Phoenix, Arizona Missing Persons, Ncaa Gymnastics Rankings 2022, Bungalows For Sale Stourbridge By Taylors And Andrew Cole, Millhaven Institution Inmates List, David Hartman Wife, Articles P

This can help show the judge that youre taking steps to fix the problem. . 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. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. 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. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. Home; Practice Areas . However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. 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. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. License suspension is mandatory for a . 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. 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 some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. 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. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Confidential or time-sensitive information should not be sent through this form. Second, you should look into taking driver improvement courses prior to your trial. Jacob has been our lawyer for 3 years now and he is excellent. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. Reckless driving, unsafe passing . If you have any questions about the court date you should reach out to the Clerk of the court. Depending on your state, either the judge or a jury will make a final decision. Speak to one of our lawyers now to identify the right solutions. What Is a Wet Reckless in Virginia? If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. 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. Reckless driving is a crime. When you make a mistake and you cut your arm, please call a doctor. If you are found guilty or plead guilty, you will have a criminal conviction on your record. I work with all clients to understand their desired result. So, what to do? Instead, the maximum penalty for speeding is usually only a $250 fine. 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. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. This law firm website and legal marketing are managed by MileMark Media. Waterville councilmember pleads guilty to reckless driving and lying to Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. I plead not guilty, your honor, you stammer. 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. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Pleading No Contest in Virginia Is the Same as Pleading Guilty While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. 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. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Reckless Driving VA | Reckless Driving First Offense Attorneys VA Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. You are not pleading guilty to reckless driving by signing the summons. What are the Consequences of a Reckless Driving Conviction? Plea Bargains in Virginia Reckless Driving Cases | Charles V A plea of no contest, on the other hand, contains no admission. Reckless Driving in Virginia: What You Need To Know By signing the summons, you are promising to attend your court hearing in your criminal case. . Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Reckless driving is a class B misdemeanor in Utah. Home; About. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. 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. Please call today to schedule a free, no-obligation consultation. 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. life, limb, or property?. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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. 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. Your case gets called and the judge asks you how you plead. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. FREE Virginia DUI/DWI Arrest Survival Guide! There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. 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. Free for Personal Injury & Criminal Defense Only. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Remember, failing to show up to your court date can lead to additional charges. 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. You will be given a court date, and it is extremely important that you appear when you are supposed to. We respond to all communications within one business day. Reckless Driving Laws by State - FindLaw Newport News, VA 23693 The judge then listens to the evidence. Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. 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. Email:info@weilandfirm.com But then to add insult to injury that police officer who has been very nice throughout the crash investigation informs you that the driver of the other vehicle needs to be taken to the hospital for a possible neck injury, and that he has to charge you with Reckless Driving. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. While an officer can arrest you for the offense, they usually do not. Andrew Lindsey; . Your Virginia reckless driving defense attorney can help you accomplish this. 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. 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. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. This field is for validation purposes and should be left unchanged. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. 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. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. The next thing he remembers, he informs the court, is that his vehicle was rammed from behind and he had to be transported to the hospital because his neck was in pain. Hello, Im Andrew Flusche. This video explains a little about the different plea options and how we decide together what you should plead. . 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. There are reasons why no self-respecting lawyer would do this to his or her client. Reckless driving; general rule. Reckless driving is defined by the Code of Virginia, and though it deals with traffic infractions, it is a criminal offense rather than a moving violation. 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. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. The final plea that would normally be entered is guilty. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Virginia Reckless Driving: Out of State Drivers. Andrew wrote the book on DWI. In Virginia, you have the automatic right to appeal any finding by the general district court. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. 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. 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. Were a Richmond, Virginia law firm with clients from around the world. Reckless driving means driving a car while willingly disregarding the safety of property and people. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. I will carefully review the facts of your case in determining how best to reach your goal. You can also ask for a jury trial, but you may have to pay the costs for it. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Seek competent legal counsel for advice on any legal matter. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. No. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Speeding is a traffic infraction, and it doesn't carry jail time. 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. While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. 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. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. 29 S Mallory St, Suite 206 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. 11815 Fountain Way, Suite 300 A Quick Guide to Virginias Hit and Run Laws. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Newport News, VA 23606* Fighting your ticket can be challenging, but if you win your case, you will not be required to pay any fines or court fees, and the ticket will not be added to your record. The Commonwealth of Virginia defines reckless driving in many different ways. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. Our special report about driving on suspended explains six critical issues to possibly fight in your case. 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. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. And in many Northern Virginia jurisdictions (like Fairfax County), the . In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. "Excellent teamwork, professional staff, and caring environment." 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.