Can I Appeal My Virginia Reckless Driving Charge? You explain to the court that you were not distracted when you hit the other vehicle. As with license suspension, the final decision falls to the judge presiding over your case. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. One is to get your speedometer calibrated at a Virginia auto shop. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. I work with all clients to understand their desired result. Finally, your attorney can look into a possible amendment to Improper Driving. Reckless driving sentence - Virginia - Keefer Law Firm Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. However, the costs can change based on the details of your case. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. 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. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. While an officer can arrest you for the offense, they usually do not. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. 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. 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. By providing the officer on scene with additional details, you increase the chance of self-incrimination. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Reckless driving remains on your Virginia driving record for 11 years. . If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. 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. Virginia Traffic Tickets | I Drive Safely Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. 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. If your speedometer was off in your favor this could be used to mount your defense. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. 888-DUI-LWYR | 703-361-6100. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. 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. Your appeal will be heard de novo in circuit court. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Brunswick County Va Reckless Driving Lawyers, Bowling Green Va Reckless Driving Lawyers, Caroline County va Reckless Driving Lawyers, Chesterfield County Reckless Driving Lawyers, Colonial Heights Va Reckless Driving Lawyers, Dinwiddie County Va Reckless Driving Lawyers, Greensville County Va Reckless Driving Lawyers, Henrico County va Reckless Driving Lawyers, Lawrenceville VA Reckless Driving Lawyers, King George County Va Reckless Driving Lawyers, Mecklenburg County Va Reckless Driving Lawyers, New Kent County Va Reckless Driving Attorneys, Prince George County Reckless Driving Lawyers, Spotsylvania County Va Reckless Driving Lawyers, Stafford County Va Reckless Driving Lawyers, Sussex County Va Reckless Driving Lawyers. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. 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. 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. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Contact us to see what we can do for you. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. 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. However, the easiest is to simply avoid driving over 80 miles per hour. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. 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. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. However, there are certain guidelines you need to follow. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. 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. 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. Failing to do so is a separate crime, which can result in even more penalties. 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. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Phone:(804) 355-8037 What Else Can We Do to Get Your Reckless Driving Ticket Reduced? This means that it carries the same criminal penalties as reckless driving. . Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. In Virginia, reckless driving is a class 1 criminal misdemeanor. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. But of course we cant know for sure until we talk with the officer and any other witnesses. 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. I am happy to work with you based on your convenience. Signing the summons is a good strategy to avoid these negative consequences. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. 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. Andrew wrote the book on reckless driving. I will carefully review the facts of your case in determining how best to reach your goal. 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. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. 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. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. And in most states, this is not admissible in civil proceedings. Keep in mind that you can be arrested even if you sign the ticket if the officer has other reasons to believe that you will not attend your court hearing. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. Pleading No Contest in Virginia Is the Same as Pleading Guilty. As the saying goes, anything you say can and will be used against you in a court of law. three and six demerit points to your license. 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. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. How to Get Reckless Driving Dismissed | Legal Beagle Am I pleading guilty if I sign a reckless driving ticket? GET DIRECTIONS. There are several ways to avoid reckless driving charges in Virginia. What Happens to My Health Insurance Benefits During Divorce in Virginia? Andrew wrote the book on DWI. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. 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. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. He hears from the driver of the other vehicle. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. If you are pulled over for speeding in excess of 20 mph above the posted limit, or in excess of 80 mph regardless of the posted limit, you may be charged with a class 1 misdemeanor. Phone: (757) 387-1000, Hampton 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. I am a Virginia traffic attorney. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? life, limb, or property?. 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. Virginia DUI and DWI; . This can be used against you in civil court. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. And in many Northern Virginia jurisdictions (like Fairfax County), the . This is unbelievable, you think to yourself. For this reason, you should always speak carefully with officers during traffic stops. 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. Initiating the process is quite simple. While the judge may appreciate your candor, it is still an admission of guilt. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Even with all this helpful information, sometimes you just need to talk. Well outline the basics of each of these penalties below. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Confidential or time-sensitive information should not be sent through this form. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. FREE Virginia DUI/DWI Arrest Survival Guide! By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. 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. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Virginia Traffic Court: Should I plead No Contest or Guilty? Am I pleading guilty if I sign a reckless driving ticket? While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. However, you should still speak with an attorney to double check this information. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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. How to Get Reckless Driving Reduced to Improper Driving in Virginia We recommend them without reservation to anyone looking for business law services. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. 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. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. 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. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Reckless Driving is not a traffic infraction, it is a misdemeanor. 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. Its jam-packed full of answers for your case. Now its the courts turn. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . Top Questions to Ask a Virginia Reckless Driving Attorney. You can also ask for a jury trial, but you may have to pay the costs for it. We respond to all communications within one business day. 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. 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. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. 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. Is Now the Time to Request Your Virginia Driving Record? There are reasons why no self-respecting lawyer would do this to his or her client. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News If you have been charged with reckless driving in Virginia, call (703) 995-6429 for a free consultation with one of our attorneys. 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. When you plead guilty, you are agreeing to a criminal recordfor life. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. The Virginia Code defines a number of actions as reckless driving. Pleading 'No Contest' in Virginia: What You Should Know In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. This was a minor accident. And finally its your turn to testify. However, people charged with reckless driving where alcohol or drugs are involved may plead to a wet reckless driving charge to reduce a DUI convictions devastating impact. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. I had this video transcribed for visitors who prefer to read the content. Second, you should look into taking driver improvement courses prior to your trial. 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. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Reckless driving is a class 1 misdemeanor. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. However, a reckless driving ticket isnt the end of the world. 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. 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. 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. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. The abusive driver laws in Virginia were recently repealed. If youre charged with reckless driving, consult a lawyer immediately. What is Constructive Desertion 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. Reckless driving is a Class 1 misdemeanor in Virginia. 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. Plea Bargains in Virginia Reckless Driving Cases | Charles V 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. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. Virginia laws do not statutorily define wet and reckless driving. In many cases, I can handle your case through discussions over the phone and email. All Rights Reserved. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. The Virginia Appeals Process. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway. 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. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. We would want to make them have to do their job and prove it, and maybe they cant prove it. The statute sets up speeds at which the police officer or trooper can give you a Reckless Driving charge, regardless of how you are driving. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. You could be sentenced to jail if you are convicted of reckless driving. 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. 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. It will tell you the date, time, and location of your hearing. You always look for a way to help your clients. 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. How do I plead? you think to yourself. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Our experienced reckless driving attorneys at Simms Showers, LLP serve clients in Leesburg, Loudoun County and Fairfax County and can defend you both initially and on appeal from your reckless driving charge. Being proactive in your defense can go a long way, especially in cases of reckless by speed. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. This video explains a little about the different plea options and how we decide together what you should plead. Reckless Driving Laws by State - FindLaw Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Possibly. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. 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. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. 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. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. "Excellent teamwork, professional staff, and caring environment." Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. This is an informal hearing commonly known as arraignment. If your reckless driving charge is a result of racing, you face enhanced penalties, including a license suspension of up to 2 years and the possible permanent seizure of your vehicle. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. . 468 Investors Pl, Suite 202A . Motorists who cause severe injuries to another person while . A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. It is important to beat your reckless driving Virginia charge as it appears in all background checks and proves to be a hurdle to your future progress. 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

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