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Many people who have been charged with reckless driving Virginia have common questions, that we address in this collection of FAQs. 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. Prepaying Your Fairfax Traffic Ticket: No Big Deal, Right? If your speedometer was off in your favor this could be used to mount your defense. In addition, you may not prepay reckless driving citations in Virginia. Furthermore, a reckless driving charge can come with a fine of up to $2,500, up to a year in jail, a license suspension for up to six months, and an increase in car insurance fees. Even with all this helpful information, sometimes you just need to talk. At most, improper driving will result in a $500 fine and three points on your license. Reckless driving is a Class 1 misdemeanor in Virginia. Remember, failing to show up to your court date can lead to additional charges. There are several ways to avoid reckless driving charges in Virginia. Virginia courts penalize reckless driving as aClass 1 misdemeanor. In this article, well cover every aspect of understanding and fighting a reckless driving charge in Virginia. Now its the courts turn. Initiating the process is quite simple. Waterville councilmember pleads guilty to reckless driving and lying to police. Reckless driving means driving a car while willingly disregarding the safety of property and people. He has been great for us, the very best. Instead, improper driving is a way for judges to lower the penalties for reckless driving if they feel the case doesnt necessitate serious punishment. You always look for a way to help your clients. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. This is particularly relevant for North Carolina residents, who may suffer an immediate 30-day license suspension. This is especially true for repeat offenders. A plea of no contest, on the other hand, contains no admission. Finally, if you do choose to argue that your speedometer or another mechanical element failed, make sure to calibrate or fix the device before your court date. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. This was a minor accident. And finally its your turn to testify. However, there are certain guidelines you need to follow. For this reason, it is important that you provide your attorney with full and honest disclosure of the events leading up to the charge. For that reason, you should hire an attorney immediately after reckless driving charges are filed against you. Interstate 95, I-66, I-81, Dulles Airport Toll Road, and Dulles Greenway each produce a large number of reckless driving charges by speed. Even if they cant get your case dismissed entirely, having a lawyer by your side can greatly increase your chances of success in court. 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. But then to add insult to injury that police officer who has been very nice throughout the crash investigation informs you that the driver of the other vehicle needs to be taken to the hospital for a possible neck injury, and that he has to charge you with Reckless Driving. How could you get convicted of Reckless Driving, a class 1 misdemeanor offense, for this fender bender? In Virginia, drivers can plead . You can also look into taking a Drivers Improvement Course, though that is best coordinated with your attorney. 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. Do you know how hard it is to find a lawyer that you can trust? However, an appeal from reckless driving in Virginia must be filed within 10 days of the conviction. 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. However, unlike normal traffic infractions, Virginia courts treat reckless driving as a Class 1 misdemeanor. 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. Unlike when you are arrested for other misdemeanor offenses, you are not placed in handcuffs and hauled off to jail for reckless driving. If charged with a DUI or DWI in Virginia, it may be possible to reach an agreement by pleading a lesser charge of a wet reckless driving. Hiring an experienced traffic lawyer is the best way to get through this difficult time both safely and easily. 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. Therefore, its essential to speak with a qualified traffic and misdemeanor lawyer to discuss whether it may be an option. 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. Failing to do so is a separate crime, which can result in even more penalties. This is especially tricky for out of state drivers, who often have to fight the charge from hundreds of miles away. If a death occurs as a result of racing, you will be charged with a class 6 felony. 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. The final plea that would normally be entered is guilty. One exception is that your reckless driving conviction may not impact your driving privileges in your home state, and you may not receive points against your license. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. 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." . To be very clear, however, it can be equally disastrous to simply attend court on such a charge and plead guilty. We provide transparent flat fees and flexible payment plans in most cases. 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] . The actual amount can vary by jurisdiction, and sometimes depends on how fast you were going. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. This is an informal hearing commonly known as arraignment. 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. In many cases, I can handle your case through discussions over the phone and email. The judge then listens to the evidence. 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. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. EVER. Typically, judges will only assign jail time to repeat offenders, racers, and those going over 95 mph. 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. Note that while Virginia normally uses the contributory negligence rule for car accidents, any responsibility is enough to prove a reckless driving charge. You make your appearance in court on the designated court date. Class 1 Misdemeanor: Driving Under the Influence (DUI), reckless driving. We go above and beyond in order to provide our clients with the best possible representation. 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. 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. In most cases, introducing doubt will rely on proving that your driving was not unsafe, or that you were not the one driving. 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.. Your experienced Virginia traffic law attorney will know when one of these circumstances was present and apply it in your defense. the same criminal penalties as reckless driving. Instead, you are asked to sign the summons, which is a promise to appear in court. For this reason, you should always speak carefully with officers during traffic stops. Convicted motorists typically face up to a year in jail and/or a maximum $1,100 in fines. If you are an out-of-state driver, obtain a certified copy from your respective state administrative agency. However, the most common reason for a reckless driving charge is speed. While you should sign the summons, it is not in your best interests to just plead guilty and accept your punishment. 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. The Penalties for Reckless Driving in Virginia, How to Beat a Reckless Driving Ticket in Virginia 9 Effective Defenses. The hearing is where you will bring to light all the information presented in the police report. Suspended License: Many people who receive reckless driving tickets also face a great risk of having their license suspended. . Even if you have already been found guilty of reckless driving, you may be able to appeal. However, a reckless driving ticket isnt the end of the world. