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. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. 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. 720 Mall Parkway Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Virginia laws do not statutorily define wet and reckless driving. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. How Long Does a Reckless Driving Stay on Record in Virginia? This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. 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. 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. Call Free Consultation (703) 350-4877. 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.. In Virginia, this is more typically called a no contest plea. When you plead guilty, you are agreeing to a criminal recordfor life. Top Questions to Ask a Virginia Reckless Driving Attorney. License suspension is mandatory for a . All rights reserved. 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. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. Guilty is a little bit different than no contest. This video explains a little about the different plea options and how we decide together what you should plead. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. Anyone may represent himself or herself in any criminal case, but it is not generally advised. You will be given a court date, and it is extremely important that you appear when you are supposed to. In return, the court will offer you a plea deal for this much lower offense. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. But of course we cant know for sure until we talk with the officer and any other witnesses. Reckless driving is a Class 1 misdemeanor in Virginia. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. The higher your speed, the more likely jail time becomes. 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. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. We respond to all communications within one business day. Even with all this helpful information, sometimes you just need to talk. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. A person can be charged with reckless driving if he is driving 20 miles per hour over . The 10 day timeline includes weekends and holidays. If your speedometer was off in your favor this could be used to mount your defense. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. EVER. Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. One very common example of charge bargaining in Virginia relates to reckless driving. 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. You only have 10 days to file the paperwork with your local Circuit Court. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. There are two ways to commit reckless driving: you can either. The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Phone:(804) 355-8037 Avoiding jail time. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. How is this possible? 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. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. 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. 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 are not pleading guilty to reckless driving by signing the summons. In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. 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. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. Phone: (757) 317-1000, Newport News If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. This law firm website and legal marketing are managed by MileMark Media. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. 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. First, look at the charges or law section part of the ticket. This is unbelievable, you think to yourself. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. 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. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. You could be sentenced to jail if you are convicted of reckless driving. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. Holcomb Law, P.C. What gives me the shivers and a cold sweat is seeing a pro se defendant (no lawyer) walk up to the front of the room and plead guilty to Reckless Driving, a Class 1 Misdemeanor, without a fight. The Virginia Code defines a number of actions as reckless driving. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. We provide free consultations for cases in our area. Please call today to schedule a free, no-obligation consultation. Reckless driving is a Class 1 misdemeanor in Virginia. 29 S Mallory St, Suite 206 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. 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. This means that no matter how light the traffic and no matter how under control your vehicle, it is still reckless driving to drive 85 mph, even in a 70 mph zone, or 20 mph or more over the speed limit. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. We go above and beyond in order to provide our clients with the best possible representation. We recommend them without reservation to anyone looking for business law services. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. As the saying goes, anything you say can and will be used against you in a court of law. By providing the officer on scene with additional details, you increase the chance of self-incrimination. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. 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. Can I Appeal My Virginia Reckless Driving Charge? Depending on your state, either the judge or a jury will make a final decision. . Mar 2, 2023 Education. However, a wet reckless charge does not. 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. Reckless driving is a class 1 misdemeanor. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. If you are found guilty or plead guilty, you will have a criminal conviction on your record. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Is Now the Time to Request Your Virginia Driving Record? If convicted, youll usually receive a relatively large fine. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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. 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. One exception is that your reckless driving conviction may not impact your driving privileges in your home state, and you may not receive points against your license. Neck injury? Reckless Driving? You are beside yourself! Your appeal will be heard de novo in circuit court. In addition, you may not prepay reckless driving citations in Virginia. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. 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 Make sure to attend both your first appearance (if applicable) and your trial date. (1) A person is guilty of reckless driving who operates a vehicle: (a) in willful or wanton disregard for the safety of persons or property; or (b) while committing three or more moving traffic violations under Title 41, Chapter 6a, Traffic Code, in a series of acts occurring within a single continuous . 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 must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Your home states laws will determine whether any offense will apply to your driving record there. It will tell you the date, time, and location of your hearing. A lawyer can question any witnesses and make arguments on your behalf. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. For this reason, you should always speak carefully with officers during traffic stops. And in many Northern Virginia jurisdictions (like Fairfax County), the . Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. 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. Yes. 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.