Virginia Traffic Court: Should I plead No Contest or Guilty? Your appeal will be heard de novo in circuit court. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. What are the Advantages of Taking a Plea Deal in Virginia? By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Schedule your consultation today and lets talk about what we can do for you! Am I pleading guilty if I sign a reckless driving ticket? 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. While an officer can arrest you for the offense, they usually do not. Maximum penalty: The way you would be guilty of a felony traffic offense in Virginia is if you are convicted of multiple DUI's in a short period of time. You were driving on the day of the offense. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. In general, you should expect to pay around $350-$500. 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. When you plead guilty, you are agreeing to a criminal recordfor life. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. These points will normally remain on your license for two years. 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. You could be sentenced to jail if you are convicted of reckless driving. 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. Email:info@weilandfirm.com For this reason, you should always speak carefully with officers during traffic stops. 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. Second, discuss with your attorney whether you should take a driver education or driver improvement course. Reckless Driving in Virginia: The Ultimate Guide - Tingen Law, PLLC In Virginia, you have the automatic right to appeal any finding by the general district court. 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. 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. Am I pleading guilty if I sign a reckless driving ticket? Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. Phone: (757) 387-1000, Hampton Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Instead, you are asked to sign the summons, which is a promise to appear in court. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. 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 Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. 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. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. 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. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. 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. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. 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. Free for Personal Injury & Criminal Defense Only. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. 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. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Your home states laws will determine whether any offense will apply to your driving record there. Andrew wrote the book on DWI. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. You only have 10 days to file the paperwork with your local Circuit Court. What Do You Need to Know about Wet Reckless in Virginia? The higher your speed, the more likely jail time becomes. Mar 2, 2023 Education. However, the costs can change based on the details of your case. The penalties aren't as severe as in a DUI in Virginia. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Reckless Driving is not a traffic infraction, it is a misdemeanor. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. Virginia laws do not statutorily define wet and reckless driving. That means that it will be a complete do-over and the judge will hear the case as if it were not brought before any previous court. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. What is Constructive Desertion in Virginia. 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. 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. Hes sorry, he tells you, but he has no choice but to find you guilty. 46.2-852. Reckless driving; general rule - Virginia failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Phone: (757) 317-1000, Newport News Is Now the Time to Request Your Virginia Driving Record? However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. "Excellent teamwork, professional staff, and caring environment." A lawyer can question any witnesses and make arguments on your behalf. 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. Reckless Driving is a pretty serious charge. If the date is further out, then it is likely your actual trial date. 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. Your case gets called and the judge asks you how you plead. Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. Its a no-brainer. I will carefully review the facts of your case in determining how best to reach your goal. . No. 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 am a Virginia traffic attorney. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Additionally, you may never even need to enter a courtroom. ", "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. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Initiating the process is quite simple. 3437 W. Cary St. Richmond, VA 23221 Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. You explain to the court that you were not distracted when you hit the other vehicle. 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. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. And in many Northern Virginia jurisdictions (like Fairfax County), the . 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. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. 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. Contactme today to discuss your cases facts to determine the best option for you! This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. What Kind of Evidence Can Help in My Reckless Driving Case? A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. 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. First, look at the charges or law section part of the ticket. I work with all clients to understand their desired result. Reckless Driving by Vehicle not Under Control, Driving a vehicle with improperly adjusted or faulty brakes, Driving an overloaded vehicle that obstructs view or controls, Driving next to another vehicle on a one lane roadway, Driving too fast for highway and traffic conditions (regardless of the posted speed limit), Speeding over 20 mph in excess of the speed limit, or driving faster than 80 mph regardless of the posted speed limit, Endangering a person or property on driveways or parking lots open to the public, Up to 6 months suspension of driving privileges, Acting under the instruction of a traffic enforcement officer or directing officer, Roadway markings clearly indicate permission to pass, Highways had the appropriate number of lanes to permit the act, Your vehicles speedometer was not calibrated properly, or the radar/Lidar device was not calibrated properly, You passed only a motorcycle, moped, or bicycle, Racing was on private property or with permission from the landowner, A clean driving record and character references, School bus was stopped for a reason other than loading or unloading, You were unaware of your vehicles defects and had them repaired soon thereafter, Failing to follow traffic signals or signs. