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. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Is Now the Time to Request Your Virginia Driving Record? While the judge may appreciate your candor, it is still an admission of guilt. 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. If you qualify for a court-appointed attorney, the judge will also let you know on this day. 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. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. You were driving unsafely, or at an unsafe speed. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. 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. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. If you are found guilty or plead guilty, you will have a criminal conviction on your record. 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. 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. So, what to do? If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. You make your appearance in court on the designated court date. Free for Personal Injury & Criminal Defense Only. 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 . Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. Visit our site today for more information. Schedule your consultation today and lets talk about what we can do for you! Pleading a wet and reckless driving charge may only be available for first-time offenders. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Saying NO to Breath Test COULD Incriminate You, YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LmtzWkluSGtoSjlr, Fighting No Insurance Tickets in Virginia, Talk to a Virginia Traffic Attorney BEFORE Going to Court. Virginia Traffic Tickets | I Drive Safely However, you can appeal the outcome of your case and receive a new trial with a different judge. Hampton, VA 23663 Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Avoiding DUI Penalties With a "Wet Reckless" Charge Reckless driving means driving a car while willingly disregarding the safety of property and people. Neck injury? Reckless Driving? You are beside yourself! You only have 10 days to file the paperwork with your local Circuit Court. 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. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Speeding is a traffic infraction, and it doesn't carry jail time. 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. The 10 day timeline includes weekends and holidays. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. 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. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. 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. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. How Long Does a Reckless Driving Stay on Record in Virginia? If you get stopped and you get charged with a crime, call a lawyer! Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. 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. What I do as an attorney if you hire me, is we look at all the elements of your case that the Commonwealth is going to have to prove against you and we see if they can prove them. Am I pleading guilty if I sign a reckless driving ticket? 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. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. The Virginia Code defines a number of actions as reckless driving. Notwithstanding your utter disagreement with the judges ruling, you explain to his or her honor that you have a perfect driving record and this is the first accident youve ever been involved in and youd like the court to consider reducing this to something less serious than reckless driving. Jacob is the Managing Partner of Tingen Law. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. What Happens to My Health Insurance Benefits During Divorce in Virginia? Phone: (757) 387-1000, Hampton 305 Harrison Street SE Third Floor Leesburg, Virginia 20175, 113 S. Kent Street Suite 201 Winchester, Virginia 22601, 9300 Grant Avenue Suite 101 Manassas, Virginia 20110-5069, 201 International Circle Suite 230 Hunt Valley, Maryland 21030, 10505 Judicial Drive Suite 206 Fairfax, Virginia 22030, 136 Professional Circle Williamsburg, Virginia 23185. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. A lawyer can question any witnesses and make arguments on your behalf. The judge explains that he listened to you and all other witnesses intently. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. 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. First, look at the charges or law section part of the ticket. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. And in many Northern Virginia jurisdictions (like Fairfax County), the . Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. 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. I am a Virginia traffic attorney. What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. 46.2-868. Reckless driving; penalties - Virginia Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. 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. We recommend them without reservation to anyone looking for business law services. Being proactive in your defense can go a long way, especially in cases of reckless by speed. 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. Complete the form below to receive a free consultation. Cody Adam Preugschat, 34, pleaded guilty Thursday in Douglas County Superior Court to reckless driving and making a false or misleading statement to a police officer. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. 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%. 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. 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. What are the Consequences of a Reckless Driving Conviction? If a death occurs as a result of racing, you will be charged with a class 6 felony. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. 2023 Simms Showers, LLP. 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. If you have any questions about the court date you should reach out to the Clerk of the court. While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. Were a Richmond, Virginia law firm with clients from around the world. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. To explore your options, contact the firm at 908-643-6801 or via email to . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Jacob has been our lawyer for 3 years now and he is excellent. You are not pleading guilty to reckless driving by signing the summons. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. All Rights Reserved. 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. 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. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Jayson Werth of Washington Nationals pleads guilty to reckless driving Contactme today to discuss your cases facts to determine the best option for you! PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. Copyright The Reckless Driving Lawyers 2023. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. The higher your speed, the more likely jail time becomes. Then the court hears from the officer. 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. Fighting your ticket can be challenging, but if you win your case, you will not be required to pay any fines or court fees, and the ticket will not be added to your record. 