What are the chances of reducing the ticket? How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? Initiating the process is quite simple. And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel. Its a no-brainer. In Virginia, this is more typically called a no contest plea. And in many Northern Virginia jurisdictions (like Fairfax County), the . Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Andrew Flusche is a traffic and misdemeanor lawyer in Fredericksburg, Virginia. In short, Improper Driving is a civil violation that your Reckless Driving charge can be amended to. Specifically, any speed 20 MPH over the limit, or over 85 MPH regardless of the speed limit, is Reckless Driving. Contactme today to discuss your cases facts to determine the best option for you! Neck injury? Reckless Driving? You are beside yourself! 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. This timeframe is one of the biggest barriers to appeals and underscores the importance of contacting a reckless driving attorney as soon as possible. Avoiding jail time. Even if you are guilty of this crime, you may have strong defenses that can result in the charges being dismissed or reduced to a less serious offense. 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. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. I will carefully review the facts of your case in determining how best to reach your goal. Hello, Im Andrew Flusche. This is part of the reason that attorneys tell their clients to avoid talking to the police more than they have to. When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. Pleading a wet and reckless driving charge may only be available for first-time offenders. The document that the police officer would hand you when charging you with reckless driving is a summons to appear in court. How Long Does a Reckless Driving Stay on Record in Virginia? 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. Your appeal will be heard de novo in circuit court. 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. Free for Personal Injury & Criminal Defense Only. Reckless Driving in Virginia: The Ultimate Guide Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. It is in your best interest to have a Virginia attorney who is experienced in reckless driving laws file the appeal for you and represent you throughout the process. Then the court hears from the officer. An officer may arrest you for reckless driving if he or she observes you: No. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. These penalties are commonly referred to as collateral consequences. Beginning in 2007, Virginia drivers convicted of reckless driving were forced to pay excessive fees ($750-$3,000) according to the law. 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. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. And in most states, this is not admissible in civil proceedings. I am a Virginia traffic attorney. A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. 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. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. 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. There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. All Rights Reserved. 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. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. 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. Contact us to see what we can do for you. If you cant make that argument, your attorney may instead argue for a reduced charge, such as improper driving. Other factors that affect total costs include the type of defenses used and whether or not a trial is necessary. 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. Yes, as mentioned, pleading guilty for reckless driving admits guilt to a Class 1 Misdemeanor. But thats only after me looking at the evidence, and talking with the officer and knowing for sure that they have their evidence in order. This can help show the judge that youre taking steps to fix the problem. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Collateral consequences are additional penalties you might face outside of those specifically outlined in the code. 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. Can I Get My Reckless Driving Charge Reduced to a Less Serious Offense? As defined in VA Code 46.2-869, improper driving is a non-criminal traffic infraction and not a misdemeanor. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. Reckless driving is a class 1 misdemeanor. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. 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. the same criminal penalties as reckless driving. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. 2023 Charles V. Hardenbergh, PC, All Rights Reserved, Reproduced with Permission, DUI/DWI Arrest Survival Guide The Guilt Myth, The Secret Truth about how to win a Virginia Expungement Case, Virginia Reckless Driving Sentence Estimator, 5 Mistakes to Avoid When Preparing for Court, Why You Shouldnt Pay Your Reckless Driving Ticket. Consult with an experienced Virginia reckless driving lawyer who can advise you of the best steps to take for your defense. 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. 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. This means that it carries the same criminal penalties as reckless driving. 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. I plead not guilty, your honor, you stammer. Yes. Since reckless driving is considered a criminal offense instead of a traffic violation, it's never advisable to simply plead guilty to the charge. Crimes that are categorized as a Class 1 misdemeanor in Virginia include: Reckless driving. You understand that if you fail to attend your court hearing, you could be arrested. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? Trials for reckless driving in Virginia take place in the General District Court in the city or county where you were cited. If you need help and want to get started on your case reach out and ask Andrew a question about your charge. Call Free Consultation (703) 350-4877. Rock and read Annual event encourages reading +4; Mar 2, 2023 How do I plead? you think to yourself. Code 1950, 46-208; 1958, c. 541, 46.1-189; 1983, c. 380; 1989, c. 727. Reckless driving; general rule. Arlington, Alexandria, Prince William, Loudoun, and Fairfax counties have seen these sentences imposed in reckless driving by excessive speed cases. Now its the courts turn. A conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. Depending on your state, either the judge or a jury will make a final decision. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. If you admit fault in a personal injury case, the prosecution might use that ruling against you in your criminal case. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Instead, you are asked to sign the summons, which is a promise to appear in court. Usually, reckless driving charges hinge on how the officers speed testing device measures the speed you are traveling at. . Jail Time: Class 1 Misdemeanors include a possible sentence of 0-12 months in jail. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. 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. If you have an otherwise clean driving record, your Virginia traffic attorney can use that as mitigating evidence in the reckless driving case. Whether to permit a wet reckless driving plea is strictly within the discretion of the prosecuting attorney. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. I am happy to work with you based on your convenience. However, you can appeal the outcome of your case and receive a new trial with a different judge. 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. If you are found guilty or plead guilty, you will have a criminal conviction on your record. The Commonwealth of Virginia defines reckless driving in many different ways. Our special report about driving on suspended explains six critical issues to possibly fight in your case. You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. In Virginia, reckless driving is a class 1 criminal misdemeanor. In return, the court will offer you a plea deal for this much lower offense. 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. He hears from the driver of the other vehicle. 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. 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. Should I plead guilty, should I plead not guilty? Its a question I cant answer off-the-cuff like that. 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. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. 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. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Mar 2, 2023 Education. Fewer attendance hours required in the Virginia Alcohol Safety Action Program (VASAP). The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. Im here in Spotsylvania County and I practice in Stafford County, Fredericksburg City, King George County and the surrounding areas, and I would love to speak with you about your case, give you a free consultation, and see what we can do and maybe give you at least a little idea about what kind of plea might make sense. Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. 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. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. Instead, you are asked to sign the summons, which is a promise to appear in court. This was a minor accident. And finally its your turn to testify. 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 convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. However, if you plead guilty and then are unhappy with the result of your plea, you may have already waived your right to appeal. The judge then listens to the evidence. 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. Attorney fees and costs can vary depending on the nature of the charge and the circumstances of the case. Therefore, even if you do not get jail or a large fine, you will still end up with a criminal record, which can affect many areas of your life including immigration status, security clearance, and background checks for employment.
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