pleading guilty to reckless driving in virginia

In return, the court will offer you a plea deal for this much lower offense. You only have 10 days to file the paperwork with your local Circuit Court. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. Your appeal will be heard de novo in circuit court. 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. 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. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . He has been great for us, the very best. But generally, reckless driving is a misdemeanor. 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. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. 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. Virginia DUI and DWI; . Yes. You must answer the ticket in the same way as in-state offenders. 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. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. The Virginia Appeals Process. 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. For this reason, you should always speak carefully with officers during traffic stops. 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 other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. You make your appearance in court on the designated court date. 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. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. So, what to do? 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. 2023 Simms Showers, LLP. He can arrest you and take you to the police station for booking as a result. FREE Virginia DUI/DWI Arrest Survival Guide! Accidentally admitting to a crime during the stop will only negatively impact your case down the line. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Being proactive in your defense can go a long way, especially in cases of reckless by speed. 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. 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. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. ", "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. If youre charged with reckless driving, consult a lawyer immediately. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Additional penalties for failing to appear may also apply. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. By signing the summons, you are promising to attend your court hearing in your criminal case. 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 some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. 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. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. These relationships serve as a benefit in navigating the best path forward for clients. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. 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. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. Call our Fairfax law office or start an online chat to schedule a free consultation today. Youre left stunned. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. However, you should still speak with an attorney to double check this information. Jacob has been our lawyer for 3 years now and he is excellent. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper 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. You also cannot appeal if you plead guilty to the reckless driving charge or a reduced charge, because pleading guilty automatically waives your right to appeal. But that's only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. 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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Well, you guys treat people well. 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. Jacob is the Managing Partner of Tingen Law. The abusive driver laws in Virginia were recently repealed. First, look at the charges or law section part of the ticket. 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. 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. The judge then listens to the evidence. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. 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. three and six demerit points to your license. 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. 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. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. Reckless driving is a Class 1 misdemeanor in Virginia. 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. This is unbelievable, you think to yourself. You will be given a court date, and it is extremely important that you appear when you are supposed to. Reckless driving, unsafe passing . This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. Initiating the process is quite simple. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. The Virginia Code defines a number of actions as reckless driving. Yes. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. You are not pleading guilty by signing the summons. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. life, limb, or property?. Keep in mind that you can be arrested even if you sign the ticket if the officer has other reasons to believe that you will not attend your court hearing. A person can be charged with reckless driving if he is driving 20 miles per hour over . In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. I work with all clients to understand their desired result. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. All Rights Reserved. If the date is further out, then it is likely your actual trial date. Andrew wrote the book on reckless driving. Virginia laws do not statutorily define wet and reckless driving. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. 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. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Andrew Lindsey; . Phone: (757) 260-5996. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. . Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. 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. Hampton, VA 23663 The hearing is where you will bring to light all the information presented in the police report. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Now its the courts turn. However, the law was repealed a year later, and this is no longer a potential consequence. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. Email:info@weilandfirm.com One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. This is why its super important, if you have any kind of traffic case, whether its reckless driving or speeding or DUI or driving on a suspended license, to talk with a traffic attorney. One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. These penalties are commonly referred to as collateral consequences. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. 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. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. Please call today to schedule a free, no-obligation consultation. Our special report about driving on suspended explains six critical issues to possibly fight in your case. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. You can protect your future by talking with an experienced Virginia criminal defense lawyer before pleading guilty or accepting a plea offered by the prosecutor. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. I wouldnt be in school right now if it wasnt for Jacob and his team. 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. 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. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. Reckless driving is a Class 1 misdemeanor in Virginia. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Reckless Driving is not a traffic infraction, it is a misdemeanor. In most cases, you can resolve them by simply paying the associated fine online. What are the Consequences of a Reckless Driving Conviction? 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. The outcome of any trial is not certain. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. 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. You could be sentenced to jail if you are convicted of reckless driving. By the time you realized they had not gone forward upon the light turning green it was too late and you made minor impact with the other vehicle. You were driving unsafely, or at an unsafe speed. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. You are not pleading guilty to reckless driving by signing the summons. This field is for validation purposes and should be left unchanged. What Happens to My Health Insurance Benefits During Divorce in Virginia? This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. . Reckless driving is a class B misdemeanor in Utah. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. . Mr. Wilson is a true professional. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. License suspension is mandatory for a .

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