Instead, you are asked to sign the summons, which is a promise to appear in court. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. . Confidential or time-sensitive information should not be sent through this form. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. That is why it is so important that you work with a knowledgeable reckless driving attorney. It doesnt take too much of an imagination to see yourself involved in a relatively minor accident at a traffic light on your way home from work. Being proactive in your defense can go a long way, especially in cases of reckless by speed. 3437 W. Cary St. Richmond, VA 23221 In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. Even if you have already been found guilty of reckless driving, you may be able to appeal. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? 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. Now its the courts turn. As you can no doubt see, it this is not a decision to be made lightly. 41-6a-528 Reckless driving -- Penalty. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. What are the Consequences of a Reckless Driving Conviction? However, a wet reckless charge does not. 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. 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. 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. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). 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. This is especially true for repeat offenders. While the judge may appreciate your candor, it is still an admission of guilt. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. However, you can appeal the outcome of your case and receive a new trial with a different judge. Call our Fairfax law office or start an online chat to schedule a free consultation today. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. License suspension is mandatory for a . The Commonwealth of Virginia defines reckless driving in many different ways. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? life, limb, or property?. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. A plea of no contest, on the other hand, contains no admission. I wouldnt be in school right now if it wasnt for Jacob and his team. First, depending on your district, you should commit to performing community service before your trial date. 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. Reckless Driving in Virginia. 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. 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. Contactme today to discuss your cases facts to determine the best option for you! In addition, you may not prepay reckless driving citations in Virginia. All rights reserved. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. 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. 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. You were driving unsafely, or at an unsafe speed. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. We respond to all communications within one business day. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. But that's only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Initiating the process is quite simple. These penalties are commonly referred to as collateral consequences. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. To explore your options, contact the firm at 908-643-6801 or via email to . The final plea that would normally be entered is guilty. Signing the summons is a good strategy to avoid these negative consequences. What is a standard custody agreement in Virginia? He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. Home; Practice Areas . Speeding tickets are traffic infractions, not misdemeanors. Andrew wrote the book on reckless driving. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. While an officer can arrest you for the offense, they usually do not. Indeed, pleading not guilty or no contest before such a judge could prove to be a very costly mistake, especially to a person concerned about the affect the reckless driving conviction could have on their driving record, auto insurance rates, employment, or driving privileges. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. Call Free Consultation (703) 350-4877. Additional penalties for failing to appear may also apply. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. The Virginia Appeals Process. 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. Andrew wrote the book on DWI. However, you should note that youll never receive a ticket for improper driving.. 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. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. 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. Guilty is a little bit different than no contest. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. If we can't help, we'll do our best to connect you with someone who can. When you plead guilty, you are agreeing to a criminal recordfor life. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. 29 S Mallory St, Suite 206 Seek competent legal counsel for advice on any legal matter. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. 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. However, there are certain guidelines you need to follow. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Well outline the basics of each of these penalties below. To drive recklessly in Virginia is to have a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property. Powers v. Commonwealth, 211 Va. 386, 388 (1970). When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. 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. By providing the officer on scene with additional details, you increase the chance of self-incrimination. 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. 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. 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. 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. What are the chances of reducing the ticket? First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. The 10 day timeline includes weekends and holidays. Visit our site today for more information. However, the most common reason for a reckless driving charge is speed. Your appeal will be heard de novo in circuit court. 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. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. Is Now the Time to Request Your Virginia Driving 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. 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. 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. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Motorists who cause severe injuries to another person while . If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Second, discuss with your attorney whether you should take a driver education or driver improvement course. An officer may arrest you for reckless driving if he or she observes you: No. Anyone may represent himself or herself in any criminal case, but it is not generally advised. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense.
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