Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. These penalties are commonly referred to as collateral consequences. The other choice of plea would be no contest. When you plead guilty, you are agreeing to a criminal recordfor life. We recommend them without reservation to anyone looking for business law services. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. Your appearance is necessary in court on the date listed on your ticket unless other arrangements are made between you and your Virginia reckless driving attorney. All rights reserved. Confidential or time-sensitive information should not be sent through this form. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 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. The DMV will also apply between three and six demerit points to your license. But generally, reckless driving is a misdemeanor. Well, you guys treat people well. Specifically, while reckless driving may be a crime, speeding and improper driving are traffic infractions which carry much lower penalties. When you plead guilty, you are agreeing to a criminal recordfor life. During this hearing, the judge will tell you the date of your trial, and advise you of your rights. Many potential clients ask me How should I plead? Unfortunately, I cant answer that without first examining every aspect of the case. To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. License suspension is mandatory for a . If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. While the judge may appreciate your candor, it is still an admission of guilt. Jacob has been our lawyer for 3 years now and he is excellent. Is Now the Time to Request Your Virginia Driving Record? He has been great for us, the very best. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. It happens to the best of us. 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 addition, each case typically encounters certain evidentiary, constitutional, and procedural issues, which if addressed appropriately can benefit your case. 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. Motorists who cause severe injuries to another person while . . These shops should be able to provide you with a calibration sheet that can be used in Court. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). 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. Fax: (804) 355-8875 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. Depending on your state, either the judge or a jury will make a final decision. Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. 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. 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. This is an informal hearing commonly known as arraignment. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. By pleading guilty, you are now not just charged, with a crime, but you have been convicted of one. 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. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. This is unbelievable, you think to yourself. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. It typically has the same effect as a guilty plea. How Much Does a Virginia Reckless Driving Lawyer Cost? There are two ways to commit reckless driving: you can either. What Happens to My Health Insurance Benefits During Divorce in Virginia? It is also worthwhile to have your attorney explore possible alternative outcomes like amending the charge to speeding or Improper Driving. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. The problem is that question depends upon all the facts and circumstances of your case. three and six demerit points to your license. You can protect your future by talking with an experienced Virginia criminal defense lawyer before pleading guilty or accepting a plea offered by the prosecutor. The other driver indicates to the court that while he is waiting patiently at the red light on a nice slow and easy day, he saw you careening toward his vehicle from his rearview mirror and it appeared that you were distracted by your radio. 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. 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. Contact us to see what we can do for you. 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. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. However, the most common reason for a reckless driving charge is speed. There are several benefits to a wet reckless driving charge compared to a DUI in Virginia. 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. As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. If you are found guilty or plead guilty, you will have a criminal conviction on your record. It is only a promise that you will be in court. 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. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. No. Call our Fairfax law office or start an online chat to schedule a free consultation today. A DUI charge stays on your criminal and DMV record. However, the law was repealed a year later, and this is no longer a potential consequence. Newport News, VA 23693 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. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? You could also ask your attorney if youve already hired one. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. Reckless Driving is a pretty serious charge. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. If you get stopped and you get charged with a crime, call a lawyer! Email:info@weilandfirm.com These relationships serve as a benefit in navigating the best path forward for clients. 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. Mar 2, 2023 Education. In addition to the penalties above, you may face up to one year of jail time for a reckless driving conviction. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. However, you will be allowed to request a jury trial with the understanding that you'll pay the court costs for this option if you're convicted. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . life, limb, or property?. You could be sentenced to jail if you are convicted of reckless driving. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. All Rights Reserved. How to Reinstate your Virginia Drivers License in 6 Steps, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. 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. You should know that dry reckless is different from wet reckless. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Signing the summons is a good strategy to avoid these negative consequences. In Virginia, drivers can plead . 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. The officer testifies that he did not see any tire marks to indicate braking, which led him to believe that you were distracted and did not brake before impacting the other vehicle. You can also ask for a jury trial, but you may have to pay the costs for it. Reckless driving is a crime. In return, the court will offer you a plea deal for this much lower offense. Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. This law firm website and legal marketing are managed by MileMark Media. When you make a mistake and you cut your arm, please call a doctor. Second, you should look into taking driver improvement courses prior to your trial. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. 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. 2023 Simms Showers, LLP. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Phone: (757) 387-1000, Hampton 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. 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. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. Maximum penalty: Class 2 Misdemeanor: aggressive driving, driving without a license. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. Virginia courts penalize reckless driving as aClass 1 misdemeanor. 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. 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. Visit our site today for more information. This can help show the judge that youre taking steps to fix the problem. Reckless driving is a Class 1 misdemeanor in Virginia. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Now its the courts turn. 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. Virginia laws do not statutorily define wet and reckless driving. This can be used against you in civil court. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. Reckless driving remains on your Virginia driving record for 11 years. While it is certainly easiest to just show up, plead guilty, and pay the fine, you will have a Class 1 Misdemeanor on your permanent recordin addition to the other possible penalties mentioned above. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. 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. If you do not live up to that promise, then you could be arrested or otherwise brought to court to explain why you did not appear for your court date. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. A wet reckless driving charge applies in situations where individuals drive recklessly while under the influence of drugs or alcohol. 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. Reckless Driving is not a traffic infraction, it is a misdemeanor. Seek competent legal counsel for advice on any legal matter. Andrew wrote the book on DWI. This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. 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 would want to make them have to do their job and prove it, and maybe they cant prove it. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge.