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Can I plead not guilty to a careless driving charge? Andrew Lindsey; . 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. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. Virginia Traffic Court: Should I plead No Contest or Guilty? All rights reserved. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. However, you should still speak with an attorney to double check this information. It will tell you the date, time, and location of your hearing. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. You understand that if you fail to attend your court hearing, you could be arrested. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. So, what to do? But then to add insult to injury that police officer who has been very nice throughout the crash investigation informs you that the driver of the other vehicle needs to be taken to the hospital for a possible neck injury, and that he has to charge you with Reckless Driving. Holcomb Law, P.C. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. Reckless Driving Laws by State - FindLaw You can appeal a guilty verdict in a reckless driving case under a couple of conditions. And in most states, this is not admissible in civil proceedings. Virginia is notoriously harsh in its treatment of driving crimes. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. 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%. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 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. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Phone:(804) 355-8037 That is why it is so important that you work with a knowledgeable reckless driving attorney. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. How do I plead? you think to yourself. This is unbelievable, you think to yourself. 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. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. 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. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. These penalties are commonly referred to as collateral consequences. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. I had this video transcribed for visitors who prefer to read the content. The Virginia Appeals Process. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . 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. This lets you avoid criminal charges altogether in exchange for a much lower punishment, such as a small fine, community service, and/or mandatory driving classes. 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. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. I am happy to work with you based on your convenience. However, you should note that most of the articles youll read about how to get out of tickets dont usually work in court. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. What guilty says is yes, I did what I am accused of. There is a difference between saying that the Commonwealth has the evidence to prove what theyre claiming, versus yes, I did what Im accused of. Thats the way I like to think about no contest versus guilty, and most of the time, I wouldnt plead a client guilty unless as pursuant to a plea agreement with the Commonwealth and theyre reducing the charge or giving us a really good outcome that we might not get from the judge. In Virginia, this is more typically called a no contest plea. These relationships serve as a benefit in navigating the best path forward for clients. 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 are the Consequences of a Reckless Driving Conviction? Waterville councilmember pleads guilty to reckless driving and lying to 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. But of course we cant know for sure until we talk with the officer and any other witnesses. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. This can help show the judge that youre taking steps to fix the problem. Reckless Driving Lawyer In Virginia Beach | Reckless Driving Defense Can I Appeal My Virginia Reckless Driving Charge? This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. You can also ask for a jury trial, but you may have to pay the costs for it. By the time you realized they had not gone forward upon the light turning green it was too late and you made minor impact with the other vehicle. 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. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. 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 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. Reckless driving remains on your Virginia driving record for 11 years. We provide transparent flat fees and flexible payment plans in most cases. Well outline the basics of each of these penalties below. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Your case gets called and the judge asks you how you plead. Reckless driving carries many of the same consequences of any misdemeanor criminal offense, including the possibility of jail time and a criminal record that is both permanent and publicly available. 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. 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., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . When you make a mistake and you cut your arm, please call a doctor. If you have any questions about the court date you should reach out to the Clerk of the court. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. What Happens to My Health Insurance Benefits During Divorce in Virginia? These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. We provide free consultations for cases in our area. 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. 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. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. Newport News, VA 23606* Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. This is because most states subscribe to the Interstate Drivers License Compact. Andrew wrote the book on DWI. 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. You always look for a way to help your clients. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. This was a minor accident. And finally its your turn to testify. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. One is to get your speedometer calibrated at a Virginia auto shop. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. The trial itself will be conducted in the same general fashion as your first trial. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. 46.2-868. Reckless driving; penalties - Virginia If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. A DUI charge stays on your criminal and DMV record. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. This field is for validation purposes and should be left unchanged. However, most first-time offenders can avoid jail by instead performing community service. The other choice of plea would be no contest. 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. Avoiding DUI Penalties With a "Wet Reckless" Charge 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. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. While an officer can arrest you for the offense, they usually do not. Pleading a wet and reckless driving charge may only be available for first-time offenders. You will be given a court date, and it is extremely important that you appear when you are supposed to. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. 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. 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. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. 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. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Please call today to schedule a free, no-obligation consultation. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. Often, a conviction also affects government security clearances and contract eligibility for military or law enforcement personnel, and must be disclosed when applying for U.S. citizenship. 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. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. 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 Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Depending on your state, either the judge or a jury will make a final decision. 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. 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. What To Expect From a Virginia Speeding Case in Court? It means that you are not admitting guilt, but you are also not disputing the facts of the charge and therefore, you accept the court's decision even though you're not admitting guilt. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. There are two ways to commit reckless driving: you can either. 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. In Virginia, drivers can plead . Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Testimonials & Reviews: Our Clients Words. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Am I pleading guilty if I sign a reckless driving ticket? 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. Initiating the process is quite simple. First, depending on your district, you should commit to performing community service before your trial date. 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.. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. Email:[email protected] In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. He can arrest you and take you to the police station for booking as a result. Reckless driving sentence - Virginia - Keefer Law Firm Complete the form below to receive a free consultation. Plea Bargains in Virginia Reckless Driving Cases | Charles V 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. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. Make sure to attend both your first appearance (if applicable) and your trial date. Yes. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. While the judge may appreciate your candor, it is still an admission of guilt. While an officer can arrest you for the offense, they usually do not. Call Free Consultation (703) 350-4877. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. Phone: (757) 317-1000, Newport News Out of state drivers face the same reckless driving penalties as Virginia drivers. Anyone may represent himself or herself in any criminal case, but it is not generally advised. 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. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. It happens to the best of us. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. A person can be charged with reckless driving if he is driving 20 miles per hour over . 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. How Do I Fight A Reckless Driving Charge in Virginia? 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. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. When you plead guilty, you are agreeing to a criminal recordfor life. Possibly. 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. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. If you are found guilty or plead guilty, you will have a criminal conviction on your record. You must answer the ticket in the same way as in-state offenders. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. 46.2-852. Reckless driving; general rule - Virginia How Should I Plead In My Traffic Case? - Andrew Flusche What Happens if You Get a Speeding Ticket in Virginia? Instead, the maximum penalty for speeding is usually only a $250 fine. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. The higher your speed, the more likely jail time becomes. 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. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Visit our site today for more information. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? Additionally, you may never even need to enter a courtroom. There are several ways to avoid reckless driving charges in Virginia. . 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. Copyright The Reckless Driving Lawyers 2023. In Virginia, reckless driving is a class 1 criminal misdemeanor. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. . It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver.