pleading guilty to reckless driving in virginia

Even with all this helpful information, sometimes you just need to talk. 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. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. 3437 W. Cary St. Richmond, VA 23221 You explain to the court that you were not distracted when you hit the other vehicle. 11815 Fountain Way, Suite 300 How do I plead? you think to yourself. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. The penalties aren't as severe as in a DUI in Virginia. 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. Mr. Wilson is a true professional. Schedule your consultation today and lets talk about what we can do for you! A plea of no contest, on the other hand, contains no admission. 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. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Its the most-reviewed Virginia reckless driving resource on Amazon.com. Second, discuss with your attorney whether you should take a driver education or driver improvement course. 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. . 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Top Questions to Ask a Virginia Reckless Driving Attorney. Make sure to always attend any court dates relating to your reckless driving charge. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. And in many Northern Virginia jurisdictions (like Fairfax County), the . 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. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Motorists who cause severe injuries to another person while . When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. Reckless driving is a class 1 misdemeanor. 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 addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. In some states, certain acts are automatically considered reckless, such as: 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. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. 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. 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. 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. 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. As with license suspension, the final decision falls to the judge presiding over your case. 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. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Virginia Beach, VA 23452* He can arrest you and take you to the police station for booking as a result. Reckless driving means driving a car while willingly disregarding the safety of property and people. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Seek competent legal counsel for advice on any legal matter. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Virginia courts penalize reckless driving as aClass 1 misdemeanor. These points will normally remain on your license for two years. 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. At most, improper driving will result in a $500 fine and three points on your license. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. 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. Showing the court evidence of this may also help your case. If you are found guilty or plead guilty, you will have a criminal conviction on your record. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. No. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. 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. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. In many cases, I can handle your case through discussions over the phone and email. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. If you have any questions during the stop itself, ask the officer who issued you the ticket. 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. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Your home states laws will determine whether any offense will apply to your driving record there. 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. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. This field is for validation purposes and should be left unchanged. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. As the nice officer hands you the summons for Reckless Driving with a court date for you to appear and plead your case to the judge he waves politely and tells you to have a nice day. In general, you should expect to pay around $350-$500. 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. 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. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. The other choice of plea would be no contest. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. Phone: (757) 317-1000, Newport News In addition, you may not prepay reckless driving citations in Virginia. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Likewise, showing up and admitting guilt but explaining your circumstances (you were passing another merging vehicle, you were running late for an important event, you were driving safely) will also likely end up in a guilty conviction. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. You only have 10 days to file the paperwork with your local Circuit Court. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. 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. If you plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Visit our site today for more information. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. 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. 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. 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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. If youre charged with reckless driving, consult a lawyer immediately. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. Were you or a family member charged with reckless driving in Virginia? In Virginia, you have the automatic right to appeal any finding by the general district court. The 10 day timeline includes weekends and holidays. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Virginia Reckless Driving: Out of State Drivers. This means, being found guilty of reckless driving results in some pretty severe consequences: A fine of up to $2500 6 demerit points on your driver's license Suspended driver's license for up to 6 months Up to 12 months in jail The DMV will also apply between three and six demerit points to your license. your lawyer may argue for one of two options. 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. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. This is unbelievable, you think to yourself. Initiating the process is quite simple. You will be given a court date, and it is extremely important that you appear when you are supposed to. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Phone: (757) 656-1000, Virginia Beach If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. The 10 day timeline includes weekends and holidays. Call Free Consultation (703) 350-4877. If the date is further out, then it is likely your actual trial date. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. This law firm website and legal marketing are managed by MileMark Media. However, the most common reason for a reckless driving charge is speed. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? What Happens to My Health Insurance Benefits During Divorce in Virginia? Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. 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. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. To drive recklessly in Virginia is to have a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property. Powers v. Commonwealth, 211 Va. 386, 388 (1970). Now its the courts turn. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. 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., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . However, a wet reckless charge does not. 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. 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. This is especially true for repeat offenders. 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. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. These shops should be able to provide you with a calibration sheet that can be used in Court. 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. 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. Reckless driving is a Class 1 misdemeanor in Virginia. You were driving unsafely, or at an unsafe speed. One is to get your speedometer calibrated at a Virginia auto shop. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. A lawyer can question any witnesses and make arguments on your behalf. 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. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. It will tell you the date, time, and location of your hearing. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. "Mr. Wilson is unbelievably knowledgeable and professional. Rock and read Annual event encourages reading +4; Mar 2, 2023 Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Reckless Driving in Virginia. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. "Excellent teamwork, professional staff, and caring environment." Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. 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. This means that it carries the same criminal penalties as reckless driving. 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.

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