pleading guilty to reckless driving in virginia pleading guilty to reckless driving in virginia

One defensive measure to avoid the harsh penalties of a conviction for driving under the influence is to plead guilty to a lesser offense. The penalties aren't as severe as in a DUI in Virginia. An attorney experienced with VA reckless driving defense can help you prevent that outcome. Reckless driving remains on your Virginia driving record for 11 years. In addition, you may not prepay reckless driving citations in Virginia. No. Reckless Driving in Virginia. You were driving unsafely, or at an unsafe speed. Fax: (804) 355-8875 Seek competent legal counsel for advice on any legal matter. Often, a conviction also affects government security clearances and contract eligibility for military or law enforcement personnel, and must be disclosed when applying for U.S. citizenship. 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. The judge explains that he listened to you and all other witnesses intently. As a criminal charge, you need to hire a lawyer and prepare to fight the charges in court. 41-6a-528 Reckless driving -- Penalty. 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. An officer may arrest you for reckless driving if he or she observes you: No. Reckless Driving is not a traffic infraction, it is a misdemeanor. 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. This is especially true for repeat offenders. In general, you should expect to pay around $8,000 for a first offense DUI in Virginia. . there are a few things youll want to do before your trial date, 6 Strategies to Help You Fight a Reckless Driving Ticket in Virginia, How to Avoid Reckless Driving Charges in Virginia, How to Reduce a Reckless Driving Ticket in Virginia, Virginia Traffic Tickets and Moving Violations, Reckless Driving and Improper Driving Virginia Code 46.2-852 through 46.2-869, How to Legally Use Farm Use License Plates in Virginia, Virginias Implied Consent Law: A Quick Guide. EVER. 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] . Showing the court evidence of this may also help your case. This saves you time and money, and is only one of the numerous benefits of hiring a reputable Virginia defense lawyer. In order to protect yourself from a reckless driving conviction, there are several key things you need to know: Remember, a reckless driving conviction is misdemeanor that will stay on your record forever. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. We provide free consultations for cases in our area. Complete the form below to receive a free consultation. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). Motorists who cause severe injuries to another person while . Free for Personal Injury & Criminal Defense Only. . That could involve pleading to a "wet reckless.". This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. Well outline the basics of each of these penalties below. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. How is this possible? First, in order to appeal, you must file the appeal within 10 days of the initial verdict. 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. I am a Virginia traffic attorney. A plea of no contest, on the other hand, contains no admission. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. "operate a vehicle in a willful or wanton disregard for the safety of persons or property" (see Utah Code 41-6a-528 (1) (a)), or you can. Pleading a wet and reckless driving charge may only be available for first-time offenders. In return, the court will offer you a plea deal for this much lower offense. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. Speak to one of our lawyers now to identify the right solutions. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. While reinstating your Virginia drivers license is simple on paper, the process itself can take several months and several days in court. - Andrea, © 2021 | Privacy Policy | Disclaimer | HTML Sitemap, Holcomb Law Named a 2023 Best Places to Work in Virginia. Possibly. Finally, you should note that failure to appear in court is in itself a Class 1 misdemeanor in Virginia. . Accidentally admitting to a crime during the stop will only negatively impact your case down the line. We might be able to get you found not guilty if they cant prove every single piece of the case beyond a reasonable doubt. For this reason, you should always speak carefully with officers during traffic stops. We are grateful to everyone at Tingen Law for helping us with our trademark registration, they are professional and efficient. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. 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. 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. A person can be charged with reckless driving if he is driving 20 miles per hour over . Our experienced reckless driving attorneys will aggressively fight the charges you face so that you achieve the best possible outcome. 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. 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. Phone: (757) 656-1000, Virginia Beach The final plea that would normally be entered is guilty. Virginia is notoriously harsh in its treatment of driving crimes. Do you know how hard it is to find a lawyer that you can trust? And while he understands your position, he finds from the evidence that your conduct meets that prohibited under the Virginia Reckless Driving statute. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. Rock and read Annual event encourages reading +4; Mar 2, 2023 Even with all this helpful information, sometimes you just need to talk. Notwithstanding your utter disagreement with the judges ruling, you explain to his or her honor that you have a perfect driving record and this is the first accident youve ever been involved in and youd like the court to consider reducing this to something less serious than reckless driving. 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. Being proactive in your defense can go a long way, especially in cases of reckless by speed. Speeding tickets are traffic infractions, not misdemeanors. 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. Fines: Class 1 misdemeanors carry a fine of up to $2,500. 