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. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: Using these laws, as well as other, more specific sections in the statute, Virginia judges can punish a wide variety of unsafe driving habits as reckless.. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. . Mr. Wilson is a true professional. 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. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. 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. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Showing the court evidence of this may also help your case. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Newport News, VA 23606* as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. 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. Reckless driving; general rule. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. 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. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. 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. As you can no doubt see, it this is not a decision to be made lightly. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. So, what to do? 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. Confidential or time-sensitive information should not be sent through this form. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. If you qualify for a court-appointed attorney, the judge will also let you know on this day. 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. You were driving on the day of the offense. Pleading a wet and reckless driving charge may only be available for first-time offenders. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. While the judge may appreciate your candor, it is still an admission of guilt. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. This was a minor accident. And finally its your turn to testify. Schedule your consultation today and lets talk about what we can do for you! Remember, failing to show up to your court date can lead to additional charges. Visit our site today for more information. Depending on your state, either the judge or a jury will make a final decision. You understand that if you fail to attend your court hearing, you could be arrested. 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. 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. License suspension is mandatory for a . An officer may arrest you for reckless driving if he or she observes you: No. We understand that returning to the state may be difficult and require significant time and expense. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Reckless driving is a class 1 misdemeanor. A DUI charge stays on your criminal and DMV record. 2023 Charles V. Hardenbergh, PC, All Rights Reserved, Reproduced with Permission, DUI/DWI Arrest Survival Guide The Guilt Myth, The Secret Truth about how to win a Virginia Expungement Case, Virginia Reckless Driving Sentence Estimator, 5 Mistakes to Avoid When Preparing for Court, Why You Shouldnt Pay Your Reckless Driving Ticket. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. 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. 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. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. 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. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. In Virginia, drivers can plead . Am I pleading guilty if I sign a reckless driving ticket? 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 What Kind of Evidence Can Help in My Reckless Driving Case? Its the most-reviewed Virginia reckless driving resource on Amazon.com. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. 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. This means that it carries the same criminal penalties as reckless driving. They can raise your defenseswhich you can have even if you are guilty of the chargesso that you achieve the best possible outcome given your situation. 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. "Mr. Wilson is unbelievably knowledgeable and professional. 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. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. When you plead guilty, you are agreeing to a criminal recordfor life. Now its the courts turn. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. Pleading No Contest in Virginia Is the Same as Pleading Guilty. 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. If you are found guilty or plead guilty, you will have a criminal conviction on your record. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. Yes. 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. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. 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. Virginia DUI and DWI; . If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. GET DIRECTIONS. Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied. Hello, Im Andrew Flusche. Fax: (804) 355-8875 I am happy to work with you based on your convenience. . One exception is that your reckless driving conviction may not impact your driving privileges in your home state, and you may not receive points against your license. What Happens to My Health Insurance Benefits During Divorce in Virginia? 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. An attorney experienced with VA reckless driving defense can help you prevent that outcome. 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. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Waterville councilmember pleads guilty to reckless driving and lying to police. 11815 Fountain Way, Suite 300 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%. 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. Well outline the basics of each of these penalties below. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. It is only a promise that you will be in court. Also, under most circumstances, speeding carries a maximum penalty of $250. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. However, most first-time offenders can avoid jail by instead performing community service. There are several ways to avoid reckless driving charges in Virginia. FREE Virginia DUI/DWI Arrest Survival Guide! 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. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Motorists who cause severe injuries to another person while . The Notice of Appeal form will list a date . In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . Reckless Driving in Virginia.
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