pleading guilty to reckless driving in virginia
These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. Neck injury? Reckless Driving? You are beside yourself! 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. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. You were driving unsafely, or at an unsafe speed. Speeding is a traffic infraction, and it doesn't carry jail time. Out of state drivers face the same reckless driving penalties as Virginia drivers. 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. Please call today to schedule a free, no-obligation consultation. You go on to testify that the light had just turned green and you thought that the vehicle in front of you was beginning to accelerate and so you didnt brake. Complete the form below to receive a free consultation. 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. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. 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. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. The other driver indicates to the court that while he is waiting patiently at the red light on a nice slow and easy day, he saw you careening toward his vehicle from his rearview mirror and it appeared that you were distracted by your radio. Am I pleading guilty if I sign a reckless driving ticket? Virginia is notoriously harsh in its treatment of driving crimes. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. 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. One other thing to note as an out-of-state driver is that your states DMV might place a different point total on your license than what would normally be assigned in Virginia. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Your case gets called and the judge asks you how you plead. Likewise, showing up and admitting guilt but explaining your circumstances (you were passing another merging vehicle, you were running late for an important event, you were driving safely) will also likely end up in a guilty conviction. Fax: (804) 355-8875 Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. 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. Phone: (757) 387-1000, Hampton You could be sentenced to jail if you are convicted of reckless driving. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. One very common example of charge bargaining in Virginia relates to reckless driving. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Pleading a wet and reckless driving charge may only be available for first-time offenders. Instead, the maximum penalty for speeding is usually only a $250 fine. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. A DUI charge stays on your criminal and DMV record. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. Well outline the basics of each of these penalties below. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. 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 accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. That is why it is so important that you work with a knowledgeable reckless driving attorney. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. Avoiding jail time. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. You may be able to enter into a plea agreement to plead guilty to a much less serious offense that does not include the harsh penalties of a reckless driving conviction or that may not result in a criminal record. What are the chances of reducing the ticket? The 10 day timeline includes weekends and holidays. 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. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. The statute sets up speeds at which the police officer or trooper can give you a Reckless Driving charge, regardless of how you are driving. I work with all clients to understand their desired result. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. The 10 day timeline includes weekends and holidays. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. We go above and beyond in order to provide our clients with the best possible representation. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. You only have 10 days to file the paperwork with your local Circuit Court. Additionally, you may never even need to enter a courtroom. The outcome of any trial is not certain. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. However, a wet reckless charge does not. The penalties aren't as severe as in a DUI in Virginia. This was a minor accident. And finally its your turn to testify. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. 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. 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. Reckless driving is a Class 1 misdemeanor in Virginia. How Much Does a Virginia Reckless Driving Lawyer Cost? Contact us to see what we can do for you. However, the easiest is to simply avoid driving over 80 miles per hour. When you plead guilty, you are agreeing to a criminal recordfor life. Speak to one of our lawyers now to identify the right solutions. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. Copyright The Reckless Driving Lawyers 2023. 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. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. 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 Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. I plead not guilty, your honor, you stammer. You cannot simply mail in the ticket. These penalties are commonly referred to as collateral consequences. Second, discuss with your attorney whether you should take a driver education or driver improvement course. If the date is further out, then it is likely your actual trial date. In many cases, I can handle your case through discussions over the phone and email. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Yes. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. In general, you should expect to pay around $350-$500. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Andrew wrote the book on DWI. Making a good impression on the judge is especially helpful in this regard. The abusive driver laws in Virginia were recently repealed. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. 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. You understand that if you fail to attend your court hearing, you could be arrested. 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. What gives me the shivers and a cold sweat is seeing a pro se defendant (no lawyer) walk up to the front of the room and plead guilty to Reckless Driving, a Class 1 Misdemeanor, without a fight. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. 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. Hes sorry, he tells you, but he has no choice but to find you guilty. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. These shops should be able to provide you with a calibration sheet that can be used in Court. This is because most states subscribe to the Interstate Drivers License Compact. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. And in most states, this is not admissible in civil proceedings. Pleading No Contest in Virginia Is the Same as Pleading Guilty. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. There are reasons why no self-respecting lawyer would do this to his or her client. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. When you make a mistake and you cut your arm, please call a doctor. Instead, you are asked to sign the summons, which is a promise to appear in court. We recommend them without reservation to anyone looking for business law services. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . three and six demerit points to your license. Speeding tickets are traffic infractions, not misdemeanors. Yes. He hears from the driver of the other vehicle. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. 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. This can be used against you in civil court. But of course we cant know for sure until we talk with the officer and any other witnesses. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction.
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