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The hearing is where you will bring to light all the information presented in the police report. What are the chances of reducing the ticket? What is a standard custody agreement in Virginia? Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. Many Virginia jurisdictions no longer permit wet reckless driving pleas. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. 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. These penalties are commonly referred to as collateral consequences. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? 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. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. However, a reckless driving ticket isnt the end of the world. Speeding In Virginia, most cases of speeding dont lead to reckless driving charges, and thus do not carry criminal penalties. 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. Second, discuss with your attorney whether you should take a driver education or driver improvement course. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. How Do I Fight A Reckless Driving Charge in Virginia? However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. These can include difficulty applying for public housing, the loss of certain government benefits, and an increase in insurance premiums. Pleading No Contest in Virginia Is the Same as Pleading Guilty. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. All Rights Reserved. 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. Complete the form below to receive a free consultation. In many cases, I can handle your case through discussions over the phone and email. Next, get your vehicles speedometer checked or calibrated and provide the results to your defense lawyer. 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. An experienced VA reckless driving lawyer will best be able to protect your interests while helping you try to avoid these criminal consequences. But of course we cant know for sure until we talk with the officer and any other witnesses. Reckless driving is a Class 1 misdemeanor in Virginia. Please call today to schedule a free, no-obligation consultation. When you make a mistake and you cut your arm, please call a doctor. Call us today to schedule an appointment or fill out a quick form to let us know youre ready to talk. 720 Mall Parkway However, you should note that youll never receive a ticket for improper driving.. And in many Northern Virginia jurisdictions (like Fairfax County), the . Virginia Traffic Court: Should I plead No Contest or Guilty? In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. 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. It happens to the best of us. However, you can appeal the outcome of your case and receive a new trial with a different judge. This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. One is to get your speedometer calibrated at a Virginia auto shop. Its the most-reviewed Virginia reckless driving resource on Amazon.com. 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. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? Your appeal will be heard de novo in circuit court. 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 field is for validation purposes and should be left unchanged. You only have 10 days to file the paperwork with your local Circuit Court. Pleading a wet and reckless driving charge may only be available for first-time offenders. 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. Virginia reckless driving consequences of large fines, jail sentences, increased insurance premiums, and the resulting criminal record remain the same for both local drivers and out of state drivers. Jacob is the Managing Partner of Tingen Law. 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. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. 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. We go above and beyond in order to provide our clients with the best possible representation. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. You understand that if you fail to attend your court hearing, you could be arrested. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. 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. One very common example of charge bargaining in Virginia relates to reckless driving. "Mr. Wilson is unbelievably knowledgeable and professional. In most cases, you can resolve them by simply paying the associated fine online. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. A reckless driving conviction will also add four demerit points to the motorist's driving record and likely lead to increased insurance rates. Andrew Lindsey; . By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. 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. First, in order to appeal, you must file the appeal within 10 days of the initial verdict. One factor will be the specific jurisdiction that you are charged in, and how they generally handle these cases. However, there are certain guidelines you need to follow. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. While its possible to reinstate your license, doing so can cost a lot of money, and can take several months to pull off. 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. That means that it will be a complete do-over and the judge will hear the case as if it were not brought before any previous court. You could also ask your attorney if youve already hired one. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. For this reason, a common defense is to argue that the officer made a mistake, or that the device incorrectly measured your speed. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. Yes. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. 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. He helps clients overcome their honest mistakes, and fights for clients licenses, their jobs, their freedom, and even their insurance rates. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. This video explains a little about the different plea options and how we decide together what you should plead. 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. 