Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. Andrew wrote the book on reckless driving. If you qualify for a court-appointed attorney, the judge will also let you know on this day. Well outline the basics of each of these penalties below. No. The judge explains that he listened to you and all other witnesses intently. 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. Additional penalties for failing to appear may also apply. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. We recommend them without reservation to anyone looking for business law services. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. In general, first-time offenders can expect a fine, points on their license, and possibly jail 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. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. 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. 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. 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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Possibly. The trial itself will be conducted in the same general fashion as your first trial. These shops should be able to provide you with a calibration sheet that can be used in Court. Newport News, VA 23606* As with license suspension, the final decision falls to the judge presiding over your case. 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. It will tell you the date, time, and location of your hearing. Hes sorry, he tells you, but he has no choice but to find you guilty. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. Virginia Criminal Offense FAQs | The Wilson Law Firm 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. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. Virginia Reckless Driving: Out of State Drivers. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. For this reason, you should always speak carefully with officers during traffic stops. Waterville councilmember pleads guilty to reckless driving and lying to police. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Virginia DUI and DWI; . Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. If you have any questions during the stop itself, ask the officer who issued you the ticket. Virginia Beach, VA 23452* you can avoid going to court altogether by entering a guilty plea and waiving your traffic . The document that the police officer would hand you when charging you with reckless driving is a summons 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. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. 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. Contact the office today for a consultation with our Criminal Defense Attorneys regarding your reckless driving charge to learn how we can help you in courts across Northern Virginia. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. If youre charged with reckless driving, consult a lawyer immediately. You are not pleading guilty to reckless driving by signing the summons. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. It is in your best interest to have a Virginia attorney who is experienced in reckless driving laws file the appeal for you and represent you throughout the process. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Guilty is a little bit different than no contest. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. 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! 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. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. This is because most states subscribe to the Interstate Drivers License Compact. In order to make a reckless driving charge stick, the state has to prove the following things beyond reasonable doubt: If the judge has a reason to doubt either of those facts, you can move to get your case dismissed. Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. 888-DUI-LWYR | 703-361-6100. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. I am happy to work with you based on your convenience. Second, you should look into taking driver improvement courses prior to your trial. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. The higher your speed, the more likely jail time becomes. 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. This could have a negative impact on future prospects, including employment. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. How Long Does a Reckless Driving Stay on Record in Virginia? If you have any questions, please contact our firm at (804) 355-8037. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. However, the most common reason for a reckless driving charge is speed. 41-6a-528 Reckless driving -- Penalty. Making a good impression on the judge is especially helpful in this regard. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. GET DIRECTIONS. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Is Now the Time to Request Your Virginia Driving Record? However, a wet reckless charge does not. Avoiding jail time. He can arrest you and take you to the police station for booking as a result. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 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. 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. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. 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. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the 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. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. You understand that if you fail to attend your court hearing, you could be arrested. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. What is a standard custody agreement in Virginia? 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. 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., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . If you get stopped and you get charged with a crime, call a lawyer! 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. In many cases, I can handle your case through discussions over the phone and email. 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. You could also ask your attorney if youve already hired one. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Call our Fairfax law office or start an online chat to schedule a free consultation today. 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. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. the same criminal penalties as reckless driving. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. That is why it is so important that you work with a knowledgeable reckless driving attorney. No. Also, under most circumstances, speeding carries a maximum penalty of $250. Jayson Werth of Washington Nationals pleads guilty to reckless driving You are not pleading guilty by signing the summons. You only have 10 days to file the paperwork with your local Circuit Court. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. The Notice of Appeal form will list a date . The DMV will also apply between three and six demerit points to your license. 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." . Seek competent legal counsel for advice on any legal matter. Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. 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. What are the Advantages of Taking a Plea Deal in Virginia? He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. 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.
Is Fiona Jones Escape To The Chateau Married,
Nesquehoning Pa Obituaries,
Articles P