Its jam-packed full of answers for your case. A plea of no contest, on the other hand, contains no admission. So, what to do? One is to get your speedometer calibrated at a Virginia auto shop. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. By providing the officer on scene with additional details, you increase the chance of self-incrimination. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. This video explains a little about the different plea options and how we decide together what you should plead. Additionally, you may never even need to enter a courtroom. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. I work with all clients to understand their desired result. 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. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Signing the summons is a good strategy to avoid these negative consequences. "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. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Second, you should look into taking driver improvement courses prior to your trial. Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. . In Virginia, reckless driving is a class 1 criminal misdemeanor. 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. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. These points will normally remain on your license for two years. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? If you get stopped and you get charged with a crime, call a lawyer! In situations where there is difficulty proving blood alcohol levels with certainty, many may seek to reduce their DUI charge to a wet reckless driving charge. Finally, your attorney can look into a possible amendment to Improper Driving. Contactme today to discuss your cases facts to determine the best option for you! 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. 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. 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. 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. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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. 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. Were you or a family member charged with reckless driving in Virginia? To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. Initiating the process is quite simple. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Pleading a wet and reckless driving charge may only be available for first-time offenders. You are not pleading guilty by signing the summons. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. 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. 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. Reckless Driving is a pretty serious charge. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Motorists who cause severe injuries to another person while . There are reasons why no self-respecting lawyer would do this to his or her client. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. 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. How Much Does a Virginia Reckless Driving Lawyer Cost? 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. your lawyer may argue for one of two options. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. That is why it is so important that you work with a knowledgeable reckless driving attorney. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. 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. He hears from the driver of the other vehicle. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. How do I plead? you think to yourself. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. Also, under most circumstances, speeding carries a maximum penalty of $250. . By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Call Free Consultation (703) 350-4877. 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. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. Even if you live in another state, you might have to show up in the Virginia court listed on your ticket on your assigned day. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. I will carefully review the facts of your case in determining how best to reach your goal. You explain to the court that you were not distracted when you hit the other vehicle. If you plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. 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. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Reckless driving means driving a car while willingly disregarding the safety of property and people. How Should I Plead In My Traffic Case? - Andrew Flusche While the judge may appreciate your candor, it is still an admission of guilt. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. 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. 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. How Do I Fight A Reckless Driving Charge in Virginia? The first and most important question you should ask is whether your ticket is for speeding or reckless driving. Contact us to see what we can do for you. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. 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. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law 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. 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. What are the chances of reducing the ticket? The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. 2023 Simms Showers, LLP. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. There are several ways to avoid reckless driving charges in Virginia. A DUI charge stays on your criminal and DMV record. Jacob has been our lawyer for 3 years now and he is excellent. 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. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. 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. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. In general, you should expect to pay around $350-$500. Virginia Beach, VA 23452* Utah's Reckless and Driving Laws and Penalties How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? It happens to the best of us. Speak to one of our lawyers now to identify the right solutions. Speeding is a traffic infraction, and it doesn't carry jail time. 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. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 Initiating the process is quite simple.