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. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. This is unbelievable, you think to yourself. 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. We go above and beyond in order to provide our clients with the best possible representation. You could also ask your attorney if youve already hired one. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. 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). Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. 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. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. It happens to the best of us. Additionally, you may never even need to enter a courtroom. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. What Happens if You Get a Speeding Ticket in Virginia? This can help show the judge that youre taking steps to fix the problem. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. 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. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. 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. The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). 720 Mall Parkway 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. Can I Appeal My Virginia Reckless Driving Charge? Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. Please call today to schedule a free, no-obligation consultation. 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. Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. Second, you should look into taking driver improvement courses prior to your trial. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. Email:info@weilandfirm.com This was a minor accident. And finally its your turn to testify. 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. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. A person can be charged with reckless driving if he is driving 20 miles per hour over . 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. However, a reckless driving ticket isnt the end of the world. Reckless Driving is not a traffic infraction, it is a misdemeanor. However, the law was repealed a year later, and this is no longer a potential consequence. 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. (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 . Reckless driving is a Class 1 misdemeanor in Virginia. That is why it is so important that you work with a knowledgeable reckless driving attorney. Well outline the basics of each of these penalties below. 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. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. These penalties are commonly referred to as collateral consequences. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Pleading a wet and reckless driving charge may only be available for first-time offenders. Rock and read Annual event encourages reading +4; Mar 2, 2023 You should consult an attorney to see the range of mitigating factors that can help you get a reduced punishment or charge reduction. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. If your speedometer was off in your favor this could be used to mount your defense. Holcomb Law, P.C. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Visit our site today for more information. . The penalties aren't as severe as in a DUI in Virginia. 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. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. You should know that dry reckless is different from wet reckless. The Virginia Appeals Process. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. Motorists who cause severe injuries to another person while . In Virginia, you have the automatic right to appeal any finding by the general district court. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. The 10 day timeline includes weekends and holidays. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. In general, you should expect to pay around $350-$500. In Virginia, drivers can plead . The DMV will also apply between three and six demerit points to your license. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. 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. When you plead guilty, you are agreeing to a criminal recordfor life. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. Newport News, VA 23693 Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. One very common example of charge bargaining in Virginia relates to reckless driving. First, look at the charges or law section part of the ticket. 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. "Mr. Wilson is unbelievably knowledgeable and professional. Then the court hears from the officer. Phone:(804) 355-8037 What is Constructive Desertion in Virginia. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. How is this possible? 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. If you have any questions about the court date you should reach out to the Clerk of the court. Make sure to always attend any court dates relating to your reckless driving charge. 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. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. 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. If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. Virginia laws do not statutorily define wet and reckless driving. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . Reckless Driving in Virginia. 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. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. If youre charged with reckless driving, consult a lawyer immediately. Virginia Traffic Court: Should I plead No Contest or Guilty? Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. 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. Reckless driving; general rule. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. We would want to make them have to do their job and prove it, and maybe they cant prove it. You must answer the ticket in the same way as in-state offenders. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Initiating the process is quite simple. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. 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. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . 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. No. A plea of no contest, on the other hand, contains no admission. Failing to do so is a separate crime, which can result in even more penalties. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Speak to one of our lawyers now to identify the right solutions. Home; About. 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%. Phone: (757) 317-1000, Newport News In many cases, I can handle your case through discussions over the phone and email. 11815 Fountain Way, Suite 300 Finally, your attorney can look into a possible amendment to Improper Driving. And in many Northern Virginia jurisdictions (like Fairfax County), the . One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. The Notice of Appeal form will list a date . Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. . Initiating the process is quite simple. 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. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. 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. Instead, you are asked to sign the summons, which is a promise to appear in court. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Were a Richmond, Virginia law firm with clients from around the world. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. However, Virginia will report the offense and any imposed suspension or points to your home state. 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. While the judge may appreciate your candor, it is still an admission of guilt. There are two ways to commit reckless driving: you can either. 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. For this reason, you should always speak carefully with officers during traffic stops. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. What Is The Virginia Difference Between Misdemeanor & Felony DUI? 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. The abusive driver laws in Virginia were recently repealed. 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. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. You also cannot appeal if you plead guilty to the reckless driving charge or a reduced charge, because pleading guilty automatically waives your right to appeal.
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