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Andrew wrote the book on reckless driving. Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Since reckless driving in VA is a criminal offense, the penalties and long term consequencessuch as a criminal recordcan be severe. Even if you have already been found guilty of reckless driving, you may be able to appeal. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. Reckless Driving in Virginia. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. 2023 Simms Showers, LLP. Avoiding DUI Penalties With a "Wet Reckless" Charge Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. 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. Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC 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. 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. three and six demerit points to your license. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. However, you should still speak with an attorney to double check this information. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. Finally, your attorney can look into a possible amendment to Improper Driving. Honestly with a lot of cases, with traffic cases like reckless driving and speeding and things like that, a lot of times the officer will have all their evidence in order and the case is more of a question of negotiation, trying to get a better result from the prosecutor or the judge. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Home; About. The Commonwealth of Virginia defines reckless driving in many different ways. Failing to do so is a separate crime, which can result in even more penalties. We provide transparent flat fees and flexible payment plans in most cases. And in most states, this is not admissible in civil proceedings. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. If youre charged with reckless driving, consult a lawyer immediately. How is this possible? And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Possibly. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. Newport News, VA 23693 Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. (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 . He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. 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 a wet and reckless driving charge may only be available for first-time offenders. 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. 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. 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. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. How Should I Plead In My Traffic Case? - Andrew Flusche If your speedometer was off in your favor this could be used to mount your defense. In Virginia, this is more typically called a no contest plea. Pleading No Contest in Virginia Is the Same as Pleading Guilty 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. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Avoiding jail time. It will tell you the date, time, and location of your hearing. your lawyer may argue for one of two options. However, the most common reason for a reckless driving charge is speed. 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. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. This field is for validation purposes and should be left unchanged. A plea of no contest, on the other hand, contains no admission. That is why it is so important that you work with a knowledgeable reckless driving attorney. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. Were you or a family member charged with reckless driving in Virginia? If you have any questions during the stop itself, ask the officer who issued you the ticket. Its judgment time. What Is The Virginia Difference Between Misdemeanor & Felony DUI? Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Utah's Reckless and Driving Laws and Penalties This can be used against you in civil court. Reckless Driving in Virginia when someone drives his/her 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. VA Code 46.2-862. Showing the court evidence of this may also help your case. 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. By hiring an attorney experienced in Virginia reckless driving law, they can petition the court to appear on your behalf and you may not have to be present. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Even with all this helpful information, sometimes you just need to talk. In addition, you may not prepay reckless driving citations in Virginia. 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. You are not pleading guilty to reckless driving by signing the summons. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . By signing the summons, you are promising to attend your court hearing in your criminal case. 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. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Initiating the process is quite simple. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: Using these laws, as well as other, more specific sections in the statute, Virginia judges can punish a wide variety of unsafe driving habits as reckless.. The hearing is where you will bring to light all the information presented in the police report. "Mr. Wilson is unbelievably knowledgeable and professional. Virginia is notoriously harsh in its treatment of driving crimes. However, Virginia will report the offense and any imposed suspension or points to your home state. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. 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. Speeding is a traffic infraction, and it doesn't carry jail time. 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. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. Please call today to schedule a free, no-obligation consultation. What Is a Wet Reckless in Virginia? Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. However, a wet reckless charge does not. The Virginia Appeals Process. Yes. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. One is to get your speedometer calibrated at a Virginia auto shop. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties.
Aldi Margarita Wine Nutrition Facts,
Berry College Centennial Hall,
Salt Lake City To Yellowstone To Glacier National Park,
Jefferson Country Club Menu,
Chipotle Playerlync Net Login,
Articles P
