge? If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. 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. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. If your speedometer was off in your favor this could be used to mount your defense. Seek competent legal counsel for advice on any legal matter. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. You are not pleading guilty to reckless driving by signing the summons. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. How do I plead? you think to yourself. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. FAIRFAX, Va. -- Washington Nationals outfielder Jayson Werth has pleaded guilty to reckless driving and has been sentenced to five days in jail for driving 105 mph on the Capital Beltway. 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. Pleading to less serious charges. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. The higher your speed, the more likely jail time becomes. Showing the court evidence of this may also help your case. The 10 day timeline includes weekends and holidays. 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. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. 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. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Your home states laws will determine whether any offense will apply to your driving record there. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. 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. Reckless driving is a class B misdemeanor in Utah. Your Virginia reckless driving defense attorney can help you accomplish this. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. 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. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. A Quick Guide to Virginias Hit and Run Laws. When you make a mistake and you cut your arm, please call a doctor. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. When you plead guilty, you are agreeing to a criminal recordfor life. Instead, you are asked to sign the summons, which is a promise to appear in court. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date.