This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. the same criminal penalties as reckless driving. For this reason, you should always speak carefully with officers during traffic stops. Plea Bargains in Virginia Reckless Driving Cases | Charles V 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. He has been great for us, the very best. 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. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. If I Date Someone Else While Separated, Is it Adultery in Virginia? . If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. 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. 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 Phone: (757) 387-1000, Hampton In a "wet reckless" you plead guilty to reckless driving with alcohol involved. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. This means that it carries the same criminal penalties as reckless driving. These relationships serve as a benefit in navigating the best path forward for clients. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. But of course we cant know for sure until we talk with the officer and any other witnesses. Get Help with Your Virginia Reckless Driving Ticket, 10468 Investors Place,Suite ASpotsylvania, VA 22553. It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. However, you should note that youll never receive a ticket for improper driving.. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. 11815 Fountain Way, Suite 300 It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. 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. All parties who plead guilty to a wet and reckless driving charge work with the prosecuting attorney to determine the terms of your guilty plea. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. 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. This law firm website and legal marketing are managed by MileMark Media. I had this video transcribed for visitors who prefer to read the content. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. You are not pleading guilty by signing the summons. You were driving unsafely, or at an unsafe speed. 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. "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. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. You go on to testify that the light had just turned green and you thought that the vehicle in front of you was beginning to accelerate and so you didnt brake. 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. However, a reckless driving ticket isnt the end of the world. Additionally, you may never even need to enter a courtroom. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. . If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. And this same decision process is just as important, if not more important, when dealing with other traffic offenses such as DUI/DWI or Hit & Run. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. Reckless driving; general rule. Because if they cant prove an element, or if there is a question of whether or not they can maybe one is a little sketchy on their end- then we would definitely want to plead not guilty. The 10 day timeline includes weekends and holidays. 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. Making a good impression on the judge is especially helpful in this regard. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. Waterville councilmember pleads guilty to reckless driving and lying to If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. Phone:(804) 355-8037 If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. All rights reserved. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. 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. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. You are not pleading guilty to reckless driving by signing the summons. 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. Rock and read Annual event encourages reading +4; Mar 2, 2023 Neck injury? Reckless Driving? You are beside yourself! Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. You explain to the court that you were not distracted when you hit the other vehicle. By providing the officer on scene with additional details, you increase the chance of self-incrimination. We understand that returning to the state may be difficult and require significant time and expense. A DUI charge stays on your criminal and DMV record. (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 . Its jam-packed full of answers for your case. 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. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Fax: (804) 355-8875 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. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Can I Appeal My Virginia Reckless Driving 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. And in most states, this is not admissible in civil proceedings. If youre charged with reckless driving, consult a lawyer immediately. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. 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. Thomas M. Wilson, Attorney at Law can help you with your reckless driving case in Virginia. If you didn't hire an attorney for your first reckless driving trial, retaining legal representation for your appeal may result in a more favorable outcome for your case. What is a standard custody agreement in Virginia? This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. 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. 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 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. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Phone: (757) 656-1000, Virginia Beach What Happens if You Get a Speeding Ticket in Virginia? This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Anyone may represent himself or herself in any criminal case, but it is not generally advised. I plead not guilty, your honor, you stammer. 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. 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). Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. . In Virginia, reckless driving is a class 1 criminal misdemeanor. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. In Virginia, reckless driving is a misdemeanor that can result in huge fines, license suspension, and even jail time. A plea of no contest, on the other hand, contains no admission. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Waterville councilmember pleads guilty to reckless driving and lying to police. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. The DMV will also apply between three and six demerit points to your license. I am a Virginia traffic attorney. Holcomb Law, P.C. 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. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. 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. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. 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. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. Reckless Driving is a pretty serious charge. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. What guilty says is yes, I did what I am accused of. There is a difference between saying that the Commonwealth has the evidence to prove what theyre claiming, versus yes, I did what Im accused of. Thats the way I like to think about no contest versus guilty, and most of the time, I wouldnt plead a client guilty unless as pursuant to a plea agreement with the Commonwealth and theyre reducing the charge or giving us a really good outcome that we might not get from the judge. Fighting your ticket can be challenging, but if you win your case, you will not be required to pay any fines or court fees, and the ticket will not be added to your record. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Your home states laws will determine whether any offense will apply to your driving record there.