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. What Kind of Evidence Can Help in My Reckless Driving Case? 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. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Do you know how hard it is to find a lawyer that you can trust? When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. Were you or a family member charged with reckless driving in Virginia? How Much Does a Virginia Reckless Driving Lawyer Cost? Fax: (804) 355-8875 You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. That is why it is so important that you work with a knowledgeable reckless driving attorney. 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 you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Seek competent legal counsel for advice on any legal matter. What is Constructive Desertion in Virginia. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. 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. How do I plead? you think to yourself. However, the most common reason for a reckless driving charge is speed. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. 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. Out of state drivers face the same reckless driving penalties as Virginia drivers. Reckless Driving Laws by State - FindLaw Hes sorry, he tells you, but he has no choice but to find you guilty. We respond to all communications within one business day. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. If you have any questions during the stop itself, ask the officer who issued you the ticket. What To Expect From a Virginia Speeding Case in Court? Reckless Driving FAQs | Frequently Asked Questions 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. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. It happens to the best of us. You can also ask for a jury trial, but you may have to pay the costs for it. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. You can protect your future by talking with an experienced Virginia criminal defense lawyer before pleading guilty or accepting a plea offered by the prosecutor. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. 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. 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. What Is a Wet Reckless in Virginia? If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Second, discuss with your attorney whether you should take a driver education or driver improvement course. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. How to Get Reckless Driving Dismissed | Legal Beagle This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. Reckless driving is a crime. I am happy to work with you based on your convenience. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. If charged with a DUI or DWI in Virginia, it may be possible to reach an agreement by pleading a lesser charge of a wet reckless driving. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. License suspension is mandatory for a . If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. "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. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. your lawyer may argue for one of two options. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. At most, improper driving will result in a $500 fine and three points on your license. Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense "Excellent teamwork, professional staff, and caring environment." There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. . If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. I wouldnt be in school right now if it wasnt for Jacob and his team. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law How to Get Reckless Driving Reduced to Improper Driving in Virginia But the problem is that I cant know if the Commonwealth has their evidence in your case unless Ive looked at all the evidence and talked with the officer and talked with the prosecutor and then, and only then, will we know what plea we should enter. Email:info@weilandfirm.com 46.2-852. Reckless driving; general rule - Virginia You always look for a way to help your clients. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. Phone: (757) 317-1000, Newport News Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. It typically has the same effect as a guilty plea. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. You are not pleading guilty by signing the summons. One very common example of charge bargaining in Virginia relates to reckless driving. "Mr. Wilson is unbelievably knowledgeable and professional. Make sure to attend both your first appearance (if applicable) and your trial date. While an officer can arrest you for the offense, they usually do not. These penalties are commonly referred to as collateral consequences. Fill out the form below and well be in touch within 1 business day! Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. In addition, you may not prepay reckless driving citations in Virginia. Your appeal will be heard de novo in circuit court. 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. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. You were driving on the day of the offense. 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. . The judge then listens to the evidence. Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC Virginia Reckless Driving: Out of State Drivers. Never EVER Plead Guilty to Reckless Driving in Virginia - Holcomb Law, P.C. 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. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney 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. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. Our office handles reckless driving cases across Northern Virginia state courts (Alexandria, Fairfax, Arlington, Prince William) and the Eastern District of Virginia federal district court. Am I pleading guilty if I sign a reckless driving ticket? An attorney experienced with VA reckless driving defense can help you prevent that outcome. Phone: (757) 260-5996. 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. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. Its judgment time. However, there are certain guidelines you need to follow. This means that it carries the same criminal penalties as reckless driving. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. As you can no doubt see, it this is not a decision to be made lightly. 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 VA | Reckless Driving First Offense Attorneys VA Even with all this helpful information, sometimes you just need to talk. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. However, a wet reckless charge does not. 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. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Virginia Traffic Court: Should I plead No Contest or Guilty? GET DIRECTIONS. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. Finally, your attorney can look into a possible amendment to Improper Driving. Possibly. One is to get your speedometer calibrated at a Virginia auto shop. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. Holcomb Law, P.C. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. You could also ask your attorney if youve already hired one.
Buncombe County Superior Court Docket, How To Use Microgreens Growing Tray, Scott And Xanthie Tiny House, Articles P