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. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. 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. 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. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. What are the Consequences of a Reckless Driving Conviction? Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. 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. 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. A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. Speeding is a traffic infraction, and it doesn't carry jail time. You are not pleading guilty by signing the summons. Andrew wrote the book on reckless driving. Hes sorry, he tells you, but he has no choice but to find you guilty. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. 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. Yes. Virginia Traffic Court: Should I plead No Contest or Guilty? Home; About. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Well outline the basics of each of these penalties below. 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 Visit our site today for more information. Initiating the process is quite simple. 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. A Quick Guide to Virginias Hit and Run Laws. you can avoid going to court altogether by entering a guilty plea and waiving your traffic . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. You were driving on the day of the offense. However, the most common reason for a reckless driving charge is speed. What Happens if You Get a Speeding Ticket in Virginia? 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. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Copyright The Reckless Driving Lawyers 2023. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Signing the summons is a good strategy to avoid these negative consequences. However, the easiest is to simply avoid driving over 80 miles per hour. 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 drivers civil attorney may try to use that plea against you as an admission of guilt. 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. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. However, a wet reckless charge does not. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. It typically has the same effect as a guilty plea. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. Contact us to see what we can do for you. Reckless driving is a Class 1 misdemeanor in Virginia. 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. If we can't help, we'll do our best to connect you with someone who can. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. The abusive driver laws in Virginia were recently repealed. However, the law was repealed a year later, and this is no longer a potential consequence. Am I pleading guilty if I sign a reckless driving ticket? 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). There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. This is important because some judges have policies that concern what, if any, mercy they will grant an otherwise guilty traffic defendant based on how they plead. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. All Rights Reserved. Instead, you are asked to sign the summons, which is a promise to appear in court. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. The Virginia Appeals Process. Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. 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. 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. Pleading 'No Contest' in Virginia: What You Should Know An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. Phone:(804) 355-8037 One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. I plead not guilty, your honor, you stammer. 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. 3437 W. Cary St. Richmond, VA 23221 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. 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 If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. Your home states laws will determine whether any offense will apply to your driving record there. In return, the court will offer you a plea deal for this much lower offense. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. 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. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. 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. 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. You must answer the ticket in the same way as in-state offenders. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 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. FREE Virginia DUI/DWI Arrest Survival Guide! life, limb, or property?. 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. Utah's Reckless and Driving Laws and Penalties There are two ways to commit reckless driving: you can either. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Reckless driving, unsafe passing . 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. 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. I wouldnt be in school right now if it wasnt for Jacob and his team. How to Get Reckless Driving Dismissed | Legal Beagle 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. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. 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. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. If I Date Someone Else While Separated, Is it Adultery in Virginia? Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. If youre charged with reckless driving, consult a lawyer immediately. 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. 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 . The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. However, Virginia will report the offense and any imposed suspension or points to your home state. This law firm website and legal marketing are managed by MileMark Media. This was a minor accident. And finally its your turn to testify. 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. Then the court hears from the officer. Second, discuss with your attorney whether you should take a driver education or driver improvement course. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. A lawyer can question any witnesses and make arguments on your behalf. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Pleading a wet and reckless driving charge may only be available for first-time offenders. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Make sure to attend both your first appearance (if applicable) and your trial date. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. As the saying goes, anything you say can and will be used against you in a court of law. Georgia's Reckless Driving Laws and Penalties 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. You cannot simply mail in the ticket. 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. 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. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Speak to one of our lawyers now to identify the right solutions. Finally, your attorney can look into a possible amendment to Improper Driving. 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. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. your lawyer may argue for one of two options. Can I Appeal My Virginia Reckless Driving Charge? The problem is that question depends upon all the facts and circumstances of your case. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. If you get stopped and you get charged with a crime, call a lawyer! In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. three and six demerit points to your license. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. . Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . 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%. Reckless Driving in Virginia: The Ultimate Guide - Tingen Law, PLLC Initiating the process is quite simple. Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC