First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. Then the court hears from the officer. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. What Is a Wet Reckless in Virginia? 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. Is Now the Time to Request Your Virginia Driving Record? However, a reckless driving ticket isnt the end of the world. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Misdemeanor Traffic Offenses, Speeding Ticket - All in One 2021 This video explains a little about the different plea options and how we decide together what you should plead. Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. Confidential or time-sensitive information should not be sent through this form. These relationships serve as a benefit in navigating the best path forward for clients. In most cases, you can resolve them by simply paying the associated fine online. Instead, the police officer gives you a ticket (called a summons) and asks you to sign it. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. We respond to all communications within one business day. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. 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. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. And in most states, this is not admissible in civil proceedings. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. "Mr. Wilson is unbelievably knowledgeable and professional. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. If we can't help, we'll do our best to connect you with someone who can. How to Get Reckless Driving Reduced to Improper Driving in Virginia This means that, in the eyes of the court, reckless driving is as serious of an offense as assault, impersonating a police officer, and certain forms of arson. In some states, certain acts are automatically considered reckless, such as: To explore your options, contact the firm at 908-643-6801 or via email to . 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. At the very least, your driving record and insurance costs will take a hit if you simply plead guilty by paying the . The higher your speed, the more likely jail time becomes. Instead, the maximum penalty for speeding is usually only a $250 fine. Fill out the form below and well be in touch within 1 business day! However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. You understand that if you fail to attend your court hearing, you could be arrested. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. Can I Appeal My Virginia Reckless Driving Charge? 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. How Much Does a Virginia Reckless Driving Lawyer Cost? 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. Well, in part its because you didnt consult with an attorney who has a very clear understanding of Virginia traffic law, the courts policies and the facts at hand. Speeding tickets are traffic infractions, not misdemeanors. Reckless Driving in Virginia: What You Need To Know Your SEO optimized title Menu Home Criminal Defense Assault and Battery Concealment/Shoplifting Trespassing Expungements Underage Possession Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. No. 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. 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. Your case gets called and the judge asks you how you plead. An officer may arrest you for reckless driving if he or she observes you: No. This is because most states subscribe to the Interstate Drivers License Compact. Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. No. This is especially true for repeat offenders. . While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. Phone:(804) 355-8037 3437 W. Cary St. Richmond, VA 23221 In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. This was a minor accident. And finally its your turn to testify. 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. You should speak with your lawyer about any and all collateral consequences of a reckless driving conviction before your trial date. How to Get Reckless Driving Dismissed | Legal Beagle Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Newport News, VA 23693 Am I pleading guilty if I sign a reckless driving ticket? 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. Virginia Traffic Court: Should I plead No Contest or Guilty? When you plead guilty, you are agreeing to a criminal recordfor life. What Happens if You Get a Speeding Ticket in Virginia? 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. Second, discuss with your attorney whether you should take a driver education or driver improvement course. A person can be charged with reckless driving if he is driving 20 miles per hour over . 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. Remember, failing to show up to your court date can lead to additional charges. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. 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. An attorney experienced with VA reckless driving defense can help you prevent that outcome. In return, the court will offer you a plea deal for this much lower offense. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. The Virginia Code defines a number of actions as reckless driving. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Contact us to see what we can do for you. What To Expect From a Virginia Speeding Case in Court? 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. Alvin Kamara, Chris Lammons plead not guilty to battery charges Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. Hello, Im Andrew Flusche. Avoiding DUI Penalties With a "Wet Reckless" Charge Around Northern Virginia this is a common offense on the I-495 beltway, where the speed limit can drop to 55 mph, even though the normal rate of traffic is at least 75 mph. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. Improper Driving While improper driving sounds similar to reckless driving, the Code treats it very differently. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. In addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. Signing the summons is a good strategy to avoid these negative consequences. 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. 46.2-852. Reckless driving; general rule - Virginia 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. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. No requirement to install an ignition interlock device in your vehicle; Possibly no suspension of driver license; and. . FREE Virginia DUI/DWI Arrest Survival Guide! Its jam-packed full of answers for your case. 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. Phone: (757) 260-5996. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. . Contactme today to discuss your cases facts to determine the best option for you! 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. 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. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Basically, this compact says that a state can treat a criminal traffic charge from another state as if it occurred in their own jurisdiction. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. 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. Hampton, VA 23663 In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Jayson Werth of Washington Nationals pleads guilty to reckless driving The hearing is where you will bring to light all the information presented in the police report. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. Email:info@weilandfirm.com Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving.