While an officer can arrest you for the offense, they usually do not. No. If you plead not guilty, you can fight your Virginia traffic ticket in court either in person or by hiring an attorney to represent you. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Second, discuss with your attorney whether you should take a driver education or driver improvement course. Now its the courts turn. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. 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. 29 S Mallory St, Suite 206 You understand that if you fail to attend your court hearing, you could be arrested. 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. Likewise, showing up and admitting guilt but explaining your circumstances (you were passing another merging vehicle, you were running late for an important event, you were driving safely) will also likely end up in a guilty conviction. If you have any questions about the court date you should reach out to the Clerk of the court. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Is Now the Time to Request Your Virginia Driving Record? Schedule your consultation today and lets talk about what we can do for you! Reckless driving remains on your Virginia driving record for 11 years. 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. 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. 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. Contact us to see what we can do for you. For this reason, you should always speak carefully with officers during traffic stops. It typically has the same effect as a guilty plea. Well outline the basics of each of these penalties below. Reckless driving tickets can be received anywhere, but drivers are most at risk on major highways because excessive speeding is more widespread. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. If charged with a DUI or DWI in Virginia, it may be possible to reach an agreement by pleading a lesser charge of a wet reckless driving. Confidential or time-sensitive information should not be sent through this form. These points will normally remain on your license for two years. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. These classes help demonstrate that youve addressed the problem, and feel remorse for your actions. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. In situations where there is difficulty proving blood alcohol levels with certainty, many may seek to reduce their DUI charge to a wet reckless driving charge. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. Reckless driving, unsafe passing . One is to get your speedometer calibrated at a Virginia auto shop. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. 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 However, the easiest is to simply avoid driving over 80 miles per hour. I plead not guilty, your honor, you stammer. In general, you should expect to pay around $350-$500. Possibly. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. This can help show the judge that youre taking steps to fix the problem. Home; About. 888-DUI-LWYR | 703-361-6100. This law firm website and legal marketing are managed by MileMark Media. (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 . We provide free consultations for cases in our area. 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. How is this possible? Instead, you are asked to sign the summons, which is a promise to appear in court. 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. However, if your Virginia traffic attorney is able to get the charge reduced, the reduced charge may remain on your record for a shorter period of time. This is an informal hearing commonly known as arraignment. 468 Investors Pl, Suite 202A But if you dispute the facts of your alleged offense, it may make sense to fight the charge. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Additionally, you may never even need to enter a courtroom. 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. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Your home states laws will determine whether any offense will apply to your driving record there. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. 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. However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. If you plead innocent, a trial date will be set for a hearing on your reckless driving charge. When you are charged withreckless driving in Fairfax, it is different than being charged with other crimes. 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. Some judges, for example, will not dismiss or reduce a reckless driving charge to a lesser offense against a defendant who pleads not guilty and then asks the court for leniency after the judge finds that the facts established at trial support a conviction. The hearing is where you will bring to light all the information presented in the police report. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. 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. 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. 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. Can I Appeal My Virginia Reckless Driving Charge? However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. However, people charged with reckless driving where alcohol or drugs are involved may plead to a wet reckless driving charge to reduce a DUI convictions devastating impact. Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. Reckless driving means driving a car while willingly disregarding the safety of property and people. It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. How do I plead? you think to yourself. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. We would want to make them have to do their job and prove it, and maybe they cant prove it. Pleading a wet and reckless driving charge may only be available for first-time offenders. This is especially true for repeat offenders. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. 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. Reckless driving is a crime. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. 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. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. But the problem is that I cant know if the Commonwealth has their evidence in your case unless Ive looked at all the evidence and talked with the officer and talked with the prosecutor and then, and only then, will we know what plea we should enter. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. "Excellent teamwork, professional staff, and caring environment." He can arrest you and take you to the police station for booking as a result. 720 Mall Parkway Call Free Consultation (703) 350-4877. 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. Refusing to sign the summons can be enough of a hindrance or annoyance to the officer for them to justify your arrest. However, you will have a much better chance of winning on appeal if you have an attorney representing you, and they can handle the paperwork. Since many judges assign community service instead of jail time, committing to, and performing, community service before you show up in court will only help your case. Initiating the process is quite simple. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. The Commonwealth of Virginia defines reckless driving in many different ways. 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. In other words, your home state will penalize your license based on its own reckless driving laws, not Virginias. In return, the court will offer you a plea deal for this much lower offense. Virginia Traffic Court: Should I plead No Contest or Guilty? But of course we cant know for sure until we talk with the officer and any other witnesses. However, most first-time offenders can avoid jail by instead performing community service. If your speedometer was off in your favor this could be used to mount your defense. Avoiding jail time. That could involve pleading to a "wet reckless.". 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. Anything more than 20 miles over the speed limit, or over 80 mph total, may suggest that the ticket is for reckless driving. 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. If you qualify for a court-appointed attorney, the judge will also let you know on this day. Contactme today to discuss your cases facts to determine the best option for you! In Virginia, reckless driving is a criminal charge that can remain on your record and possibly interfere with your ability to get a job in the future. While there are several reckless driving statutes in the Virginia Code, most reckless driving charges fall under one of three different laws: Using these laws, as well as other, more specific sections in the statute, Virginia judges can punish a wide variety of unsafe driving habits as reckless.. If we can't help, we'll do our best to connect you with someone who can. We understand that returning to the state may be difficult and require significant time and expense. In most cases, you can resolve them by simply paying the associated fine online. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. Phone:(804) 355-8037 To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. Copyright The Reckless Driving Lawyers 2023. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. The Virginia Appeals Process. Consult with a Virginia reckless driving lawyer to get a clearer picture of what fees and costs may be associated with your case. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. 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. There are reasons why no self-respecting lawyer would do this to his or her client. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. What I do as an attorney if you hire me, is we look at all the elements of your case that the Commonwealth is going to have to prove against you and we see if they can prove them. In general, there are four topics you should consider when facing down a reckless driving ticket: Traffic stop procedures can vary widely based on where you are in Virginia. 11815 Fountain Way, Suite 300 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. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. License suspension is mandatory for a . Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. In many cases, I can handle your case through discussions over the phone and email. Rock and read Annual event encourages reading +4; Mar 2, 2023 For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Typically, you are not handcuffed and taken down to the police station to be booked and jailed. Virginia laws do not statutorily define wet and reckless driving. 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. While the judge may appreciate your candor, it is still an admission of guilt. Clients charged with driving offenses in Virginia have several doubts about pleading guilty to reckless driving. I am happy to work with you based on your convenience. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? 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.