Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. Additional penalties for failing to appear may also apply. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. However, most first-time offenders can avoid jail by instead performing community service. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. While the judge may appreciate your candor, it is still an admission of guilt. 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. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. These penalties are commonly referred to as collateral consequences. In some states, certain acts are automatically considered reckless, such as: A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. Holcomb Law, P.C. 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. If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. 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. Its judgment time. 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. . If youre charged with reckless driving, consult a lawyer immediately. Phone: (757) 317-1000, Newport News Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. When you plead guilty, you are agreeing to a criminal recordfor life. If we can't help, we'll do our best to connect you with someone who can. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. . Virginia Traffic Court: Should I plead No Contest or Guilty? Additionally, you may never even need to enter a courtroom. Well outline the basics of each of these penalties below. All rights reserved. Your home states laws will determine whether any offense will apply to your driving record there. 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law But of course we cant know for sure until we talk with the officer and any other witnesses. 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. Its jam-packed full of answers for your case. Jacob has been our lawyer for 3 years now and he is excellent. Is Now the Time to Request Your Virginia Driving Record? Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Neck injury? Reckless Driving? You are beside yourself! By providing the officer on scene with additional details, you increase the chance of self-incrimination. Confidential or time-sensitive information should not be sent through this form. However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. And in many Northern Virginia jurisdictions (like Fairfax County), the . During this hearing, the judge will tell you the date of your trial, and advise you of your rights. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. What is Constructive Desertion in Virginia. 29 S Mallory St, Suite 206 The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. In Virginia, you have the automatic right to appeal any finding by the general district court. You always look for a way to help your clients. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. 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, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. 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. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. Testimonials & Reviews: Our Clients Words. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. 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. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. The problem is that question depends upon all the facts and circumstances of your case. A lawyer can question any witnesses and make arguments on your behalf. You could also ask your attorney if youve already hired one. License suspension is mandatory for a . In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. There are several ways to avoid reckless driving charges in Virginia. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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. One very common example of charge bargaining in Virginia relates to reckless driving. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. 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. The judge then listens to the evidence. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. You could be sentenced to jail if you are convicted of reckless driving. Reckless Driving is not a traffic infraction, it is a misdemeanor. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? . Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. What Is The Virginia Difference Between Misdemeanor & Felony DUI? 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. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. 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. Our special report about driving on suspended explains six critical issues to possibly fight in your case. If the date is further out, then it is likely your actual trial date. How Much Does a Virginia Reckless Driving Lawyer Cost? Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. However, a wet reckless charge does not. Contact us to see what we can do for you. Free for Personal Injury & Criminal Defense Only. Schedule your consultation today and lets talk about what we can do for you! 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. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. The higher your speed, the more likely jail time becomes. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. As the saying goes, anything you say can and will be used against you in a court of law. A person can be charged with reckless driving if he is driving 20 miles per hour over . Reckless driving; general rule. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. Am I pleading guilty if I sign a reckless driving ticket? Instead, you are asked to sign the summons, which is a promise to appear in court. In Virginia, this is more typically called a no contest plea. (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 . This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. Home; About. FREE Virginia DUI/DWI Arrest Survival Guide! In many cases, I can handle your case through discussions over the phone and email. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. the same criminal penalties as reckless driving. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. 6 Reasons a Lawyer Should Fight Your Ticket. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. 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, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? And in most states, this is not admissible in civil proceedings. 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. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. 41-6a-528 Reckless driving -- Penalty. Pleading No Contest in Virginia Is the Same as Pleading Guilty. 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. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. 888-DUI-LWYR | 703-361-6100. Often, a conviction also affects government security clearances and contract eligibility for military or law enforcement personnel, and must be disclosed when applying for U.S. citizenship.

Schlotzsky's Rye Bread Nutrition, How To Spot A Collapsed Narcissist, Articles P