2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Appealing Your Reckless Driving Conviction - Charles V. Hardenbergh, PC In Virginia, you have the automatic right to appeal any finding by the general district court. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. 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. I work with all clients to understand their desired result. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. 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 It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. 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. Phone: (757) 656-1000, Virginia Beach 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. When you plead guilty, you are agreeing to a criminal recordfor life. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Phone: (757) 260-5996. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Defenses to reckless driving charges may include: Mitigating factors which may allow for a reduced sentence or reduced charge include: The Virginia reckless driving laws include some specific circumstances that can be used to argue for dismissal or reduction of the charge. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. All Rights Reserved. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Although consequences of a wet reckless driving charge may mirror the consequences of a DUI or DWI conviction, multiple benefits exist to seeking a plea of wet reckless driving. These relationships serve as a benefit in navigating the best path forward for clients. 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. 46.2-852. Reckless driving; general rule - Virginia We would want to make them have to do their job and prove it, and maybe they cant prove it. 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. Initiating the process is quite simple. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. You could also ask your attorney if youve already hired one. Complete the form below to receive a free consultation. . If convicted, youll usually receive a relatively large fine. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. Signing the summons is a good strategy to avoid these negative consequences. For a first reckless driving conviction, the Driver License Division (DLD) can suspend the driver's license for up to three months upon the recommendation of the judge. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. He has been great for us, the very best. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. "Mr. Wilson is unbelievably knowledgeable and professional. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. We provide free consultations for cases in our area. Typically, this involves asking the Commonwealth Attorney to instead find you guilty of improper driving. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. Make sure to always attend any court dates relating to your reckless driving charge. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Avoiding jail time. This means that it carries the same criminal penalties as reckless driving. 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. 2023 Simms Showers, LLP. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Reckless Driving FAQs | Frequently Asked Questions Confidential or time-sensitive information should not be sent through this form. How Much Does a Virginia Reckless Driving Lawyer Cost? There are 5 general ways to receive DUI charges in Virginia, all of which will result in the loss of your license, fines, and possibly even jail time. A lawyer can question any witnesses and make arguments on your behalf. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. A plea of no contest, on the other hand, contains no admission. And in many Northern Virginia jurisdictions (like Fairfax County), the . 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. Out of state drivers face the same reckless driving penalties as Virginia drivers. How to Get Reckless Driving Reduced to Improper Driving in Virginia The first and most important question you should ask is whether your ticket is for speeding or reckless driving. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Jacob is the Managing Partner of Tingen Law. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. This video explains a little about the different plea options and how we decide together what you should plead. 6 Reasons a Lawyer Should Fight Your Ticket. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. We provide transparent flat fees and flexible payment plans in most cases. Then we would say no contest because thats saying weve seen the evidence, and were admitting that they have the evidence to prove the charge theyve levied. Hes sorry, he tells you, but he has no choice but to find you guilty. Virginia Traffic Court: Should I plead No Contest or Guilty? Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. Contact us to see what we can do for you. 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. I am a Virginia traffic attorney. And in most states, this is not admissible in civil proceedings. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. 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. 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. 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] . All rights reserved. What Kind of Evidence Can Help in My Reckless Driving Case? 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. Virginia Beach, VA 23452* 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. Waterville councilmember pleads guilty to reckless driving and lying to You only have 10 days to file the paperwork with your local Circuit Court. 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. Many Virginia jurisdictions no longer permit wet reckless driving pleas. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. . Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. Even with all this helpful information, sometimes you just need to talk. Virginia is notoriously harsh in its treatment of driving crimes. However, you should still speak with an attorney to double check this information. Jacob has been our lawyer for 3 years now and he is excellent. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. You must answer the ticket in the same way as in-state offenders. If we can't help, we'll do our best to connect you with someone who can. This could have a negative impact on future prospects, including employment. What is a standard custody agreement in Virginia? Possibly. Additional penalties for failing to appear may also apply. This can help show the judge that youre taking steps to fix the problem. Reckless driving is defined by the Code of Virginia, and though it deals with traffic infractions, it is a criminal offense rather than a moving violation. Yes. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. Free for Personal Injury & Criminal Defense Only. 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.