In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. . While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. This could have a negative impact on future prospects, including employment. One is to get your speedometer calibrated at a Virginia auto shop. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. However, you should note that youll never receive a ticket for improper driving.. If a death occurs as a result of racing, you will be charged with a class 6 felony. Then the court hears from the officer. 468 Investors Pl, Suite 202A This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. You cannot simply mail in the ticket. 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. . In many cases, I can handle your case through discussions over the phone and email. The final plea that would normally be entered is guilty. Reckless driving; general rule. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. 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.. But generally, reckless driving is a misdemeanor. There are reasons why no self-respecting lawyer would do this to his or her client. We recommend them without reservation to anyone looking for business law services. We respond to all communications within one business day. Email:info@weilandfirm.com There are two ways to commit reckless driving: you can either. The penalties aren't as severe as in a DUI in Virginia. You may be able to enter into a plea agreement to plead guilty to a much less serious offense that does not include the harsh penalties of a reckless driving conviction or that may not result in a criminal record. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Complete the form below to receive a free consultation. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. That could involve pleading to a "wet reckless.". The trial itself will be conducted in the same general fashion as your first trial. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Fill out the form below and well be in touch within 1 business day! How Do I Fight A Reckless Driving Charge in Virginia? . When you plead guilty, you are agreeing to a criminal recordfor life. 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. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. 11815 Fountain Way, Suite 300 Reckless driving remains on your Virginia driving record for 11 years. You only have 10 days to file the paperwork with your local Circuit Court. Phone: (757) 260-5996. 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. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. He can arrest you and take you to the police station for booking as a result. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. . Your case gets called and the judge asks you how you plead. I wouldnt be in school right now if it wasnt for Jacob and his team. 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. Seek competent legal counsel for advice on any legal matter. How is this possible? The other choice of plea would be no contest. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. Failing to do so is a separate crime, which can result in even more penalties. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. 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. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. However, you should still speak with an attorney to double check this information. In Virginia, you have the automatic right to appeal any finding by the general district court. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. 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. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . During this hearing, the judge will tell you the date of your trial, and advise you of your rights. 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. You were driving unsafely, or at an unsafe speed. We provide free consultations for cases in our area. You could be sentenced to jail if you are convicted of reckless driving. 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 cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. Hampton, VA 23663 Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. I will carefully review the facts of your case in determining how best to reach your goal. In some states, certain acts are automatically considered reckless, such as: 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. Call our Manassas office or start a live chat today to schedule your free consultation to learn how we will aggressively fight for your rights. 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. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. 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. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. 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. You are not pleading guilty to reckless driving by signing the summons. Reckless driving means driving a car while willingly disregarding the safety of property and people. Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. However, the easiest is to simply avoid driving over 80 miles per hour. However, the costs can change based on the details of your case. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. 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. life, limb, or property?. Well, you guys treat people well. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. However, you can appeal the outcome of your case and receive a new trial with a different judge. 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. Out of state drivers face the same reckless driving penalties as Virginia drivers. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. Reckless driving is a class B misdemeanor in Utah. But the problem is that I cant know if the Commonwealth has their evidence in your case unless Ive looked at all the evidence and talked with the officer and talked with the prosecutor and then, and only then, will we know what plea we should enter. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. That is why it is so important that you work with a knowledgeable reckless driving attorney. These penalties are commonly referred to as collateral consequences. You explain to the court that you were not distracted when you hit the other vehicle. 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. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 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. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. What is a standard custody agreement in Virginia? 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. Schedule your consultation today and lets talk about what we can do for you! The DMV will also apply between three and six demerit points to your license. Reckless Driving is not a traffic infraction, it is a misdemeanor. However, the law was repealed a year later, and this is no longer a potential consequence. Some judges, for example, will not dismiss or reduce a reckless driving charge to a lesser offense against a defendant who pleads not guilty and then asks the court for leniency after the judge finds that the facts established at trial support a conviction. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. In return, the court will offer you a plea deal for this much lower offense. However, most first-time offenders can avoid jail by instead performing community service. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Were a Richmond, Virginia law firm with clients from around the world. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Possibly. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. Phone: (757) 387-1000, Hampton Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Initiating the process is quite simple. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Second, discuss with your attorney whether you should take a driver education or driver improvement course. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? Virginia Traffic Court: Should I plead No Contest or Guilty? For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. Its the most-reviewed Virginia reckless driving resource on Amazon.com. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. 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. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. 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. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. When you plead guilty, you are agreeing to a criminal recordfor life. Jacob has been our lawyer for 3 years now and he is excellent. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. You can also ask for a jury trial, but you may have to pay the costs for it. All Rights Reserved. Yes. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Well outline the basics of each of these penalties below. I am happy to work with you based on your convenience. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. A DUI charge stays on your criminal and DMV record. To explore your options, contact the firm at 908-643-6801 or via email to . 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. 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. 29 S Mallory St, Suite 206 Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . 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. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. And in most states, this is not admissible in civil proceedings. Home; Practice Areas .