2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. This field is for validation purposes and should be left unchanged. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . 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. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. First, look at the charges or law section part of the ticket. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. He has been great for us, the very best. 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 DMV will also apply between three and six demerit points to your license. 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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. What are the Advantages of Taking a Plea Deal in Virginia? Virginia Traffic Court: Should I plead No Contest or Guilty? . Well, you guys treat people well. 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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Pleading to less serious charges. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. 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. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. 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. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. 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. He can arrest you and take you to the police station for booking as a result. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. How Much Does a Virginia Reckless Driving Lawyer Cost? . 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. I will carefully review the facts of your case in determining how best to reach your goal. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. Complete the form below to receive a free consultation. Even with all this helpful information, sometimes you just need to talk. You make your appearance in court on the designated court date. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. In Virginia, this is more typically called a no contest plea. Reckless driving sentence - Virginia - Keefer Law Firm 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. The judge explains that he listened to you and all other witnesses intently. Virginia Criminal Offense FAQs | The Wilson Law Firm Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law Virginia courts penalize reckless driving as aClass 1 misdemeanor. Notwithstanding your utter disagreement with the judges ruling, you explain to his or her honor that you have a perfect driving record and this is the first accident youve ever been involved in and youd like the court to consider reducing this to something less serious than reckless driving. 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. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. No. Fill out the form below and well be in touch within 1 business day! Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. 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. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. Phone: (757) 260-5996. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. 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. 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. EVER. 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. Anyone may represent himself or herself in any criminal case, but it is not generally advised. 29 S Mallory St, Suite 206 . Yes. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. Virginia Beach, VA 23452* Can I Appeal My Virginia Reckless Driving 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. 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. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. In general, you should expect to pay around $350-$500. Reckless driving; general rule. Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. That could involve pleading to a "wet reckless.". 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. But of course we cant know for sure until we talk with the officer and any other witnesses. Georgia's Reckless Driving Laws and Penalties Guilty is a little bit different than no contest. How Should I Plead In My Traffic Case? - Andrew Flusche This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. These penalties are commonly referred to as collateral consequences. I wouldnt be in school right now if it wasnt for Jacob and his team. If youre charged with reckless driving, consult a lawyer immediately. I had this video transcribed for visitors who prefer to read the content. . Utah's Reckless and Driving Laws and Penalties They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. 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 this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. What Kind of Evidence Can Help in My Reckless Driving Case? 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. In return, the court will offer you a plea deal for this much lower offense. In this circumstance, the nature of your charge is the same, but the procedure in the United States District Court for the Eastern District of Virginia is slightly different. I plead not guilty, your honor, you stammer. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. 41-6a-528 Reckless driving -- Penalty. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. A person can be charged with reckless driving if he is driving 20 miles per hour over . You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. I am happy to work with you based on your convenience. 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. 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. Therefore, even if you do not get jail or a large fine, you will still end up with a criminal record, which can affect many areas of your life including immigration status, security clearance, and background checks for employment. When you plead guilty, you are agreeing to a criminal recordfor life. 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. 2023 Charles V. Hardenbergh, PC, All Rights Reserved, Reproduced with Permission, DUI/DWI Arrest Survival Guide The Guilt Myth, The Secret Truth about how to win a Virginia Expungement Case, Virginia Reckless Driving Sentence Estimator, 5 Mistakes to Avoid When Preparing for Court, Why You Shouldnt Pay Your Reckless Driving Ticket. It is only a promise that you will be in court. your lawyer may argue for one of two options. Your appeal will be heard de novo in circuit court. When you are asked by a college, a recruiter, or an employer for example, if you have a criminal record, you must truthfully answer yes. Indeed, pleading not guilty or no contest before such a judge could prove to be a very costly mistake, especially to a person concerned about the affect the reckless driving conviction could have on their driving record, auto insurance rates, employment, or driving privileges. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. 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. 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. These relationships serve as a benefit in navigating the best path forward for clients. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. If I Date Someone Else While Separated, Is it Adultery in Virginia? Jacob is the Managing Partner of Tingen Law. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. This can be used against you in civil court. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Waterville councilmember pleads guilty to reckless driving and lying to police. 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 . Virginia laws do not statutorily define wet and reckless driving. 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. 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. ", "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. Can I Appeal My Virginia Reckless Driving Charge? This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Visit our site today for more information. 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. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. The hearing is where you will bring to light all the information presented in the police report. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney Many Virginia jurisdictions no longer permit wet reckless driving pleas. Make sure to attend both your first appearance (if applicable) and your trial date. This is especially true for repeat offenders. 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. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Virginia Reckless Driving: Out of State Drivers. Can I plead not guilty to a careless driving charge? We provide free consultations for cases in our area. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. However, there are certain guidelines you need to follow. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. If you have any questions during the stop itself, ask the officer who issued you the ticket. While the judge may appreciate your candor, it is still an admission of guilt. An officer may arrest you for reckless driving if he or she observes you: No. Pleading a wet and reckless driving charge may only be available for first-time offenders. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Newport News, VA 23606* We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Am I pleading guilty if I sign a reckless driving ticket? Andrew Lindsey; . 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. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. The Virginia Code defines a number of actions as reckless driving. Reckless Driving is not a traffic infraction, it is a misdemeanor. Is Now the Time to Request Your Virginia Driving Record? Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. 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. So, what to do? 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. (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . Additional penalties for failing to appear may also apply. The final plea that would normally be entered is guilty. Plea Bargains in Virginia Reckless Driving Cases | Charles V Second, you should look into taking driver improvement courses prior to your trial. The judge then listens to the evidence. 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. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. 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. Possibly. Reckless driving, unsafe passing . Reckless driving is a class 1 misdemeanor. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Please call today to schedule a free, no-obligation consultation. By signing the summons, you are promising to attend your court hearing in your criminal case. Cody Adam Preugschat, 34, pleaded guilty Thursday in Douglas County Superior Court to reckless driving and making a false or misleading statement to a police officer. Well outline the basics of each of these penalties below. 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. This is unbelievable, you think to yourself. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. I am a Virginia traffic attorney. 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. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. 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. Do you know how hard it is to find a lawyer that you can trust? No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. You only have 10 days to file the paperwork with your local Circuit Court. This means that no matter how light the traffic and no matter how under control your vehicle, it is still reckless driving to drive 85 mph, even in a 70 mph zone, or 20 mph or more over the speed limit. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. And in many Northern Virginia jurisdictions (like Fairfax County), the . It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. Its judgment time. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Speak to one of our lawyers now to identify the right solutions. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. Even if you have already been found guilty of reckless driving, you may be able to appeal.