Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. 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. Complete the form below to receive a free consultation.
Its judgment time. 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. . 41-6a-528 Reckless driving -- Penalty. Also, under most circumstances, speeding carries a maximum penalty of $250. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days.
Virginia Traffic Tickets | I Drive Safely 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. 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. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Reckless Driving in Virginia: What You Need To Know Your SEO optimized title Menu Home Criminal Defense Assault and Battery Concealment/Shoplifting Trespassing Expungements Underage Possession 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. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Newport News, VA 23606* It means that you are not admitting guilt, but you are also not disputing the facts of the charge and therefore, you accept the court's decision even though you're not admitting guilt. The other choice of plea would be no contest. 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. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. All rights reserved. If you qualify for a court-appointed attorney, the judge will also let you know on this day. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. 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. If a death occurs as a result of racing, you will be charged with a class 6 felony. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. The Virginia Code defines a number of actions as reckless driving. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. 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.
Avoiding DUI Penalties With a "Wet Reckless" Charge 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. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. The judge then listens to the evidence.
Waterville councilmember pleads guilty to reckless driving and lying to However, you can appeal the outcome of your case and receive a new trial with a different judge. In most cases, you can resolve them by simply paying the associated fine online. 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. Newport News, VA 23693 One is to get your speedometer calibrated at a Virginia auto shop. Confidential or time-sensitive information should not be sent through this form. 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. Reckless driving remains on your Virginia driving record for 11 years. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. 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. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. You make your appearance in court on the designated court date. . 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. In Virginia, you have the automatic right to appeal any finding by the general district court. You should know that dry reckless is different from wet reckless. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Mar 2, 2023 Education. You were driving unsafely, or at an unsafe speed. 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 penalties are commonly referred to as collateral consequences. 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. Showing the court evidence of this may also help your case. 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. 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. 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. 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. A lawyer can question any witnesses and make arguments on your behalf.
Plea Bargains in Virginia Reckless Driving Cases | Charles V 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. However, a wet reckless charge does not. Virginia DUI and DWI; . Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option.
46.2-868. Reckless driving; penalties - Virginia 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%. Initiating the process is quite simple. This is why its super important, if you have any kind of traffic case, whether its reckless driving or speeding or DUI or driving on a suspended license, to talk with a traffic attorney. Fax: (804) 355-8875 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. This is because most states subscribe to the Interstate Drivers License Compact. This could have a negative impact on future prospects, including employment. Top Questions to Ask a Virginia Reckless Driving Attorney. Signing the summons is a good strategy to avoid these negative consequences. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? You will be given a court date, and it is extremely important that you appear when you are supposed to. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia.
Alvin Kamara, Chris Lammons plead not guilty to battery charges Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. 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. 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. 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). In Virginia, reckless driving is a class 1 criminal misdemeanor. He hears from the driver of the other vehicle.
How Should I Plead In My Traffic Case? - Andrew Flusche Our special report about driving on suspended explains six critical issues to possibly fight in your case. One very common example of charge bargaining in Virginia relates to reckless driving. This is especially true for repeat offenders. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Pleading a wet and reckless driving charge may only be available for first-time offenders. This video explains a little about the different plea options and how we decide together what you should plead. Seek competent legal counsel for advice on any legal matter. Virginia Reckless Driving: Out of State Drivers. However, you should note that youll never receive a ticket for improper driving.. 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 in your best interest to have a Virginia attorney who is experienced in reckless driving laws file the appeal for you and represent you throughout the process. What Kind of Evidence Can Help in My Reckless Driving Case? It will tell you the date, time, and location of your hearing. If you are found guilty or plead guilty, you will have a criminal conviction on your record. Pleading No Contest in Virginia Is the Same as Pleading Guilty. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success 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. He has been great for us, the very best. The 10 day timeline includes weekends and holidays. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? EVER. This law firm website and legal marketing are managed by MileMark Media. If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. 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.