How to Get Reckless Driving Reduced to Improper Driving in Virginia 46.2-868. Reckless driving; penalties - Virginia License suspension is mandatory for a . Phone: (757) 317-1000, Newport News For this reason, youll want to be especially certain that you have all your ducks in a row as an out-of-state defendant. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. For this reason, many attorney recommend taking driving classes or completing treatment programs before stepping in the courtroom. 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. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. You cannot simply mail in the ticket. Home; About. It typically has the same effect as a guilty plea. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. What are the Advantages of Taking a Plea Deal in Virginia? In addition, you may not prepay reckless driving citations in Virginia. 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. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. This can be used against you in civil court. That is why it is so important that you work with a knowledgeable reckless driving attorney. 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. The judge then listens to the evidence. What is Constructive Desertion in Virginia. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. A plea of no contest, on the other hand, contains no admission. 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. Virginia Traffic Court: Should I plead No Contest or Guilty? Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. Virginia Beach, VA 23452* Sometimes, a small box on your summons will be checked if you dont need to come to court as an out of state defendant. 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. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. 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. Testimonials & Reviews: Our Clients Words. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. 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 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. VA Code 46.2-862. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. . That could involve pleading to a "wet reckless.". It happens to the best of us. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Motorists who cause severe injuries to another person while . While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Reckless Driving by Vehicle not Under Control, Driving a vehicle with improperly adjusted or faulty brakes, Driving an overloaded vehicle that obstructs view or controls, Driving next to another vehicle on a one lane roadway, Driving too fast for highway and traffic conditions (regardless of the posted speed limit), Speeding over 20 mph in excess of the speed limit, or driving faster than 80 mph regardless of the posted speed limit, Endangering a person or property on driveways or parking lots open to the public, Up to 6 months suspension of driving privileges, Acting under the instruction of a traffic enforcement officer or directing officer, Roadway markings clearly indicate permission to pass, Highways had the appropriate number of lanes to permit the act, Your vehicles speedometer was not calibrated properly, or the radar/Lidar device was not calibrated properly, You passed only a motorcycle, moped, or bicycle, Racing was on private property or with permission from the landowner, A clean driving record and character references, School bus was stopped for a reason other than loading or unloading, You were unaware of your vehicles defects and had them repaired soon thereafter, Failing to follow traffic signals or signs. 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 drivers civil attorney may try to use that plea against you as an admission of guilt. One very common example of charge bargaining in Virginia relates to reckless driving. No. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. 305 Harrison Street SE Third Floor Leesburg, Virginia 20175, 113 S. Kent Street Suite 201 Winchester, Virginia 22601, 9300 Grant Avenue Suite 101 Manassas, Virginia 20110-5069, 201 International Circle Suite 230 Hunt Valley, Maryland 21030, 10505 Judicial Drive Suite 206 Fairfax, Virginia 22030, 136 Professional Circle Williamsburg, Virginia 23185. Reckless driving; general rule. . I wouldnt be in school right now if it wasnt for Jacob and his team. Schedule your consultation today and lets talk about what we can do for you! Initiating the process is quite simple. Rock and read Annual event encourages reading +4; Mar 2, 2023 These relationships serve as a benefit in navigating the best path forward for clients. 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. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. Reckless driving is a Class 1 misdemeanor in Virginia. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. In many cases, I can handle your case through discussions over the phone and email. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. 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. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Home; Practice Areas . However, a wet reckless charge does not. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. 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. This can help show the judge that youre taking steps to fix the problem. As the saying goes, anything you say can and will be used against you in a court of law. The penalties aren't as severe as in a DUI in Virginia. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. Virginia Traffic Court: Should I plead No Contest or Guilty? Am I pleading guilty if I sign a reckless driving ticket? Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Out of state drivers face the same reckless driving penalties as Virginia drivers. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. 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. The trial itself will be conducted in the same general fashion as your first trial. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. How Should I Plead In My Traffic Case? - Andrew Flusche Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. 29 S Mallory St, Suite 206 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. But if you dispute the facts of your alleged offense, it may make sense to fight the charge. 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. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. You could also ask your attorney if youve already hired one. What Happens if You Get a Speeding Ticket in Virginia? 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, a reckless driving ticket isnt the end of the world. 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. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Virginia courts penalize reckless driving as aClass 1 misdemeanor. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. 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. 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. This law firm website and legal marketing are managed by MileMark Media. The problem is that question depends upon all the facts and circumstances of your case. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. Also, under most circumstances, speeding carries a maximum penalty of $250. However, the most common reason for a reckless driving charge is speed. 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. 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. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. 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. All Rights Reserved. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. Mr. Wilson is a true professional. There are reasons why no self-respecting lawyer would do this to his or her client. Pleading to less serious charges. What is a standard custody agreement in Virginia? 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. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. I work with all clients to understand their desired result. 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. Avoiding jail time.