However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. A person can be charged with reckless driving if he is driving 20 miles per hour over . There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. If you have any questions during the stop itself, ask the officer who issued you the ticket. We understand that returning to the state may be difficult and require significant time and expense. But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. However, the law was repealed a year later, and this is no longer a potential consequence. As you can no doubt see, it this is not a decision to be made lightly. 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. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. A Quick Guide to Virginias Hit and Run Laws. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. Home; Practice Areas . It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. life, limb, or property?. Seek competent legal counsel for advice on any legal matter. I plead not guilty, your honor, you stammer. Make sure to always attend any court dates relating to your reckless driving charge. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. In order to make a reckless driving charge stick, the state has to prove the following things beyond reasonable doubt: If the judge has a reason to doubt either of those facts, you can move to get your case dismissed. Yes. Contact us to see what we can do for you. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Fines: Class 1 misdemeanors carry a fine of up to $2,500. . In Virginia, reckless driving is defined as any of the following: Driving over 20 mph over the speed limit, or faster than 80 mph total. That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. Its a no-brainer. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. 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. I work with all clients to understand their desired result. It typically has the same effect as a guilty plea.
What Happens if You Get a Speeding Ticket in Virginia? 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. What is a standard custody agreement in Virginia? If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Hampton, VA 23663 Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. An officer may arrest you for reckless driving if he or she observes you: No. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. In most cases, you can resolve them by simply paying the associated fine online. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. Additionally, you may never even need to enter a courtroom. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. We respond to all communications within one business day. And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel.
Reckless Driving Lawyer Virginia - Criminal Defense Law Firm However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Andrew wrote the book on reckless driving. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. 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. Testimonials & Reviews: Our Clients Words. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. You also cannot appeal if you plead guilty to the reckless driving charge or a reduced charge, because pleading guilty automatically waives your right to appeal. Additional penalties for failing to appear may also apply. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. What Is The Virginia Difference Between Misdemeanor & Felony DUI? By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. I will carefully review the facts of your case in determining how best to reach your goal. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice.
Reckless Driving Laws by State - FindLaw 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. Do you know how hard it is to find a lawyer that you can trust? When you make a mistake and you cut your arm, please call a doctor. 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. If convicted, youll usually receive a relatively large fine. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. In Virginia, this is more typically called a no contest plea. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. 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. 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. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. Mar 2, 2023 Education. As the nice officer hands you the summons for Reckless Driving with a court date for you to appear and plead your case to the judge he waves politely and tells you to have a nice day. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. .
Reckless Driving | Salt Lake City, Ogden, Provo | Defense Attorney 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%. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. We would want to make them have to do their job and prove it, and maybe they cant prove it. 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. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. The officer testifies that he did not see any tire marks to indicate braking, which led him to believe that you were distracted and did not brake before impacting the other vehicle. Reckless driving is a class 1 misdemeanor. Jacob has been our lawyer for 3 years now and he is excellent. 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. Also, under most circumstances, speeding carries a maximum penalty of $250. Email:info@weilandfirm.com Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. 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. A lawyer can question any witnesses and make arguments on your behalf.
How to Get Reckless Driving Dismissed | Legal Beagle 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. It is only a promise that you will be in court. Pleading a wet and reckless driving charge may only be available for first-time offenders. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. As the saying goes, anything you say can and will be used against you in a court of law. 11815 Fountain Way, Suite 300
Jayson Werth of Washington Nationals pleads guilty to reckless driving 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. 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. Please call today to schedule a free, no-obligation consultation. The 10 day timeline includes weekends and holidays. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Virginia is notoriously harsh in its treatment of driving crimes. Hes sorry, he tells you, but he has no choice but to find you guilty. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. 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. 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. If you have any questions, please contact our firm at (804) 355-8037. While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge.
46.2-868. Reckless driving; penalties - Virginia 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. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Speeding tickets are traffic infractions, not misdemeanors. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. However, if you still dont understand something after leaving the stop, there are a few things you can do to check whether the ticket is for reckless driving: Once youre certain that your ticket is for reckless driving, its time to take a look at your court date. Mr. Wilson is a true professional. However, the most common reason for a reckless driving charge is speed. The Virginia Code defines a number of actions as reckless driving. No.
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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. 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. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? 6 Reasons a Lawyer Should Fight Your Ticket. Call Free Consultation (703) 350-4877. . Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Contactme today to discuss your cases facts to determine the best option for you! This can help show the judge that youre taking steps to fix the problem.
Being proactive in your defense can go a long way, especially in cases of reckless by speed.
Waterville councilmember pleads guilty to reckless driving and lying to It will tell you the date, time, and location of your hearing.