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. The next thing he remembers, he informs the court, is that his vehicle was rammed from behind and he had to be transported to the hospital because his neck was in pain. If you have any questions about the court date you should reach out to the Clerk of the court. 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. Judges typically do this for DUI convictions, repeat reckless driving offenders, and in instances of extreme negligence. 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. 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. Many people think that they can defend themselves in court but end up with an unfavorable decision against them. Convicted motorists face up to six months in jail and a maximum of $1,000 in fines. A person can be charged with reckless driving if he is driving 20 miles per hour over . In some counties, judges may sentence you to 1 day in jail for every mile per hour over 90 that you were traveling. I sit in Court often, waiting for my turn on the docket, hearing other cases that are being tried before mine. 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. In any case, the most important thing to remember about reckless driving in Virginia is that you need to take the charges seriously. 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. Generally speaking, there are a few things youll want to do before your trial date if you choose this path. 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. Motorists who cause severe injuries to another person while . And in most states, this is not admissible in civil proceedings. The 10 day timeline includes weekends and holidays. If you do not sign the summons, the police officer may assume that you donot intend to appear at future court hearings. Free for Personal Injury & Criminal Defense Only. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Newport News There are several things you can do before your court date to improve your chances of a reduced charge or dismissal. What are the Consequences of a Reckless Driving Conviction? I had this video transcribed for visitors who prefer to read the content. Pleading to less serious charges. The police have discretion in deciding to arrest individuals charged with certain less serious offenses, such as reckless driving. This practice is not specified in Virginia law, but some judges see it as necessary to send a message to the offending driver. Saints running back Alvin Kamara and Bengals cornerback Chris Lammons entered not guilty pleas to battery charges in a Las Vegas courtroom on Thursday.. Kamara, Lammons and two other men were indicted by a grand jury last month on two charges one count of conspiracy to commit battery gross misdemeanor and one count of battery substantial bodily harm felony as a result of an incident in . Below is some information you may find on your summons and an explanation of the legal effect of signing the summons. Being charged with reckless driving with a suspended or revoked license is also a class 6 felony. Andrew Lindsey; . Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. 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. This reduces the costs and time you must spend addressing the matter and offers the opportunity to defend the charges against you in court. Driving while drowsy is a very serious and growing problem in the United States, which causes tens of thousands of accidents every year. These shops should be able to provide you with a calibration sheet that can be used in Court. 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. Possible Defenses to a Reckless Driving Charge, Be Careful What You Say About Police Officers. Additionally, by not signing the summons, you come across as rude and uncooperative, which is likely a factor that will play into resolving your case. "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. Several traffic violations are considered so serious under Virginia traffic law that they are charged as a criminal offense rather than a moving infraction. However, Virginia will report the offense and any imposed suspension or points to your home state. You were driving on the day of the offense. . You will be given a court date, and it is extremely important that you appear when you are supposed to. 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. No, you are not pleading guilty if you are charged with reckless driving in Virginia and sign the ticket. You could also ask your attorney if youve already hired one. 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. First, obtain a certified copy of your driving record from the Virginia Department of Motor Vehicles. How Do I Fight A Reckless Driving Charge in Virginia? Virginia reckless driving laws are complex, and if you are convicted, you face significant penalties. One very common example of charge bargaining in Virginia relates to reckless driving. In Virginia, reckless driving is a misdemeanor, not just a traffic infraction. Experienced Virginia traffic defense lawyers can research your case, negotiate with the government prosecutors, and prepare to win at trial. Signing the summons is a good strategy to avoid these negative consequences. The first and most important question you should ask is whether your ticket is for speeding or reckless driving. You gave me confidence throughout my case that things would turn out well, and I would recommend you to everyone who needs a lawyer. If convicted, your sentence may include jail time, hefty fines, drivers license suspension, points on your driving record, and a permanent criminal record. 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 trial itself will be conducted in the same general fashion as your first trial. For example, if a reckless driving conviction puts you over eight points in one year, or twelve points within two years, you will lose your license. 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 . Reckless Driving by Vehicle not Under Control, Driving a vehicle with improperly adjusted or faulty brakes, Driving an overloaded vehicle that obstructs view or controls, Driving next to another vehicle on a one lane roadway, Driving too fast for highway and traffic conditions (regardless of the posted speed limit), Speeding over 20 mph in excess of the speed limit, or driving faster than 80 mph regardless of the posted speed limit, Endangering a person or property on driveways or parking lots open to the public, Up to 6 months suspension of driving privileges, Acting under the instruction of a traffic enforcement officer or directing officer, Roadway markings clearly indicate permission to pass, Highways had the appropriate number of lanes to permit the act, Your vehicles speedometer was not calibrated properly, or the radar/Lidar device was not calibrated properly, You passed only a motorcycle, moped, or bicycle, Racing was on private property or with permission from the landowner, A clean driving record and character references, School bus was stopped for a reason other than loading or unloading, You were unaware of your vehicles defects and had them repaired soon thereafter, Failing to follow traffic signals or signs. Guilty is a little bit different than no contest. What Is The Virginia Difference Between Misdemeanor & Felony DUI? failure to appear in court is in itself a Class 1 misdemeanor in Virginia. 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. 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 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. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time.