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At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. 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. 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. Irrespective of the maximum speeds permitted by law, any person who drives a 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 shall be guilty of reckless driving. Virginia Traffic Tickets | I Drive Safely Instead, you are asked to sign the summons, which is a promise to appear in court. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Virginia Traffic Court: Should I plead No Contest or Guilty? If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. 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." . 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. 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. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. These penalties are commonly referred to as collateral consequences. Pleading 'No Contest' in Virginia: What You Should Know While not a valid defense on its own, taking actions to fix the problem will also help your case in court. 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. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. In many cases, I can handle your case through discussions over the phone and email. In Virginia, drivers can plead . However, there are certain guidelines you need to follow. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 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. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Making a good impression on the judge is especially helpful in this regard. 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. Make sure to always attend any court dates relating to your reckless driving charge. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. As the saying goes, anything you say can and will be used against you in a court of law. First, depending on your district, you should commit to performing community service before your trial date. Hampton, VA 23663 Its a no-brainer. Waterville councilmember pleads guilty to reckless driving and lying to If you have any questions about the court date you should reach out to the Clerk of the court. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. You understand that if you fail to attend your court hearing, you could be arrested. 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. 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 driver's civil attorney may try to use that plea against you as an admission of guilt. Plea Bargains in Virginia Reckless Driving Cases | Charles V 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. Hello, Im Andrew Flusche. 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. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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. 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. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. 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. You are not pleading guilty by signing the summons. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. Virginia courts penalize reckless driving as aClass 1 misdemeanor. This video explains a little about the different plea options and how we decide together what you should plead. Copyright The Reckless Driving Lawyers 2023. These relationships serve as a benefit in navigating the best path forward for clients. The hearing is where you will bring to light all the information presented in the police report. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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. You make your appearance in court on the designated court date. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. 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. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. You were driving on the day of the offense. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. 11815 Fountain Way, Suite 300 Holcomb Law, P.C. Can I Appeal My Virginia Reckless Driving Charge? The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. If I Date Someone Else While Separated, Is it Adultery in Virginia? 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. 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. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. But of course we cant know for sure until we talk with the officer and any other witnesses. Irrespective of the maximum speeds permitted by law, any person who drives a 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 shall be guilty of reckless driving., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . 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. What is a standard custody agreement in Virginia? 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. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Out of state drivers face the same reckless driving penalties as Virginia drivers. PDF Superseded 5/4/2022 41-6a-528 Reckless driving -- Penalty. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Anyone may represent himself or herself in any criminal case, but it is not generally advised. You could be sentenced to jail if you are convicted of reckless driving. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. 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%. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. Virginia Beach, VA 23452* Also, under most circumstances, speeding carries a maximum penalty of $250. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. 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. When you are asked by a college, a recruiter, or an employer for example, if you have a criminal record, you must truthfully answer yes. In Virginia, reckless driving is a class 1 criminal misdemeanor. Well, in part its because you didnt consult with an attorney who has a very clear understanding of Virginia traffic law, the courts policies and the facts at hand. The penalties aren't as severe as in a DUI in Virginia. 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. 46.2-868. Reckless driving; penalties - Virginia Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. 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. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. If you are convicted, you will receive: A conviction for reckless driving in Virginia may also result in increased auto insurance rates and sometimes ineligibility to rent cars. Were you or a family member charged with reckless driving in Virginia? Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. As with license suspension, the final decision falls to the judge presiding over your case. Second, you should look into taking driver improvement courses prior to your trial. 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. Pleading No Contest in Virginia Is the Same as Pleading Guilty 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. However, you can appeal the outcome of your case and receive a new trial with a different judge. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Newport News, VA 23693 I am happy to work with you based on your convenience. Newport News, VA 23606* Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Remember, failing to show up to your court date can lead to additional charges. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. Avoiding DUI Penalties With a "Wet Reckless" Charge For this reason, you should always speak carefully with officers during traffic stops. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. 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. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. We provide transparent flat fees and flexible payment plans in most cases. Then the court hears from the officer. 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. You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. What are the chances of reducing the ticket? Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. 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 Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. 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. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. Phone: (757) 656-1000, Virginia Beach By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. We would want to make them have to do their job and prove it, and maybe they cant prove it. However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. However, the easiest is to simply avoid driving over 80 miles per hour. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. 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.