If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. the same criminal penalties as reckless driving. Finally, your attorney can look into a possible amendment to Improper Driving. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for 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. How do I plead? you think to yourself. In Virginia, you have the automatic right to appeal any finding by the general district court. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. He has been great for us, the very best. 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. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Email:info@weilandfirm.com For this reason, you should always speak carefully with officers during traffic stops. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. 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. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Its jam-packed full of answers for your case. This was a minor accident. And finally its your turn to testify. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. 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. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Making a good impression on the judge is especially helpful in this regard. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. 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. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. If you have any questions about the court date you should reach out to the Clerk of the court. 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. You could be sentenced to jail if you are convicted of reckless driving. A plea of no contest, on the other hand, contains no admission. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. These shops should be able to provide you with a calibration sheet that can be used in Court. At most, improper driving will result in a $500 fine and three points on your license. Avoiding jail time. 41-6a-528 Reckless driving -- Penalty. The hearing is where you will bring to light all the information presented in the police report. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. You explain to the court that you were not distracted when you hit the other vehicle. Then the court hears from the officer. Yes. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. When you plead guilty, you are agreeing to a criminal recordfor life. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. Do you know how hard it is to find a lawyer that you can trust? 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. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Phone: (757) 317-1000, Newport News The judge then listens to the evidence. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 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. 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. 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. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. It is only a promise that you will be in court. 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. 2023 Simms Showers, LLP. However, the most common reason for a reckless driving charge is speed. I wouldnt be in school right now if it wasnt for Jacob and his team. 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. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Holcomb Law, P.C. Phone: (757) 260-5996. Speeding is a traffic infraction, and it doesn't carry jail time. 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. However, a reckless driving ticket isnt the end of the world. When you plead guilty, you are agreeing to a criminal recordfor life. Andrew wrote the book on reckless driving. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. 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. However, you can appeal the outcome of your case and receive a new trial with a different judge. 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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. I am a Virginia traffic attorney. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. 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. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. 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. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Call our Fairfax law office or start an online chat to schedule a free consultation today. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. You can also ask for a jury trial, but you may have to pay the costs for it. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. Showing the court evidence of this may also help your case. . This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. 720 Mall Parkway 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. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. Andrew wrote the book on DWI. Well outline the basics of each of these penalties below. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. Your case gets called and the judge asks you how you plead. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Copyright The Reckless Driving Lawyers 2023. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Reckless driving means driving a car while willingly disregarding the safety of property and people. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. However, the costs can change based on the details of your case. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. You understand that if you fail to attend your court hearing, you could be arrested. 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. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. He hears from the driver of the other vehicle. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. He can arrest you and take you to the police station for booking as a result. To explore your options, contact the firm at 908-643-6801 or via email to . 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. We would want to make them have to do their job and prove it, and maybe they cant prove it. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. 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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law.
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