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. 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. Basically, you want to show the court that youve made efforts to correct your behavior, and that there is a low risk of a repeat offense. First, look at the charges or law section part of the ticket. 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. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. We respond to all communications within one business day. 29 S Mallory St, Suite 206 While reckless driving is a class 1 misdemeanor, aggressive driving is a class 2 misdemeanor; however, aggressive driving with the intent to injure another person is charged as a class 1 misdemeanor. Pleading No Contest in Virginia Is the Same as Pleading Guilty. 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 addition, you may not prepay reckless driving citations in Virginia. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News Phone: (757) 387-1000, Hampton This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. 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. Depending on your state, either the judge or a jury will make a final decision. For this reason, you might have some difficulty figuring out whether your ticket is for speeding or reckless driving. 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. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. If I Date Someone Else While Separated, Is it Adultery in Virginia? 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. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. If accepted, you will plead guilty or no contest to this lesser offense in exchange for the corresponding lower penalties. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. Now its the courts turn. EVER. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. These points will normally remain on your license for two years. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. Reckless driving in Virginia is a criminal misdemeanor offense and carries all the penalties of a class I misdemeanor. I am a Virginia traffic attorney. 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. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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. However, the easiest is to simply avoid driving over 80 miles per hour. . In a "wet reckless" you plead guilty to reckless driving with alcohol involved. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. An officer may arrest you for reckless driving if he or she observes you: No. One is to get your speedometer calibrated at a Virginia auto shop. 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. 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%. This is an informal hearing commonly known as arraignment. If you have any questions during the stop itself, ask the officer who issued you the ticket. 3437 W. Cary St. Richmond, VA 23221 Phone: (757) 317-1000, Newport News 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. 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. However, a wet reckless charge does not. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. The hearing is where you will bring to light all the information presented in the police report. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. 468 Investors Pl, Suite 202A Pleading to less serious charges. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. Its judgment time. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. Newport News, VA 23693 . 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. I plead not guilty, your honor, you stammer. 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. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. 888-DUI-LWYR | 703-361-6100. 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. Call Free Consultation (703) 350-4877. In Virginia, most of the above penalties apply equally to in-state and out-of-state drivers. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of 46.2-818.2 shall include a mandatory minimum fine of $250. However, most first-time offenders can avoid jail by instead performing community service. You were driving on the day of the offense. If we can't help, we'll do our best to connect you with someone who can. In fact, you may get jail time for not appearing even though you may not have received jail time for the original charge. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. What Happens to My Health Insurance Benefits During Divorce in Virginia? If you have any questions, please contact our firm at (804) 355-8037. 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. 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. Avoiding jail time. While not a valid defense on its own, taking actions to fix the problem will also help your case in court. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. Fax: (804) 355-8875 But if you dispute the facts of your alleged offense, it may make sense to fight the charge. There is a very short timeframe, so you should contact a qualified reckless driving attorney as soon as possible. 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. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. To explore your options, contact the firm at 908-643-6801 or via email to . He can arrest you and take you to the police station for booking as a result. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. You may be able to enter into a plea agreement to plead guilty to a much less serious offense that does not include the harsh penalties of a reckless driving conviction or that may not result in a criminal record. 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). You must answer the ticket in the same way as in-state offenders. If your reckless driving charge is a result of racing, you face enhanced penalties, including a license suspension of up to 2 years and the possible permanent seizure of your vehicle. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. your lawyer may argue for one of two options. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. 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. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. That means you wont have a criminal charge on your record, and jail time is off the table, though you will likely receive a fine. 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. 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. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. There are reasons why no self-respecting lawyer would do this to his or her client. In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. You could be sentenced to jail if you are convicted of reckless driving. 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. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. This is unbelievable, you think to yourself. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. Were a Richmond, Virginia law firm with clients from around the world. Phone: (757) 656-1000, Virginia Beach Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Our special report about driving on suspended explains six critical issues to possibly fight in your case. 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. However, the most common reason for a reckless driving charge is speed. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. We recommend them without reservation to anyone looking for business law services. Reckless Driving is not a traffic infraction, it is a misdemeanor. 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. As the saying goes, anything you say can and will be used against you in a court of law. Hampton, VA 23663 It is in your best interest to consult with a Virginia reckless driving attorney before making any decisions. Mr. Wilson is a true professional. However, you should still speak with an attorney to double check this information. Newport News, VA 23606* 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. If you do not have a VA defense lawyer, then you must appear in court in order to defend yourself. 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. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. However, there are certain guidelines you need to follow. Additional penalties for failing to appear may also apply. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. . While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. What are the chances of reducing the ticket? Andrew Lindsey; . However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Hes sorry, he tells you, but he has no choice but to find you guilty. Make sure to attend both your first appearance (if applicable) and your trial date. I will carefully review the facts of your case in determining how best to reach your goal. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. First, depending on your district, you should commit to performing community service before your trial date. This means that it carries the same criminal penalties as reckless driving. Reckless Driving is a pretty serious charge. life, limb, or property?. 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. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. I am happy to work with you based on your convenience. This is because most states subscribe to the Interstate Drivers License Compact. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. Fill out the form below and well be in touch within 1 business day! Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Instead, you are asked to sign the summons, which is a promise to appear in court. Essentially, instead of wasting time and money fighting a reckless driving charge, you can instead plead guilty to improper driving. 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.