If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. How Much Does a Virginia Reckless Driving Lawyer Cost? 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. Phone: (757) 387-1000, Hampton If you qualify for a court-appointed attorney, the judge will also let you know on this day. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Here is what you are agreeing to when you sign the summons: If you refuse to sign the reckless driving summons, the police officer may assume that you will not appear in court and has the discretion to arrest you and take you to the police station to be booked. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. Reckless Driving is a pretty serious charge. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. 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. Pleading a wet and reckless driving charge may only be available for first-time offenders. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. 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. We provide transparent flat fees and flexible payment plans in most cases. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. 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. 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. In a "wet reckless" you plead guilty to reckless driving with alcohol involved. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. However, there are certain guidelines you need to follow. I work with all clients to understand their desired result. Phone: (757) 260-5996. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Additional penalties for failing to appear may also apply. It is in your best interest to have a Virginia attorney who is experienced in reckless driving laws file the appeal for you and represent you throughout the process. 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. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. However, the most common reason for a reckless driving charge is speed. 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. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Virginia courts penalize reckless driving as aClass 1 misdemeanor. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 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. Hello, Im Andrew Flusche. Fill out the form below and well be in touch within 1 business day! Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. The Notice of Appeal form will list a date . 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. Its a no-brainer. 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. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. But generally, reckless driving is a misdemeanor. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. And in many Northern Virginia jurisdictions (like Fairfax County), the . However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Speak to one of our lawyers now to identify the right solutions. 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. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. 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. 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. For this reason, you should always speak carefully with officers during traffic stops. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. 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. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. You must answer the ticket in the same way as in-state offenders. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. No. You only have 10 days to file the paperwork with your local Circuit Court. 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. When you make a mistake and you cut your arm, please call a doctor. These points will normally remain on your license for two years. Your case gets called and the judge asks you how you plead. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Pleading to less serious charges. I will carefully review the facts of your case in determining how best to reach your goal. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. How Do I Fight A Reckless Driving Charge in Virginia? It happens to the best of us. In Virginia, drivers can plead . Your Virginia reckless driving defense attorney can help you accomplish this. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. Making a good impression on the judge is especially helpful in this regard. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. What Kind of Evidence Can Help in My Reckless Driving Case? There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. 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. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. What is Constructive Desertion in Virginia. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. 29 S Mallory St, Suite 206 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. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. 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. Home Criminal Defense Misdemeanor Reckless Driving in Virginia: Va Code 46.2-862. 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. You cannot simply mail in 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. One is to get your speedometer calibrated at a Virginia auto shop. 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. Speeding tickets are traffic infractions, not misdemeanors. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. In return, the court will offer you a plea deal for this much lower offense. Mr. Wilson is a true professional. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal.
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