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 points will normally remain on your license for two years. Our office handles reckless driving cases across Northern Virginia state courts (Alexandria, Fairfax, Arlington, Prince William) and the Eastern District of Virginia federal district court. Pleading not guilty in cases where the prosecution's evidence against you is ambiguous or non-existent could provide a better outcome. Make sure to attend both your first appearance (if applicable) and your trial date. The Court listens patiently as you make your best pitch, but then informs you that it is the courts policy to not dismiss or reduce Reckless Driving charges (or Following Too Close charges) where an accident is involved and the defendant pleads not guilty. EVER. 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. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. They may be less willing to offer you a favorable plea agreement if you must plead guilty to the offense. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. 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. Andrew wrote the book on DWI. Guilty is a little bit different than no contest. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. 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. GET DIRECTIONS. After all, youre a model citizen who works hard, raises a family and has never been in trouble before. But that's only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. 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. Seek competent legal counsel for advice on any legal matter. Instead, the officer would ask you to sign a ticket, which is really called a summons, and allow you . 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. Lifetime Criminal record: In Virginia you cannot expunge a criminal record. What Happens if You Get a Speeding Ticket in Virginia? The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. That is why it is so important that you work with a knowledgeable reckless driving attorney. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. It typically has the same effect as a guilty plea. Saying NO to Breath Test COULD Incriminate You, YouTube Video VVVTNGFLNEstSzZfTzZHaGJlM2Izbm53LmtzWkluSGtoSjlr, Fighting No Insurance Tickets in Virginia, Talk to a Virginia Traffic Attorney BEFORE Going to Court. Your case gets called and the judge asks you how you plead. Additionally, if a Virginia court finds you guilty of reckless driving the DMV will place six demerit points on your license. Its jam-packed full of answers for your case. If you have any questions during the stop itself, ask the officer who issued you the ticket. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. Second, you should look into taking driver improvement courses prior to your trial. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. ", "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. 3437 W. Cary St. Richmond, VA 23221 How do I plead? you think to yourself. Depending on your state, either the judge or a jury will make a final decision. 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. We provide transparent flat fees and flexible payment plans in most cases. An attorney experienced with VA reckless driving defense can help you prevent that outcome. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. 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. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. 11815 Fountain Way, Suite 300 In Virginia, your attorney may be able to arrange a plea agreement for a lesser charge or traffic infraction such as Improper Driving. So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. Well outline the basics of each of these penalties below. You are not pleading guilty to reckless driving by signing the summons. There are several ways to avoid reckless driving charges in Virginia. Also, under most circumstances, speeding carries a maximum penalty of $250. Jacob graduated from the University of Richmond School of Law and was accepted to the Virginia Bar in 2012. As the saying goes, anything you say can and will be used against you in a court of law. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. However, a wet reckless charge does not. Irrespective of the maximum speeds permitted by law, any person who drives a 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 shall be guilty of reckless driving. One common example of this is that crimes often show up on background checks, which can affect your ability to get a job. Here in Utah, it is a Misdemeanor B, which is the same level of offense as a DUI. We recommend them without reservation to anyone looking for business law services. However, while the general trend is towards lower fines, the maximum fine of $2,500 is not unheard of. Call our Fairfax law office or start an online chat to schedule a free consultation today. If you have any questions about the court date you should reach out to the Clerk of the court. 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. This is because most states subscribe to the Interstate Drivers License Compact. I am happy to work with you based on your convenience. 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. So, what to do? A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. If you have any questions, please contact our firm at (804) 355-8037. He hears from the driver of the other vehicle. The statute sets up speeds at which the police officer or trooper can give you a Reckless Driving charge, regardless of how you are driving. 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. In general, first-time offenders can expect a fine, points on their license, and possibly jail time. However, the costs can change based on the details of your case. Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. Call Us: (804) 477-1720 Make an Appointment Jacob Tingen Published: May 30, 2018 Last Updated: December 16, 2021 Virginia Traffic Law Many offenses that might be infractions in other states are serious crimes in Virginia, and carry similarly serious penalties. Individuals convicted of reckless driving in Virginia can expect several penalties, ranging from those outlined in the Code torelated collateral consequences. By hiring a qualified Virginia traffic lawyer you may be able to avoid jail time if circumstances permit. Additionally, you should avoid incriminating yourself in other courts before your reckless driving trial. