He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. 46.2-868. Reckless driving; penalties - Virginia Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. This could have a negative impact on future prospects, including employment. No. And in many Northern Virginia jurisdictions (like Fairfax County), the . - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. All Rights Reserved. You will be given a court date, and it is extremely important that you appear when you are supposed to. 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. We provide transparent flat fees and flexible payment plans in most cases. 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 Notice of Appeal form will list a date you must appear in Circuit Court to either have a second trial or pick a new trial date. In order to make a reckless driving charge stick, the state has to prove the following things beyond reasonable doubt: If the judge has a reason to doubt either of those facts, you can move to get your case dismissed. Your Virginia reckless driving defense attorney can help you accomplish this. Generally, if the court date on your ticket is within a few weeks of the incident, this will be your date of first appearance.. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. In some states, certain acts are automatically considered reckless, such as: You can also ask for a jury trial, but you may have to pay the costs for it. The higher your speed, the more likely jail time becomes. What are the Consequences of a Reckless Driving Conviction? Our office highly recommends speaking with an attorney about the specific facts of your case to determine the best approach. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. We respond to all communications within one business day. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. In cases that resulted in an accident, the state must also provide evidence that you were directly responsible for the crash. But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. ", "I would not hesitate to retain Mr. Wilson again as my attorney." "I would highly recommend him.", Virginia Reckless Driving and Serious Traffic Offenses, Types of Evidence Used in Reckless Driving Cases, Reducing a Reckless Driving Charge to Improper Driving, Plea Bargaining in a Reckless Driving Case. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. If youre charged with reckless driving, consult a lawyer immediately. 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). Georgia's Reckless Driving Laws and Penalties This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. "Excellent teamwork, professional staff, and caring environment." Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. To explore your options, contact the firm at 908-643-6801 or via email to . It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. 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. 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. Misdemeanor Classes and Penalties in Virginia - Greenspun Shapiro PC 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. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. This means that unfortunately you cannot show up at the court date in a County like Fairfax and try to negotiate the charge with the prosecutor. 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. 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. And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Rock and read Annual event encourages reading +4; Mar 2, 2023 However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. Your best strategy is to sign the summons and hire an experienced reckless driving attorney as soon as possible after your arrest. You could also ask your attorney if youve already hired one. It happens to the best of us. What is Constructive Desertion in Virginia. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Email:info@weilandfirm.com Virginia Criminal Offense FAQs | The Wilson Law Firm If you are convicted of Reckless Driving in Virginia, you will have the misdemeanor conviction on your record for the rest of your life. Reckless driving, unsafe passing . Even if you have already been found guilty of reckless driving, you may be able to appeal. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. While an officer can arrest you for the offense, they usually do not. Reckless Driving Lawyer Virginia - Criminal Defense Law Firm Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Confidential or time-sensitive information should not be sent through this form. Reckless driving; general rule. 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. your lawyer may argue for one of two options. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. If I Date Someone Else While Separated, Is it Adultery in Virginia? How to Get Reckless Driving Reduced to Improper Driving in Virginia This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. Free for Personal Injury & Criminal Defense Only. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. A lawyer can question any witnesses and make arguments on your behalf. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. the same criminal penalties as reckless driving. 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. 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. You understand that if you fail to attend your court hearing, you could be arrested. Accidentally admitting to a crime during the stop will only negatively impact your case down the line. 2023 Simms Showers, LLP. 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. What is a standard custody agreement in Virginia? What are the Advantages of Taking a Plea Deal in Virginia? Failing to do so is a separate crime, which can result in even more penalties. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Andrew Lindsey; . After all, youre a model citizen who works hard, raises a family and has never been in trouble before. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Phone: (757) 656-1000, Virginia Beach However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. What Do You Need to Know about Wet Reckless in Virginia? 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. . Our special report about driving on suspended explains six critical issues to possibly fight in your case. In some cases, your VA reckless driving attorney can appear in court on your behalf, meaning you dont even have to be present. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. 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. Fill out the form below and well be in touch within 1 business day! However, a reckless driving ticket isnt the end of the world. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. 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. In Virginia, you cannot expunge this record; you will not be able to remove this conviction from your permanent record. . By providing the officer on scene with additional details, you increase the chance of self-incrimination. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. One exception is that your reckless driving conviction may not impact your driving privileges in your home state, and you may not receive points against your license. 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. EVER. While the judge may appreciate your candor, it is still an admission of guilt. Hello, Im Andrew Flusche. The date on your ticket may be one of two things: a date within a couple weeks, or a date a few months away. However, Virginia will report the offense and any imposed suspension or points to your home state. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. We recommend them without reservation to anyone looking for business law services. Upon conviction of reckless driving, your criminal record will permanently contain a misdemeanor criminal offense. Top Questions to Ask a Virginia Reckless Driving Attorney. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. 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. Your appeal will be heard de novo in circuit court. Reckless driving sentence - Virginia - Keefer Law Firm The first and most important question you should ask is whether your ticket is for speeding or reckless driving. 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. 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. Well outline the basics of each of these penalties below. 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. This means that it carries the same criminal penalties as reckless driving. 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 is an informal hearing commonly known as arraignment. First, depending on your district, you should commit to performing community service before your trial date. This law firm website and legal marketing are managed by MileMark Media. As Virginia traffic lawyers, we are often asked by clients and prospective clients whether it is best to plead guilty or no contest to a traffic offense such as reckless driving, driving under the influence (DUI/DWI) or speeding. Jacob is the Managing Partner of Tingen Law. If you are found guilty or plead guilty, you will have a criminal conviction on your record. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction.

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