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. What Kind of Evidence Can Help in My Reckless Driving Case? If you have any questions during the stop itself, ask the officer who issued you the ticket. 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.. Yes. What Else Can We Do to Get Your Reckless Driving Ticket Reduced? 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. Pleading to less serious charges. By this point, you need to have either hired an attorney or spoken with the court-appointed attorney about your case. 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. 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. Less than 30 days after being admitted to the bar, Jacob launched his own legal practice. All Rights Reserved. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. Reckless driving, which is a misdemeanor, means that if you are convicted of it, you will face jail time and a hefty fine. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. Confidential or time-sensitive information should not be sent through this form. 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). When you are asked by a college, a recruiter, or an employer for example, if you have a criminal record, you must truthfully answer yes. 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. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. 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. Many times a successful appeal will result in having to try the case again, and you should have legal representation by a qualified Virginia traffic lawyer when that occurs. 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. While the judge may appreciate your candor, it is still an admission of guilt. If you have any questions about the court date you should reach out to the Clerk of the court. Reckless driving in Virginia carries stiff penalties, including substantial fines and the possibility of jail time. While there are hundreds of collateral consequences for criminal convictions in Virginia, there are a few common ones you should look out for in relation to a reckless driving charge. Call our Fairfax law office or start an online chat to schedule a free consultation today. This field is for validation purposes and should be left unchanged. FREE Virginia DUI/DWI Arrest Survival Guide! Were a Richmond, Virginia law firm with clients from around the world. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. He can arrest you and take you to the police station for booking as a result. Texas resident Reckless Driving charge reduced in Greensville 85 MPH in a 70 MPH zone. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. 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. Your initial consultation is always free, and youll talk directly with Andrew about any details concerning your case. 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. Keep in mind that you can be arrested even if you sign the ticket if the officer has other reasons to believe that you will not attend your court hearing. 2023 Simms Showers, LLP. Reckless driving; general rule. This is because most states subscribe to the Interstate Drivers License Compact. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. If youre charged with reckless driving, consult a lawyer immediately. (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 . Reckless driving is a class 1 misdemeanor, and it carries a possible jail time of up to 12 months and up to $2,500 in fines . Newport News, VA 23693 In most cases, you can resolve them by simply paying the associated fine online. At Andrew Flusche, Attorney at Law, PLC, I vigorously defend traffic and misdemeanor cases for clients in Fredericksburg and surrounding areas. Any codes between 46.2-852 and 46.2-869, or the letters RD, may mean the ticket is for reckless driving. You go on to testify that the light had just turned green and you thought that the vehicle in front of you was beginning to accelerate and so you didnt brake. Basically, you want to show the court that youve made efforts to correct your behavior, and that there is a low risk of a repeat offense. Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. We provide transparent flat fees and flexible payment plans in most cases. It happens to the best of us. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. 11815 Fountain Way, Suite 300 In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? 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. When you plead guilty, you are agreeing to a criminal recordfor life. If you are pulled over for speeding in excess of 20 mph above the posted limit, or in excess of 80 mph regardless of the posted limit, you may be charged with a class 1 misdemeanor. Hes sorry, he tells you, but he has no choice but to find you guilty. Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. If you get stopped and you get charged with a crime, call a lawyer! 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. Reckless driving is a class 1 misdemeanor. However, you should still speak with an attorney to double check this information. If you are charged with reckless driving in Virginia, you may be facing serious and lifelong penalties. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. 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. What Happens if You Get a Speeding Ticket in Virginia? When you plead guilty, you are agreeing to a criminal recordfor life. 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. This was a minor accident. And finally its your turn to testify. 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. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. Virginia Beach, VA 23452* How do I plead? you think to yourself. Initiating the process is quite simple. This is not a regular speeding ticket or traffic citation, but it is a misdemeanor crime. This is unbelievable, you think to yourself. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. The biggest mistake you can make with a reckless driving charge in Virginia is treating it like a normal traffic ticket. You can also ask for a jury trial, but you may have to pay the costs for it.