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. Do you know how hard it is to find a lawyer that you can trust? By signing the summons, you are promising to attend your court hearing in your criminal case. Schedule your consultation today and lets talk about what we can do for you! In addition to the penalties outlined in the Virginia Code, there are several other consequences that might come out of a reckless driving conviction. What gives me the shivers and a cold sweat is seeing a pro se defendant (no lawyer) walk up to the front of the room and plead guilty to Reckless Driving, a Class 1 Misdemeanor, without a fight. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Contactme today to discuss your cases facts to determine the best option for you! 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." . Though subsequent sections of the Code of Virginia outline actions that specifically constitute reckless driving, the determination as to whether to cite you for driving recklessly ultimately lies with the police officer who stops you. There are two ways to commit reckless driving: you can either. Reckless driving means driving a car while willingly disregarding the safety of property and people. While an officer can arrest you for the offense, they usually do not. It is very important to consult with an attorney that focuses his or her practice on traffic and DUI/DWI matters. In addition, law enforcement officials and the prosecutor could view you as uncooperative if you refuse to sign the ticket. your lawyer may argue for one of two options. 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. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. 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. Fines: Class 1 misdemeanors carry a fine of up to $2,500. Virginia is notoriously harsh in its treatment of driving crimes. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. failure to appear in court is in itself a Class 1 misdemeanor in Virginia. If you plead guilty to reckless driving, the injured party could use your guilty plea as evidence that you admitted to being at fault. However, most first-time offenders can avoid jail by instead performing community service. the same criminal penalties as reckless driving. Our experienced reckless driving attorneys at Simms Showers, LLP serve clients in Leesburg, Loudoun County and Fairfax County and can defend you both initially and on appeal from your reckless driving charge. For Reckless Driving this is generally happens because you were driving on federal property such as a military establishment, or the G.W Parkway. We provide free consultations for cases in our area. Northern Virginia Criminal Defense Attorney, Northern Virginia Criminal Defense Attorneys, Virginia Reckless Driving Defense Attorney, Virginia Reckless Driving Defense Attorneys, Former Virginia County Republican Committee Chairman Charged With Child Pornography, Virginia Man Allegedly Abducts Teenage Victim. Contact us to see what we can do for you. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. 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. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. 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. In Virginia, drivers can plead . Call our Manassas office or start a live chat today to schedule your free consultation to learn how we will aggressively fight for your rights. 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. 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. 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. 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. No. This law firm website and legal marketing are managed by MileMark Media. Phone: (757) 317-1000, Newport News Essentially, this means that a reckless driving charge isnt something that will go away by simply paying a ticket. Our special report about driving on suspended explains six critical issues to possibly fight in your case. Confidential or time-sensitive information should not be sent through this form. This means that if you drive anywhere in Virginia while suspended you may be charged with the additional crime of driving on a suspended license, which is a misdemeanor crime punishable by jail time and extensive fines. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Newport News, VA 23606* 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. Irrespective of the maximum speeds permitted by law, any person who drives a 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 shall be guilty of reckless driving., So what constitutes reckless driving, or driving at a speed or in a manner [that] endanger[s] . 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. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. 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. Once you receive a set amount of points within a short amount of time, the DMV will automatically suspend or revoke your license. As we mentioned earlier, improper driving is a non-criminal offense, and does not carry the risk of jail time. The judge explains that he listened to you and all other witnesses intently. 888-DUI-LWYR | 703-361-6100. 2023 The Wilson Law Firm, All Rights Reserved, Reproduced with Permission. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. Top Questions to Ask a Virginia Reckless Driving Attorney. We understand that returning to the state may be difficult and require significant time and expense. 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 I will carefully review the facts of your case in determining how best to reach your goal. You must fully understand the potential consequences for a conviction and the options that your lawyer can argue for in your defense. Hampton, VA 23663 While an officer can arrest you for the offense, they usually do not. You make your appearance in court on the designated court date. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Even if your conviction doesnt bring you above the DMVs point limit, a judge can still decide to suspend your license anyway.