pleading guilty to reckless driving in virginia

Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 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. You must answer the ticket in the same way as in-state offenders. The 10 day timeline includes weekends and holidays. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Can I Appeal My Virginia Reckless Driving Charge? 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. When you plead guilty, you are agreeing to a criminal recordfor life. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Newport News, VA 23606* Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the 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. Reckless Driving Laws by State - FindLaw Though subsequent sections of the Code of Virginia outline actions that specifically constitute reckless driving, the determination as to whether to cite you for driving recklessly ultimately lies with the police officer who stops you. You cannot mail in the ticket before court in Virginia because the judge has discretion in deciding your penalty depending on the facts and circumstances of your crime. 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. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm First, look at the charges or law section part of the ticket. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. One is to get your speedometer calibrated at a Virginia auto shop. 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. This video explains a little about the different plea options and how we decide together what you should plead. An attorney familiar with Virginias reckless driving laws can suggest defenses that may work for your circumstances such as obtaining a speedometer calibration, presenting evidence of a medical emergency, or completing community service to demonstrate remorse for your actions. 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. If you have any questions during the stop itself, ask the officer who issued you the ticket. How do I plead? you think to yourself. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . 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. 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 is an informal hearing commonly known as arraignment. The Virginia Code defines a number of actions as reckless driving. You can also ask for a jury trial, but you may have to pay the costs for it. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. 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. As you can no doubt see, it this is not a decision to be made lightly. 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. 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. Well outline the basics of each of these penalties below. 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. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Making a good impression on the judge is especially helpful in this regard. 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. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. Jayson Werth of Washington Nationals pleads guilty to reckless driving However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. You only have 10 days to file the paperwork with your local Circuit Court. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? In a "wet reckless" you plead guilty to reckless driving with alcohol involved. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. 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. Alvin Kamara, Chris Lammons plead not guilty to battery charges For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. 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. If we can't help, we'll do our best to connect you with someone who can. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. 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 Complete the form below to receive a free consultation. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. What Kind of Evidence Can Help in My Reckless Driving Case? Is Now the Time to Request Your Virginia Driving Record? 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. Reckless Driving VA | Reckless Driving First Offense Attorneys VA Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. You are not pleading guilty to reckless driving by signing the summons. life, limb, or property?. Virginia DUI and DWI; . While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Reckless driving carries many of the same consequences of any misdemeanor criminal offense, including the possibility of jail time and a criminal record that is both permanent and publicly available. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. Virginia laws do not statutorily define wet and reckless driving. Home; About. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. An attorney experienced with VA reckless driving defense can help you prevent that outcome. Call Free Consultation (703) 350-4877. Fill out the form below and well be in touch within 1 business day! 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. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about 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. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). 6 Reasons a Lawyer Should Fight Your Ticket. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. Plea Bargains in Virginia Reckless Driving Cases | Charles V In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. What are the Consequences of a Reckless Driving Conviction? However, a reckless driving ticket isnt the end of the world. Can I Appeal My Virginia Reckless Driving Charge? All rights reserved. Phone: (757) 260-5996. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. 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. 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. How Much Does a Virginia Reckless Driving Lawyer Cost? 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. That could involve pleading to a "wet reckless.". These points will normally remain on your license for two years. Do you know how hard it is to find a lawyer that you can trust? A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. 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. . 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. Phone: (757) 387-1000, Hampton Depending on your state, either the judge or a jury will make a final decision. Virginia courts penalize reckless driving as aClass 1 misdemeanor. 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. For this reason, you should always speak carefully with officers during traffic stops. It is only a promise that you will be in court. Because if they cant prove an element, or if there is a question of whether or not they can maybe one is a little sketchy on their end- then we would definitely want to plead not guilty. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Were a Richmond, Virginia law firm with clients from around the world. Even with all this helpful information, sometimes you just need to talk. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. 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 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. Utah's Reckless and Driving Laws and Penalties This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. The DMV will also apply between three and six demerit points to your license. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Reckless driving is a class B misdemeanor in Utah. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Anyone may represent himself or herself in any criminal case, but it is not generally advised. Under Virginia law, if the driver of that other vehicle decides to sue you for money as a result of the accident and you entered a guilty or no contest plea to the Reckless Driving charge, the other driver's civil attorney may try to use that plea against you as an admission of guilt. For example, if a reckless driving conviction puts you over eight points in one year, or twelve points within two years, you will lose your license. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. 41-6a-528 Reckless driving -- Penalty. Phone: (757) 317-1000, Newport News "Mr. Wilson is unbelievably knowledgeable and professional. You explain to the court that you were not distracted when you hit the other vehicle. The Notice of Appeal form will list a date . 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. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. . A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. What are the chances of reducing the ticket? Your Virginia reckless driving defense attorney can help you accomplish this. What is Constructive Desertion in Virginia. How Long Does a Reckless Driving Stay on Record in Virginia? 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. There are reasons why no self-respecting lawyer would do this to his or her client. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. Top Questions to Ask a Virginia Reckless Driving Attorney. Your appeal will be heard de novo in circuit court. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. 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. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. . If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. 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. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. No. GET DIRECTIONS. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. 29 S Mallory St, Suite 206 Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. So, what to do? It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. In Virginia, reckless driving is a class 1 criminal misdemeanor. This means that it carries the same criminal penalties as reckless driving. Copyright The Reckless Driving Lawyers 2023. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. I plead not guilty, your honor, you stammer. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Free for Personal Injury & Criminal Defense Only. 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. 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. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can.

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