You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. 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. This means that it carries the same criminal penalties as reckless driving. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Even with all this helpful information, sometimes you just need to talk. You were driving on the day of the offense. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. First, look at the charges or law section part of the ticket. He hears from the driver of the other vehicle. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. 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. 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. By providing the officer on scene with additional details, you increase the chance of self-incrimination. 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 need help and want to get started on your case reach out and ask Andrew a question about your charge. Schedule your consultation today and lets talk about what we can do for you! Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. As the saying goes, anything you say can and will be used against you in a court of law. 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. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? The hearing is where you will bring to light all the information presented in the police report. 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. Your appeal will be heard de novo in circuit court. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. 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. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? 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. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. An attorney experienced with VA reckless driving defense can help you prevent that outcome. However, there are certain guidelines you need to follow. Virginia DUI and DWI; . A DUI charge stays on your criminal and DMV record. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. These shops should be able to provide you with a calibration sheet that can be used in Court. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. We go above and beyond in order to provide our clients with the best possible representation. Virginia Reckless Driving: Out of State Drivers. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. 29 S Mallory St, Suite 206 One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. 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 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. Instead, you are asked to sign the summons, which is a promise to appear in court. We would want to make them have to do their job and prove it, and maybe they cant prove it. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. If you qualify for a court-appointed attorney, the judge will also let you know on this day. 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. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. You should know that dry reckless is different from wet reckless. There are reasons why no self-respecting lawyer would do this to his or her client. If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Visit our site today for more information. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Mr. Wilson is a true professional. Its jam-packed full of answers for your case. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. 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. Cody Adam Preugschat, 34, pleaded guilty Thursday in Douglas County Superior Court to reckless driving and making a false or misleading statement to a police officer. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. It is only a promise that you will be in court. The abusive driver laws in Virginia were recently repealed. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. While the judge may appreciate your candor, it is still an admission of guilt. What Happens if You Get a Speeding Ticket in Virginia? The judge explains that he listened to you and all other witnesses intently. 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. . An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. 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. What Kind of Evidence Can Help in My Reckless Driving Case? If you have any questions about the court date you should reach out to the Clerk of the court. 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. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. How Long Does a Reckless Driving Stay on Record in Virginia? So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. The 10 day timeline includes weekends and holidays. The other choice of plea would be no contest. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. You only have 10 days to file the paperwork with your local Circuit Court. What are the chances of reducing the ticket? In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. However, people charged with reckless driving where alcohol or drugs are involved may plead to a wet reckless driving charge to reduce a DUI convictions devastating impact. Additionally, you may never even need to enter a courtroom. 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. We provide free consultations for cases in our area. In most cases, you can resolve them by simply paying the associated fine online. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. Well, you guys treat people well. your lawyer may argue for one of two options. 720 Mall Parkway Pleading No Contest in Virginia Is the Same as Pleading Guilty. Do you know how hard it is to find a lawyer that you can trust? In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Youre left stunned. However, the easiest is to simply avoid driving over 80 miles per hour. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. 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. The final plea that would normally be entered is guilty. Complete the form below to receive a free consultation. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. However, a wet reckless charge does not. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. Motorists who cause severe injuries to another person while . The outcome of any trial is not certain. Showing the court evidence of this may also help your case. A Quick Guide to Virginias Hit and Run Laws. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Also, under most circumstances, speeding carries a maximum penalty of $250. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. 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. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. 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. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Finally, your attorney can look into a possible amendment to Improper Driving. While an officer can arrest you for the offense, they usually do not. 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. 468 Investors Pl, Suite 202A In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. 41-6a-528 Reckless driving -- Penalty. Newport News, VA 23606* 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. Reckless driving, unsafe passing . Out of state drivers face the same reckless driving penalties as Virginia drivers. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. GET DIRECTIONS. 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. Reckless driving is a class B misdemeanor in Utah. 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. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. 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. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. 2023 Simms Showers, LLP. I wouldnt be in school right now if it wasnt for Jacob and his team. 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. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. 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. Contact the office today for a consultation with our Criminal Defense Attorneys regarding your reckless driving charge to learn how we can help you in courts across Northern Virginia. Reckless driving remains on your Virginia driving record for 11 years. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. 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. The problem is that question depends upon all the facts and circumstances of your case. 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. 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. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Andrew wrote the book on DWI. In situations where there is difficulty proving blood alcohol levels with certainty, many may seek to reduce their DUI charge to a wet reckless driving charge. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. 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. In Virginia, drivers can plead . Andrew wrote the book on reckless driving. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. I work with all clients to understand their desired result. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. 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. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Instead, you are asked to sign the summons, which is a promise to appear in court. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . What is a standard custody agreement in Virginia? What is Constructive Desertion in Virginia. Rock and read Annual event encourages reading +4; Mar 2, 2023 Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Top Questions to Ask a Virginia Reckless Driving Attorney. A common situation where the prosecutor may offer a wet reckless plea is where your blood alcohol level (BAC) was only slightly above the legal limit of .08%. 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.